What are the remedies/measures imposed against the injurious import surge with respect to General safeguard measures?

09/05/2024 02:38 - 88 Views

- Provisional measure (applied only after a preliminary affirmative determination by BIS or DA)


Such measure shall take the form of a tariff increase either ad valorem or specific, or both, to be paid through a cash bond set at a level sufficient to redress or prevent serious injury to the domestic industry.


In the case of non-agricultural products, the Secretary shall first establish that the imposition of the provisional safeguard measure would be in the public interest.


In the case of agricultural products, where the tariff increase may not be sufficient to redress or to prevent serious injury to the domestic producer or producers, a quantitative restriction may be applied.


The duration of the provisional measure shall not exceed two hundred (200) calendar days from the date of imposition.


- Definitive safeguard measure (following affirmative final determination by the Commission)


1.    An increase in, or imposition of, any duty on the imported product (not subject or limited to the maximum levels of tariff as set forth in Section 401 (a) of the Tariff and Customs Code of the Philippines, as amended);


2.    A decrease in or the imposition of a tariff-rate quota (MAV) on the product;


3.    A modification or imposition of any quantitative restriction on the importation of the product into the Philippines;


4.    One or more appropriate adjustment measures, including the provision of trade adjustment assistance;


5.    Any combination of actions described in subparagraphs (a) to (d).


The Commission may also recommend other actions, including the initiation of international negotiations, to address the underlying cause of the increase in imports of the product to alleviate the injury or threat thereof to the domestic industry and to facilitate positive adjustment to import competition.

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