1. What is the law on the application of safeguard measures?

Republic Act (R.A.) No. 8800, otherwise known as the Safeguard Measures Act
provides for:

a. general safeguard measures to relieve domestic industries suffering from serious

injury as a result of increase in imports; and

b. special safeguard measures (additional duty not exceeding 1/3 of the existing
rate of duty) on agricultural products marked SSG in Schedule LXXV-
Philippines, when the import volume exceeds its trigger level or when the actual
c.i.f. import price falls below a trigger price level.

The reason for the application of safeguard measures is to give the affected domestic
industry time to prepare itself against, and adjust to, increased import competition because
of the reduction of tariffs or the lifting of quantitative restrictions.

R.A. 8800 was signed into law on July 19, 2000, published on July 24, 2000, and
took effect on August 9, 2000, i.e., fifteen (15) days following its complete publication in a
newspaper of general circulation. Its provisions were adopted in Section 712 of the Customs
Modernization and Tariff Act (CMTA).

2. Who may file a petition for safeguard measures?

For general safeguard measures, the following may file a petition:

a. Domestic producers as a whole of like or directly competitive products

manufactured or produced in the Philippines, or those whose collective output of
like or directly competitive products constitutes a major proportion of the total
domestic production of those products;

b. The President, or the House or Senate Committee on Agriculture, or the House or

Senate Committee on Trade and Commerce; and

c. The Secretary of Trade and Industry or the Secretary of Agriculture, motu proprio,
if there is evidence of increased imports of the product under consideration.

For special safeguard measures, the following may file a petition:

a. Any person, whether natural or juridical, may request verification if a particular

agricultural product can be imposed a special safeguard duty.

b. The Secretary of Agriculture may, motu proprio, initiate the imposition of a special
safeguard measure following the satisfaction of the conditions for imposing the
measure.

3. Are there any fees to be paid for formal investigation of a general safeguards
case?

Petitions found to be meritorious under R.A. 8800 are subject to a Filing Fee of
Twenty Thousand Pesos (P20,000.00) and Legal Research Fund Fee of Two Hundred
Pesos (P200.00), per case.

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4. Where is a petition for safeguard measure filed?

Petitions for general safeguard action shall be filed with the Department of Trade and
Industry (DTI) Secretary involving non-agricultural products, or with the Department of
Agriculture (DA) Secretary in cases relating to agricultural products. The concerned
Secretary shall determine whether or not the petition is proper in form and substance and
whether or not the documentary requirements are complied with.

Petitions for special safeguard measures shall be filed with the Secretary of
Agriculture.

5. What is the role of the Tariff Commission in general safeguards investigation?

The Commission shall conduct the formal investigation to determine:

a. if the domestic product is a like product or a product directly competitive to the

imported product under consideration;

b. if the product is being imported into the Philippines in increased quantities

(absolute or relative to domestic production);

c. the presence and extent of serious injury or threat thereof to the domestic
industry that produces like or directly competitive product; and

d. the existence of a causal relationship between the increased imports of the

product under consideration and the serious injury or threat thereof to the
affected domestic industry.

6. What is the timetable for the completion of the formal investigation by the
Commission?

The Commission shall conclude its formal investigation and submit a report of its
findings and conclusions to the Secretary within one-hundred-twenty (120) calendar days
from receipt of the request from the Secretary, except when the Secretary certifies that the
same is urgent, in which case the Commission shall complete the investigation and submit
the report within sixty (60) calendar days.

Upon its positive determination, the Commission shall recommend to the Secretary
an appropriate definitive measure.

The step-by-step procedure for petitions under R.A. 8800 is shown in Annex A.

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 ANNEX A

THE CUSTOMS MODERNIZATION AND TARIFF ACT

STEPS IN THE FORMAL INVESTIGATION PROCESS1 FOR

PETITIONS FOR TRADE REMEDY MEASURES UNDER:
1. SECTION 711 DUMPING DUTY
2. SECTION 712 SAFEGUARD DUTY
3. SECTION 713 COUNTERVAILING DUTY

Unit /
Step Activities 2 Fees
Person-In-Charge
1 Proceed to Cashier for payment of P20,000.00 Cashier
investigation fee 3 (Filing Fee)

P200.00
(Legal Research
Fund Fee)
2 Preliminary Conference 4 Petitioner to pay Presiding Officer
publication cost 5

3 Submission of initial memoranda / Records Officer

position paper 6
4 Ocular inspection of plant Task Force
facilities / Verification of data 7
5 Public Hearing 8 Petitioner to pay Presiding Officer
publication cost 5
6 Submission of amended position paper / Records Officer
principal memoranda 9
7 Issuance of TC Report of Findings and Task Force / Records
Recommendations to Secretary of Officer / Planning
Agriculture/Trade and Industry and Parties 10 Management and
Information Systems
Division

1
Commencement of TC formal investigation: upon receipt by TC of endorsement and records of the case from
the Secretary of Agriculture (for agricultural products) or Secretary of Trade and Industry (for industrial
goods)
2
Investigative Timetable: 120 calendar days from receipt of the referral of the Secretary / 60 calendar days
if certified urgent by the Secretary
3
Parties will be informed of initiation of TC formal investigation; Processing time: 30 minutes
4
Parties will be informed of schedule of preliminary conference
5
Notice of billing will be sent to parties
6
Parties will be informed of deadline for submission of position papers
7
Parties will be informed of schedule of ocular inspection/data verification
8
Parties will be informed of schedule of public hearing
9
Parties will be informed of deadline for submission of documents
10
Check status of investigation on TC website: www.tariffcommission.gov.ph
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