Title
Extension of safeguard on ceramic tile imports
Law
Boc Memorandum Order No. 3-2005
Decision Date
Jan 14, 2005
The extension of the definitive general safeguard measure on ceramic floor and wall tile imports is set for three years, reducing the previous rate to P2.80/kg, while excluding imports from Japan and EU member states that do not compete directly.
A

Scope and Exemptions from the Safeguard Measure

  • Imports of ceramic tiles originating from Japan and European Union member states are excluded from the safeguard measure.
  • This exemption is based on the criteria that such tiles are not "like products" or "directly competitive products" under Section 4 of RA 8800.

De Minimis Import Threshold for Developing Countries

  • Pursuant to Section 13 of RA 8800 and Rule 13.1.d of the IRR, the safeguard measure does not apply to products from developing countries whose individual share in total Philippine imports of the product is below 3%.
  • Collectively, developing countries with less than 3% import share must not exceed 9% of total imports for exemption to apply.
  • A list of countries qualifying for this exemption is attached as Annex A and subject to change based on the latest data during annual reviews by the Department of Trade and Industry (DTI).

Compliance with International and Domestic Notification and Consultation Obligations

  • The provisions of Article 12 of the WTO Safeguards Agreement and Section 17 of RA 8800 with corresponding IRR provisions on notification and consultations must be observed.
  • Imports from ASEAN member states are governed separately under Articles 6 and 8 of the ASEAN Common Effective Preferential Tariff (CEPT) Scheme.

Monitoring and Review of the Safeguard Measure

  • The application of the extended safeguard measure is subject to ongoing monitoring and periodic review under Sections 15 and 16 of RA 8800.
  • The Department of Trade and Industry is responsible for conducting these reviews during the extension period.

Effect on Previous Orders

  • Any prior orders inconsistent with the provisions of this extension and adjustment are hereby repealed or modified accordingly.

Administrative Authority and Compliance

  • The order is issued by the Bureau of Customs Commissioner and requires strict compliance by all concerned parties.
  • Accountability for implementation rests with the Commissioner, ensuring effective enforcement of the safeguard measure extension.

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