What are the limitations in the application of safeguard measures?

09/05/2024 02:34 - 120 Views

-  Extent of redressing or preventing the injury;


-  To facilitate the domestic industry’s adjustments from the adverse effects directly attributed to the increased imports;


When quantitative import restrictions are used, such measures shall not reduce the quantity of imports below the average imports for the three (3) preceding representative years, unless clear justification is given that a different level is necessary to prevent or remedy a serious injury.


General safeguard measure shall not be applied to a product originating from a developing country, if that country’s share of total imports of the product is less than three percent (3%), provided that the developing countries with less than three percent (3%) share collectively account for not more than nine percent (9%) of the total imports.

 

Special safeguard measures


To safeguard and enhance the interest of farmers and fisherfolk, the provisions of Republic Act No. 8435, otherwise known as the

 

Agriculture and Fisheries Modernization Act (AFMA), will not be affected by the provisions of the special safeguard measures under R.A. 8800.


There shall be no recourse to the use of special safeguards measures concurrently with the general safeguard measure.


The special safeguard provisions of R.A 8800 shall lapse with the duration of the reform process in agriculture as determined in the WTO.

 

Thereafter, recourse to safeguard measures shall be subject to the provisions on general safeguard measures as provided in R.A. 8800.
 

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