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This page features the full text of REPUBLIC
ACT NO. 8800THE
SAFEGUARD
MEASURES ACT
REPUBLIC
ACT NO. 8800“THE
SAFEGUARD
MEASURES ACT”
AN
ACT PROTECTING LOCAL INDUSTRIES BY PROVIDING SAFE IN MEASURE TO BE
UNDERTAKE
IN RESPONSE TO INCREASED IMPORTS AND PROVIDING PENALTIES FOR VIOLATION
THEREOF.
CHAPTER
IGENERAL
PROVISIONS
Section 1. Short
Title. - this Act shall be known as the "Safeguard Measures Act."
Sec. 2. Declaration
of Policy. - The State shall promote the competitiveness of
domestic
industries and producer based on sound industrial and agricultural
development
policies, and technical resources. In pursuit of this goal and in the
public
interest the State shall provide safeguard measures to protect domestic
industries and producers from increased imports, which caused or
threaten
to cause serious injury to those domestic industries and producers.
Sec. 3. Scope
of Application. – this Act shall apply to products being imported
into
the country irrespective of source.
Sec. 4. Definitions.
– For the purpose of this Act, the following terms are defined as
follows:
(a) "Agricultural
product" refers to a specific commodity under Chapter 1 to 24 of
the
Harmonized System (HS) of the Commodity Classification as used in the
Tariff
and Customs Code of the Philippines
(b) "Consumers"
shall refer to the Tariff Commission;
(c) "Consumers"
shall refer to natural person or organized consumer groups who are
purchaser, lessees, recipient, or prospective purchasers, lessees,
recipients
of consumer products, services or credit;
(d)
"Critical
circumstances" shall mean circumstances where there is prima facie
evidence
that increased imports, where there absolute or relative to domestic
production,
are a substantial cause of serious injury or threat thereof to the
domestic
industry and that delay in taking action under this Act would cause
damage
to the industry that would be difficult to repair;
(e) "Directly
competitive products" shall mean domestically-produced
substitutable
products:
(f)
"Domestic
industry" shall refer to the domestic producer, as a whole, of
like
or directly competitive products manufactured or produced in the
Philippines
or those whose collective output of like or directly competitive
products
constitutes a major proportion of products;
(g) "Interested
parties" shall include domestic producers consumers, importers and
exporters of the products under consideration
(h) "Like
product" shall mean a domestic product which it identical, i.e.,
alike in all respects to the imported product under consideration,
or in the absence of such a product, another domestic product which,
although
not alike in all respects, has characteristically and closely
resembling
those of the imported product under consideration.
(i) "Market
access opportunity" shall mean the percentage of the total annual
volume
of imports of an agricultural product to the corresponding total volume
of domestic consumption of the said product in the country in the three
(3) immediately preceding years for which data are available;
(j) "Minimum
Access Volume (MAV)" is the amount of imports of an agricultural
product
allowed to be imported into the country at a customs duty lower than
out-quota
customs duty:
(k) "Positive
adjustment to import competition" shall refer to the ability of the
domestic industry to compete successfully with imports after measure,
or
to the orderly transfer of resources to other productive pursuits; and
to the orderly transition of dislocated workers in the industry to
other
productive pursuits;
(l) "Price
difference" is the amount obtained after subtracting the c.i.f.
import
price from the trigger price;
(m) "Product"
shall refer either to article, commodities or goods;
(n) "Secretary
injury" shall refer to either the Secretary of the Department of
Trade
and Industry in the case of non-agricultural products or the Secretary
of the Department of Agriculture in the case of agricultural products;
(o) "Serious
injury" shall mean a significant impairment in the position of a
domestic
industry after evaluation by competent authorities of all relevant
factor
of an objective and quantifiable nature having a bearing on the
situation
of the industry concerned, in particular ,the rate and amount of the
increase
in imports of the products concerned in absolute and relative terms the
share of the domestic market take by increased imports, change in level
of sales, production, productivity, capacity utilization, profit and
losses,
and employment;
(p)
"Substantial
cause" means a cause which is important but not less than any other
cause;
(q) "Threat
of serious injury" shall be understood to mean serious injury that
is imminent;
(r) "Trigger
volume" is the price benchmark for applying the special safeguard
measure;
and
(s) "Trigger
price" is the volume benchmark for applying the special safe guard
measure.
CHAPTER
IIGENERAL
SAFEGUARD MEASURE
Sec. 5. Condition
the Application of General Safeguard Measure. - The Secretary shall
apply a general safeguard measure upon a positive final determination
of
the Commission that a product is being imported in to the country in
increased
quantities, whether absolute or relative to the domestic production, as
to be a substantial cause of serious injury or threat thereof to the
domestic
industry; however in the case of on- agricultural products; the
Secretary
shall first establish that the application of such safeguard measure
will
be in the public interest.
Sec. 6. Initiation
of Action Involving General Safeguard Measure. - Any person,
whether
natural or juridical, belonging to or representing a domestic industry
may file with the Secretary a verified petition requesting that action
be taken to remedy the serious injury or prevent the threat thereof to
the domestic industry caused by in creased imports of the product under
consideration.
The petition
shall include documentary evidence supporting the facts that are
essential
to establish:
1. An
increase
in import of like or directly competitive products;
2. The
existence
of serious injury or threat thereof to the domestic industry ; and
3. The
causal
link between the increased imports of the product under consideration
and
the serious injury or threat thereof.
The Secretary
shall
review the accuracy and adequacy of the evidence adduced in the
petition
to determine the existence of a prima facie case that will justify the
initiation of a preliminary investigation within five (5) day from
receipt
of the petition
The Secretary
may also initiate action upon the request of the President; or
resolution
of the House or Senate Committee On Agriculture, or House or Senate
Committee
on Trade and Commerce.
In the absence
of such a petition, the Secretary may, motu proprio, initiate a
preliminary safeguard investigation if there is evidence that increased
imports of the product under consideration are a substantial cause of
the
threatening to substantially cause, serious injury to the domestic
industry.
The Secretary
may extend legal, technical and other assistance to the concerned
domestic
producer and their organization at all stages of the safeguard action.
Sec. 7. Preliminary
Determination. - Not later than thirty (30) days from receipt of
the
petition or a motu proprio initiation of the preliminary
safeguard
investigation. The Secretary shall on the basis of the evidence and
submission
of the interested parties, make a preliminary determination that
increased
imports of the product under consideration are a substantial cause of
or
threaten to substantially cause, serious injury to the domestic
industry
In the process of conducting a preliminary determination, the Secretary
shall notify the interested parties and shall require them to submit
their
answer within five (5) working days from receipt of such notice. The
notice
shall be deemed received five (5) working days from the date of
transmittal
to the respondent or appropriate diplomatic representative of the
country
of exportation or origin of the imported product under consideration.
When information
is not applied within the above time limit set by the Secretary or if
the
investigation is significantly impeded, decision will be based on the
facts
derived from the evidence at hand.
Upon a positive
preliminary determination that increased importation of the product
under
consideration is a substantial cause of, or threatens to substantially
cause serious injury to the domestic industry the secretary shall
without
delay transmit its records to the Commission for immediate formal
investigation.
Sec. 8. Provisional
Messages. - In critical circumstances, which would be difficult to
repair, and pursuant to a preliminary determination that increased
import
are a substantial cause of, or threaten to substantially cause, serious
injury to the domestic industry, the Secretary shall immediately issue,
through the Secretary of finance, a written instruction the
Commissioner
of Customs authorizing the imposition of a provisional general
safeguard
measure.
Such measure
shall take the from 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 present injury to the domestic injury provided, however, that in the
case of agricultural products where the tariff increase may not be
sufficient
to redress or to prevent serious injury to the domestic producers or
producers,
a quantitative restriction may be set. The cash bond shall be deposited
with a government depository bank and posted the bond. The duration of
the provisional measure shall not exceed two hundred (200) days from
the
date of imposition during which period the requirements of the
subsequent
section of this Act on the initiation of a formal investigation
notification
and consultation shall have been met provided, That the duration any
provisional
measure shall be counted as part of the initial period and any
extension,
of the definitive final safeguard measure.
When the provisional
safeguard measure is in the from of a tariff increase, such increase
shall
not be subject or limited to the maximum level of the tariff as set
forth
in Section 401 (a) of the Tariff and Customs Code of the Philippines.
Sec. 9. Formal
Investigation. - Within five (5) working days from receipt of the
of
the request from the Secretary, the Commission shall publish the notice
of the commencement of the investigation, and public hearing which
shall
afford interested parties and consumers and opportunity to be present
or
to present evidence, to respond to the presentation of other parties
and
consumers, and otherwise be heard. The Commission shall submit evidence
and position with respect to the importation of the subject article to
the Commission within fifteen (15) days after the initiation of the
investigation.
The Commission
shall complete its investigation and submit its report to the Secretary
within one hundred twenty (120) calendars days from receipt of the
referral
by the Secretary, except when the Secretary certifies that then same is
urgent, in which case the Commission shall complete the investigation
and
submit the report to the Secretary within sixty (60) days.
Sec. 10. Inspection
of Evidence. - The Commission shall make available for inspection
by
interested parties, copies of evidence submitted on or before the
relevant
due: Provided, however, that any information which is by nature
confidential or which is provided on a confidential basis, shall upon
cause
being shown, not be disclosed without permission of the party
submitting
it. Parties providing confidential information may be requested to
furnish
non-confidential summaries thereof or if such parties indicate that
such
information cannot be summarized, the reasons
Why a summary
cannot be provided: provided, further, that if the Commission finds
that
a request for confidentiality is not warranted and if that party
concerned
is either unwilling to make the information public or to authorize its
disclosure in generalized or summary from the Commissions may disregard
such information unless it can be demonstrated to its satisfaction from
appropriate sources that the information is correct.
Sec. 11. Adjustment
plan. - In the course of its investigation, the Commission shall
issue
a appropriate notice to representatives of the concerned domestic
industry
or other parties to submit an adjustment plan to import competition,
within
forty-five (45) days upon receipt of the notice, except when the
Secretary
certifies of that the same is urgent, in which case the adjustment plan
must be submitted within thirty (30) days.
If the Commission
makes an affirmative determination of injury or threat thereof
individual
comments regarding actions such persons and entities intend to take to
facilitate positive adjustment to import competition shall be submitted
to the Commission by any (a) firm in the domestic industry, (b)
certified
or recognized union or group of workers in the domestic industry, (c)
local
community, (d) trade association representing the domestic industry, or
(e) other person or the group of person.
Sec. 12. Determination
of Serious In jury or Threat Thereof. -In reaching a positive
determination
that the increase in the importation of the product under consideration
is causing serious injury or threat thereof to a domestic industry
producing
like products or directly competitive products, all relevant factors
having
a bearing on the situation of the domestic industry shall be evaluated.
These shall include, in particular, imports of the products concerned
in
absolute and relative terms, the share of the domestic market taken by
the increased imports, and changes in the level of sales production,
productivity,
capacity and employment.
Such positive
determination shall not be made unless the investigation demonstrates,
on the basis of objective evidence, the existence of the causal link
between
the increased imports of the product under consideration con serious
injury
or threat thereof to the domestic industry. When factors other than
increased
import are causing injury, such injury shall not be attributed to
increased
imports.
Sec. 13. Adoption
of Definitive Measure. - Upon its positive determination the
Commission
shall recommend to the Secretary an appropriate definitive measures, in
the form of:
(a) An
increase
in, or imposition of, any duty on the imported product;
(b) A
decrease
in or the imposition of a tariff-rate quota (MAV) on the product;
(c) A
modification
or imposition of any quantitative restriction on the importation of the
product into the Philippines;
(d) One or
more
appropriate adjustment measure, including into the provision of trade
adjustment
measure, including the provision of trade adjustment assistance;
(e) Any
combination
of action described in subparagraph (a) to (d).
The Commission
may also recommend other actions, including the initiation of
international
negotiation to address the underlying cause of the increase of imports
of the product, to alleviate the injury or threat thereof to the
domestic
industry, and to facilitate positive adjustment to import competition.
The general
safeguard measure shall be limited to the extent of redressing or pre
venting
the injury and to facilitate adjustment by the domestic industry from
the
adverse effects directly attributed to the increased imports: Provided,
however, that when quantitative import restriction are used, such
measure
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.
A general safeguard
measure shall not be applied to a product originating from a developing
country if its share of total imports of the product is less than three
percent (3%): Provided, however, That the developing countries
with
less than three percent (3%) share collectively account for not more
than
nine percent (9%) of the total imports.
The decision
imposing a general safeguard measure, the one (1) year, shall be
reviewed
at regular intervals for purposes of liberalizing or reducing its
intensity
the industry benefiting from the application of a general safeguard
measure
shall be required to show positive adjustment within the allowable be
terminate
where the benefiting industry fails to show any improvement, as may be
determined be by the Secretary.
The Secretary
shall issue a written instruction to the heads of the concerned
government
agencies to implement the appropriate general safeguard measure as
terminated
by the Secretary within fifteen (15) days from receipt of the report.
In the event
of a negative final determination, or if the cash bond in excess of the
definitive safeguard duty assessed, the Secretary shall immediately
issue,
through the Secretary of Finance, a written instruction to the
Commissioner
of Customs authorizing the return of the cash bond or the remainder
thereof,
as the cash may be, previously collected provisional general safeguard
measure within in the event of a negative final determination, or if
the
cash bond is in excess of the definitive safeguard duty assessed, the
Secretary
shall immediately issue, through the Secretary of Finance, a written
instruction
to the Commissioner of Customs, authorizing the return of the cash bond
or the remainder thereof, as the case may be, previously collected as
provisional
general safeguard measure within ten (10) days from the date a final
decision
has been made: Provided, That the government shall not be
liable
for any interest on the amount to be returned. The Secretary shall not
accept for consideration another petition from the same industry, with
respect to the same imports under consideration within one (1) year
after
the date of rendering such a decision.
When the definitive
safeguard measure is in the form of a tariff increase, such increase
shall
be not subject to the maximum levels of tariff as set forth in Section
401 (a) of the Tariff and Customs Code of the Philippines.
Sec. 14. Contents
of the Report by the Commission. - Based on its findings, the
Commission
shall submit to the Secretary: (a) the investigation report; (b) the
proposed
recommendations; (c) a copy of submitted adjustment plan; and (d) the
commitments
made by the domestic industry to import competition.
The report shall
also include a description of the short and long-term effects of the
affirmative
or negative recommendation, as the case may be, on the petitioner, the
domestic industries, the consumers, the workers, and the communities
where
production facilities of such industry are located.
The Commission,
after submitting the reports Secretary shall make it available to the
public
except confidential information obtained under Section 10 the publish a
summary in two (2) newspapers of general circulation.
Sec. 15. Limitations
on Actions. - The duration of the period of an action taken under
the
General Safeguard Provisions of this Act shall not exceed four (4)
years.
Such period shall include the period, if any, in which provisional
safeguard
relief under Section 8 was in effects.
The effective
period of any safeguard measure, including any extensions thereof under
Section 19 may not, in the aggregate, exceed ten (10) years.
1. Any
additional
duty, or any duty imposed under this Section may be specific and/or ad
valorem. It shall be in the amount necessary to prevent or redress or
remedy
the injury to the domestic industry;
2. If the
quantitative
restriction is used, such measure shall not reduce the quantity of
imports
below the level of a recent period which shall be the average of
imports
in the last three (3) representative years of which the statistics are
available, unless clear justification is given that a different levels
is necessary to prevent or remedy serious injury;
3. An action
described in Section 13 (a), (b), or (c) that has an effective period
of
more than one (1) year shall be phased down at regular intervals within
the period in which the action is in effect;
4. Within
two
(2) years after the expiration of the action, the Secretary shall not
accept
any further petition for the same article: Provided, however,
That
a safeguard measure with a duration of one hundred eighty (180) days or
less may be applied again to the same product if:
(i) At
least
one (1) year has elapsed since the date of introduction of the
safeguard
measure; and
(ii) Such
measure
has not been applied on the same product more than twice in the five
(5)
year period immediately preceding the date of introduction of the
measure.
Sec. 16. Monitoring.
– So long as any action taken under Section 13 remains in effect,
the
Commission shall monitor developments with respect to the domestic
industry,
including the progress and specific efforts made by workers and firms
in
the domestic industry to make a positive adjustment to import
competition.
(1) If the
initial application of action taken under Section 13 exceeds three (3)
years, or if an extension of such action exceeds three (3) years, the
Commission
shall submit to the Secretary a report on the results of the
monitoring,
not later than the date which is the midpoint of the initial period,
and
of each such extension, during which the action is in effect.
(2) The
Commission
in the preparation of each monitoring report shall conduct a hearing at
which interested parties shall be given reasonable opportunity to be
present,
to present evidence, and to be heard.
Sec. 17. Notice
of General Safeguard Measure. - The Secretary shall notify the
concerned
Committee on Safeguards of the World Trade Organization:
(a) When
initiating
an action relating to serious injury or threat thereof and the reasons
for it.;
(b) When
adopting
a provisional general safeguard measure following a positive
preliminary
determination; and
(c) When
applying
or extending a definitive general safeguard measure following a
positive
final determination.
Sec. 18. Reduction,
Modification, and Termination of Action. - Action taken under
Section
13 may be reduced, modified, or terminated by the Secretary only after:
(a) Taking
into account the results of the monitoring indicated in the report
submitted
by the Commission under Section 16, he determines that:
(i) No
adequate
efforts to make a positive adjustment to import competition have been
undertaken
by the domestic industry; and
(ii) Changed
economic circumstances have impaired the effectiveness of action taken
under Section 13.
(b) A majority
of the representative of the domestic industry submit to the Secretary,
at least one (1) year before the expiration, a petition requesting such
reduction, modification, or termination on the basis that the domestic
industry has made a positive adjustment to import competition.If reduction,
modification,
or termination of action is being requested for an action that has been
effect for three (3) year or less, the petitioning industry shall
submit
its request to the Secretary. The Secretary shall refer the request to
the Commission, which shall conduct an investigation following the
producers
under Section 9, to be completed within sixty (60) days from receipt of
the request. The Commission shall submit a report to the Secretary who
shall then take action after taking into consideration conditions under
Section 16(1) and (2), not later than thirty (30) days after receipt of
the Commission’s report.
Sec. 19. Extension
and Re-application of Safeguard Measure. – (1) Subject to the
review
under Section 16, an extension of the measure may be requested by the
petitioner
if the action continues to be necessary to prevent or remedy the
serious
injury and there is evidence that domestic industry is making positive
adjustment to import competition.
(2) The
petitioner
may appeal to the secretary at least ninety (90) days before the
expiration
of the measure for an extension of the period by stating concrete
reasons
for the need thereof and a description of the industry’s adjustment
performance
and future plan. The secretary shall immediately refer the request to
the
Commission. Following the procedures required under Section 9, the
commission
shall then submit a report to the Secretary not later that sixty (60)
days
from its receipt of the request Within seven (7) days from receipt of
the
report, the secretary shall issue an order granting or denying the
petition
In case an extension is Granted. The same shall be more liberal that
the
initial application.Sec. 20. Evaluation
of Effectiveness of Action. – After termination of any action
under
Section 13, the Commission shall evaluate the effectiveness of the
actions
taken by the domestic industry in facilitating positive adjustment to
import
competition
The Commission
shall hold a public hearing on the effectiveness of the action at which
all interested parties shall be afforded opportunity to present
evidence
or testimony.
CHAPTER
IIISPECIAL
SAFEGUARD MEASURE FOR AGRICULTURAL PRODUCTS
Sec. 21. Authority
to Impose the special Safeguard Measure. - The Secretary of
Agriculture
shall issue a department order requesting the Commissioner of Customs,
through the Secretary of Finance, to impose an addition special
safeguard
duty on an agricultural product, consistent with Philippine
international
treaty obligations, if:
(a) its
cumulative
import volume in a given year exceeds its trigger volume subject to the
conditions state in this Act, in section 23 below; or but not
concurrently;
and
(b) Its
actual
c.i.f. import price is less that its trigger price subject to the
Conditions
State in this Act, in Section 24 below.
Sec. 22. Initiation
of action Involving Special Safeguard Measure. - Any person,
whether
natural or juridical, may request the Secretary to verify if a
particular
product can be imposed a special safeguard duty subject to the
conditions
set in Section 21 of this Act. The request shall include date which
would
show that the volume of imports of a particular product has exceeded
its
trigger volume or that the c.i.f. import price of a particular product
has gone below its trigger price. The secretary shall come up with a
finding
within five (5) working days from the receipt of a request.
The Secretary
may, motu proprio, initiate the imposition of a special
safeguard
measure following the satisfaction of the conditions for imposing the
measure
set in this Chapter.
Sec. 23. Determination
of Special Duty Based on the Volume Test. - The special safeguard
duty
allowed to be imposed on the basis of the volume test pursuant to
Section
21 (a) of this act shall be determined as follows:
(a) The
trigger
volume referred to in Section 21 (a) of this Act is the amount
obtained,
after adding the change in the annual domestic consumption of the
agricultural
product under consideration for the two (2) preceding years for which
data
are available, to:
i. One
hundred
twenty-five percent (125%) of the average annual volume of imports of
the
agricultural product under consideration in the three (3) immediately
preceding
years for which data are available, hereinafter referred to as the
average
import volume, if the market access opportunity is at most ten percent
(10%); or
ii. One
hundred
ten percent (110%) of the average annual import volume, if the market
access
opportunity exceeds ten percent (10) but is not more that thirty
percent
(30%); or
iii. One
hundred
five percent (105%) of the average annual import volume if the market
access
opportunity exceeds thirty percent (30%)
Provided,
That if the change in the volume of domestic consumption mentioned
above
is not taken into account in computing the trigger volume. The trigger
volume shall be equal to one hundred twenty-five percent (125%) of the
average import volume for the immediate three (3) preceding years for
which
data are available, unless a clear justification is given that a
different
level is necessary to prevent or remedy serious injury: Provided,
further,
that the trigger volume shall at least be one hundred five percent
(105%) of the average imports of the agricultural product under
consideration.
(b) The
special
safeguard duty to be imposed subject to the conditions state under the
volume test shall be appropriately set to a level not exceeding
one-third
of the applicable out-quota customs duty on the agricultural product
under
consideration in the year when it is imposed: Provided, That
this
duty shall only be maintained until the end of the year in which it is
imposed: Provided, further, That this duty may be reduced or
terminated
in special cases such as when a shortage of a particular agricultural
product
exists, as determined by the Secretary.
(c) In transitu
volumes of imports of the agricultural product under consideration at
the
time the special safeguard duty is imposed shall be exempted from the
additional
duty. However, such volumes shall be counted in the computation or the
cumulative volume of imports of the said agricultural product for the
following
year
Sec. 24. Determination
of Special safeguard Duty Based on the Price Test. - The
additional
duty allowed to be imposed on the basis of the price test pursuant to
Section
21 (b) of this Act shall be determined as follows:
(a) The
trigger
price referred to in section 21(b) of this Act is the average actual
c.i.f.
import price or relevant reference price of the agricultural product
under
consideration from 1986 to 1988, unless a clear justification is given
that a different reference price is necessary to prevent or remedy
serious
injury. The secretary shall publish the list of trigger prices
corresponding
to each of the agricultural products covered by this Act, after the
conduct
of public hearings on the subject; and
(b) The
special
safeguard duty to be imposed subject to the conditions stated under
Section
21 (b) of this Act shall be computed as follows:
(i) Zero,
if price difference exceeds ten percent (10%) of the trigger price; or
(ii) Thirty
percent (30%) of the amount by which the price difference exceeds ten
percent
(10%) of the trigger price, if the said difference exceeds ten percent
(10%) but is at most forty percent (40%) of the trigger price; or
(iii) Fifty
percent (50%) of the amount by which the price difference exceeds forty
percent (40%) of the trigger price, plus the additional duly imposed
under
Section 24(b)(ii) if the said difference exceeds forty percent (40%)
but
is at most sixty percent (60%) of the trigger price; or
(iv) Seventy
percent (70%) of the amount by which the price difference exceeds sixty
percent (60%) of the trigger price, plus the additional duties imposed
under Section 24 (b) (ii) and (b) (iii), if the said difference exceeds
sixty percent (60%) and is at most seventy-five percent (75%) of the
trigger
price; or
(v) Ninety
percent
(90%) of the amount by which the price difference exceeds seventy-five
percent (75%) of the trigger price; plus the additional duties imposed
under Section 24 (b)(ii), (b)((iii), and (b)(iv), if the said
difference
exceeds seventy-five percent (75%) of the trigger price.
As far as
practicable,
a special safeguard measure determined under the provisions of this
Section
shall not be resorted to when the volume of the imported agricultural
product
under consideration is declining.
Sec. 25. Agricultural
Products Subject to Minimum Access Volume Commitments. – The
special
safeguard duty shall not apply to the volumes of the imported
agricultural
product under consideration that are brought into the country under the
minimum access volume mechanism: Provided, however, That these
volumes
shall be included in computing the cumulative volume of imports of the
said agricultural product pursuant to Section 21 (a) of this Act.
Sec. 26. Perishable
and Seasonal Agriculture Products. - Shorter time periods and
different
reference prices may be used in determining the applicable special
safeguard
measure taking into account the special characteristics of perishable
and
seasonal agricultural imports.
Sec. 27. Notice
of Special Safeguard Measure. - The Secretary shall make the
administration
of the safeguard measure transparent by giving notice in writing to the
WTO Committee on Agriculture, in advance to the extent practicable, and
seasonal agricultural products, notification shall be made from first
action
in any period.
The notice shall
include relevant data or as may be deemed necessary, information and
methods
used in cases where changes in consumption volumes must be allowed to
individual
tariff lines subject to action under Chapter III of this Act.
Where a special
safeguard measure action is taken under the provisions of this Act, the
Secretary shall consult with interest WTO members and provide all
relevant
information on the conditions of the application of such action.
Sec. 27. Duration
of Special Safeguard Measures. - The special safeguard measures for
agricultural products 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 Chapter II of this Act.
CHAPTER
IVSPECIAL
PROVISIONS
Sec. 29. Judicial
Review. - Any interest party who is adversely affected by the
ruling
of the Secretary in connection with the imposition of a safeguard
measure
may file with the Court of Tax Appeals, a petition for review of such
ruling
within thirty (30) days from receipt thereof: Provided, however,
That the filing of such petition for review shall not in any way stop,
suspend or otherwise toll the imposition or collection of the
appropriate
tariff duties or the adoption of other appropriate safeguard measures,
as the case may be.
The petition
for review shall comply with the same requirements and shall follow the
same rules of procedure and shall be subject to the same disposition as
in appeals in connection with adverse rulings on tax matters to the
Court
of Appeals.
Sec. 30. Penalty
Clause. - Any government official or employee who shall fail to
initiate,
investigate, and implement the necessary actions as provided in this
Act
and the rules and regulations to be issued pursuant hereto, shall be
guilty
of gross neglect of duty and shall suffer the penalty of dismissal from
public service and absolute disqualification from holding public office.
Sec. 31. Prohibition
of Concurrent Recourse to Safeguard Measures. – There shall be no
recourse
to the use of the general safeguard measure under Chapter II of this
Act
concurrently with the special safeguard measure as provided for under
Chapter
III of this Act and vice-versa.
Sec. 32. Issuance
of Implementing Rules and Regulations. – Within sixty (0) days
after
effectivity of this Act, the Determent of Agriculture and the
Department
of Trade and Industry in consultation with the Department of Finance,
the
Bureau of Customs, the National Economic and Development Authority, and
the Tariff Commission, after consultations with domestic industries and
with the approval of the Congressional Oversight Committee which is
hereby
created under this Act, shall promulgate the necessary rules and
regulations
to implement this Act.
Sec. 33. Oversight.
- There shall be a Congressional Oversight Committee composed of the
Chairmen
of the Committee on trade and Industry, the Committee on Ways and
Means,
and the Committee on Agriculture of both the Senate and the House of
Representatives
to oversee the implementation of this Act.
Sec. 34. Administrative
System Support. - Upon the effectivity of this Act, any sum as may
be necessary for the Department of Agriculture, the Department of Trade
and Industry, and Tariff Commission to undertake their functions
efficiently
and effectively shall be included in the General Appropriations Act.
The aforementioned
government agencies are hereby authorized to collect such fees,
charges,
and safeguard duties that are deemed necessary. Fifty percent (50%) of
the revenue collected from such fees, charges, and safeguard duties
shall
be set aside in a Remedies Fund which shall be earmarked for the use of
these agencies in the implementation of remedies, including the
safeguard
measures. The remaining fifty percent (50%) shall be deposited under a
special account to be created in the National Treasury and shall be
earmarked
for competitiveness enhancement measures for the industries affected by
the increased imports. The disposition thereof shall be determined
through
the General Appropriations Act.
Sec. 35. Assistance
to Farmers and Fisherfolk. - To safeguard and enhance the interest
of farmers and Fisherfolk, nothing in this Act shall in any manner
affect
the provisions Republic Act No. 8435, otherwise known as the
Agriculture
and Fisheries Modernization Act.
Sec. 36. Conditions
for Application of Safeguard Measures. - In the application of any
safeguard measure under this Act, the following conditions must be
observed:
(1) All
actions
must be transparent and shall allow any anti-competitive, monopolistic
or manipulative business device; and
(2) Pursuant
to the non-impairment clause of the Constitution,
nothing in this Act shall impair the obligation of existing supply
contracts.
Sec. 37. Separability
Clause. – If any provision of this Act is held invalid, the other
provisions
of this Act not affected shall remain in force and effect.
Sec. 38. Repealing
Clause. – All laws, decrees, rules and regulations, executive or
administrative
orders and such other presidential issuance as are inconsistent with
any
of the provisions of this Act are hereby repealed, amended or otherwise
modified accordingly.
Sec. 39. Effectively
Clause. - This Act shall take effect fifteen (15) days following
its
complete publication in two (2) newspapers of general circulation or in
the Official Gazette, whichever comes earlier.
Approved:
July 19, 2000
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