Question & AnswerQ&A (BOC MEMORANDUM ORDER NO. 3-2005)
BOC Memorandum Order No. 3-2005 deals with the extension of the general safeguard measure imposed against ceramic floor and wall tiles importations.
The general safeguard measure is imposed and extended under Republic Act No. 8800, also known as the Safeguards Act.
The extension period for the general safeguard measure on ceramic tiles is three (3) years starting January 12, 2005.
The definitive safeguard measure imposed is P2.80 per kilogram during the first year of the extension period, which is a 20% reduction from the previous P3.50/kg.
No, imported ceramic tiles from Japan and member states of the European Union are excluded from the extended safeguard measures, as these are not considered "like products or directly competitive products" under Section 4 of RA 8800.
A general safeguard measure shall not be applied to a product from a developing country if its share of total Philippine imports of the product is less than 3%, provided that collectively such developing countries do not exceed 9% of total imports.
Rule 15.6 of the Implementing Rules and Regulations (IRR) of RA 8800 governs the annual review of the safeguard measure to liberalize or reduce its intensity.
The notification and consultation requirements of Article 12 of the WTO Safeguards Agreement and Section 17 of RA 8800 and its IRR must be complied with.
Imports originating from ASEAN Member states are governed by the provisions of Articles 6 and 8 of the Agreement on the CEPT Scheme, not by the general safeguard measure.
Any order not consistent with this memorandum is repealed or modified accordingly.