Safeguard Measures
Safeguard Measures
Agreement
General/Special Safeguard
Measures
WTO Agreement on Safeguards
(GATT Article XIX)
WTO Agreement on Agriculture
Nature of Measure
Address unfairly traded
imports :
Coverage of Measure
* Limited to like products
* Country specific and exporter
specific
Department of
(motu propio)
safguards
Agriculture
special
Objective
Dumping/countervailing duty seeks
to provide a remedy to level the
playing field
To protect the domestic industries
against the unfair trade practices of
dumping and/or subsidization.
General
safeguards
will
remove injury and facilitate
structural adjustments for the
industry to be competitive.
Elements to be Established
Product comparability (like
product)
Price difference/subsidy
Material injury or threat of material
injury
Causal link
General Safeguards :
Product comparability (like or
directly competitive product)
Increased imports
Serious injury or threat of serious
injury
Causal link
Special Safeguards:
- Product
comparability
(like
product)
- Volume of imports exceed a base
trigger level, or
- Price falls below a trigger price level.
Forms of Measure
a) Provisional
measure
dumping/countervailing bond
b) Definitive
dumping/countervailing duty
anti-
General Safeguards :
a) Provisional
measure
tariff
increase
b) Definitive safeguard measure:
- Tariff increase
- Quantitative restrictions (e.g. import
quota; import licencing.
Special Safeguards :
a) Additional duty not exceeding one
third of the level of the ordinary
customs duty in effect during the year
in which the action is taken .
General Safeguards :
Four (4) years, extendable for
another 4 years provided that
industry can show that structural
adjustment is being implemented
with an extension for another two (2)
years for developing countries.
Special Safeguards :
* Shall only be maintained until the
ends of the year in which it has been
imposed.
Signed the law by former President Joseph Ejercito Estrada on July 19, 2000.
Published on July 24, 2000
Took effect on August 9, 2000, fifteen days following its complete publication.
General Safeguard measures to relieve domestic industries suffering from serious injury as a
result of increased imports; and
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 level.
in
- issues Department Order requesting the Bureau of Customs, through the Department of Finance to impose
additional special safeguard duty on subject product equivalent to not more than 1/3 of its existing rate