SAFEGUARD MEASURE Flashcards
(43 cards)
WTO permits Member Countries to provide affected domestic industries relief against imports under circumstances specified in the General Agreement on Tariffs and Trade 1994 (GATT 1994).
safeguard measures
The importing government may take temporary(general)safeguard measures (higher tariffs, tariff quotas, or quantitative restrictions) against imports if the products at issue are being imported:
increased quantities
either absolute or relative to domestic production
under such conditions as to cause or threaten to causeseriousinjury to the domestic industry.
it allows for the application of special transitional safeguards.
the WTO Agreement on Agriculture
Against importations of agricultural products whose quantitative import restrictions (QR’s) were converted (“___________”) into ordinary customs duties.
tariffied
And for agricultural products designated with the symbol ________________in the GATT Schedule of Concessions.
“SSG” (Special Safeguard Measures)
Special safeguard measures may be invoked, if:
the volume of imports exceeds a trigger level; or (but not concurrently)
the price of imports falls below a trigger price.
PURPOSE OF SAFEGUARD MEASURE
is to give the affected domestic industry time to prepare itself for and adjust to “increased import competition” resulting from the reduction of tariffs or the lifting of quantitative restrictions agreed upon in multilateral trade negotiations.
LEGISLATION
Republic Act No. 8800, otherwise known as the
“Safeguard Measures Act”
_____________, otherwise known as the “Safeguard Measures Act”
Republic Act No. 8800
Former President Estrada signed the law on
July 19, 2000.
On July 19, 2000, who signed the legislation?
Former President Estrada
R.A. 8800 was published on
July 24, 2000 and took effect on August 9, 2000, i.e., fifteen (15) days following its complete publication.
it was was published on July 24, 2000 and took effect on August 9, 2000, i.e., fifteen (15) days following its complete publication.
R.A. 8800
Conducts preliminary investigation to determine whether or not provisional measure may be imposed.
Monitors the domestic industry’s progress and its efforts to make a positive adjustment to import competition.
Decides on the form of definitive safeguard measure to impose and issues a Department Order for implementation by concerned agencies.
Department of Trade and Industry – Bureau of Import Services (DTI-BIS) or Department of Agriculture (DA)
Conducts investigation on any legitimate request for the extension and re-application of safeguard measures; the reduction, modification and/or termination of safeguard action.
After the termination of safeguard measure, evaluates the effectiveness of the actions taken by the domestic industry to facilitate its positive adjustment to import competition.
Tariff Commission
In the case of sensitive, tariffied agricultural products (marked “SSG” in Schedule LXXV-Philippines), conducts verification whether:
volume of imports exceeds a base trigger level, or
c.i.f. import price falls below a trigger price level.
Department of Agriculture (DA)
Who may file a petition for safeguard measures?
“General safeguard measures”
Domestic producers as a whole
The” President”, or the” House or Senate Committee on Agriculture”, or the “House or Senate Committee on Trade and Commerce”; and
The “DTI or DA Secretary”, motu proprio, if there is evidence of increased imports of the product under consideration.
Who may file a petition for safeguard measures?
“Special safeguard measures”
“Any person”, whether natural or juridical may request a verification if a particular agricultural product can be imposed a special safeguard duty.
The “DA Secretary” may, motu proprio, initiate the imposition of a special safeguard measure following the satisfaction of the conditions for imposing the measure.
Where to file?
“General safeguard measures”
Petitions for safeguard action shall be filed with:
the “DTI Secretary” in the case of non-agricultural products, or
the “DA Secretary” in the case of agricultural products,
who shall determine whether or not the petition is proper in form and substance and whether or not the documentary requirements are complied with.
Where to file?
“Special safeguard measures”
The request shall be filed with the “Secretary of the Department of Agriculture”
Stages in a safeguard investigation
“General safeguard measure”
Prima Facie Determination
Preliminary Determination
Formal Investigation
Decision
Stages in a safeguard investigation
“Special safeguard measure”
Verification
Findings
Imposition of special safeguard measure
Stages in a safeguard investigation (GENERAL SAFEGUARD)
The DTI-BIS or DA, upon acceptance of the properly documented petition, has five (5) calendar days to decide whether a ______________ exists to merit the initiation of a preliminary investigation. In its determination, the BIS or DA undertakes an in-depth evaluation of the data submitted or provided, together with the information obtained independently.
If no ___________________, the application is denied.
PRIMA FACIE DETERMINATION
Stages in a safeguard investigation (GENERAL SAFEGUARD)
Within two (2) calendar days after the decision to initiate the preliminary investigation is made, DTI-BIS or DA notifies all known interested parties and the government of the exporting country about the initiation of the investigation and sends a proforma respondent’s questionnaire to all the interested parties (importers, domestic manufacturers, exporters, etc.).
PRELIMINARY DETERMINATION
