Safeguard Measure Anti - Dumping Measures Countervailing Measures Republic Act 8752 Republic Act 8751 Republic Act 8800 Address unfairly traded imports Address unfairly traded imports Address fairly traded imports Legislation General Special (Export price at the level of normal value) Nature of Measure Objective (Export price is lower than the normal value) (Subsidized production or exportation of the foreign merchandise) Dumping duties seek to level the playing field by providing remedies and protecting domestic industries against the unfair trade practices of dumping Countervailing duties seek to level the playing field by providing remedies and protecting domestic industries against the unfair trade practices of subsidization General safeguards will remove injury Special safeguards will assist farmers and facilitate structural adjustments that whose products were previously will enable an industry to gain protected by quantitative restrictions competitiveness that have been tariffied. Limited to like products Limited to like products Products exported and countries exporting like or directly competitive product Country specific and Exporter specific Special safeguards apply to tariffied General safeguards apply to industrial agricultural products denominated and non-tariffied goods with the acronym "SSG" in the GATT Schedule of Concessions Coverage of Measure Country specific and Exporter specific Elements to be Established Like Product (Product comparability) Like Product (Product comparability) Price Difference Subsidy Material injury or threat of material injury Material injury or threat of material injury (Increased level of imports absolute or relative to production) (general safeguards) ( Volume of imports exceed a base trigger level or price falls below a trigger price level ) (special safeguards) Product Comparability - like or directly Product Comparability - like product) competitive product) Volume of imports exceed a base Increased imports trigger level, or Serious injury or threat of serious injury Price falls below a trigger price level Causal Link Minimum Threshold of Support of Industry for Application Causal Link A domestic industry which is supported by A domestic industry which is supported by domestic producers whose collective output domestic producers whose collective output constitutes more than 50% of the total constitutes more than 50% of the total production of the like product produced by production of the like product produced by other domestic producers that are expressing other domestic producers that are expressing either support for or opposition to the either support for or opposition to the application. application. Causal Link Industry filing the case should be a producer of the like or directly competitive product whose collective output constitutes a major proportion of the total domestic production (General safeguards) DA (motu propio) (Special safeguards) Minimum Threshold of Support of Industry for Application However, no investigation shall be initiated when domestic producers expressly supporting the application account for less than 25% of the production of the like product produced by the domestic industry. Provisional Measure - anti-dumping bond Industry filing the case should be a producer of the like or directly competitive product whose collective output constitutes a major proportion of the total domestic production However, no investigation shall be initiated (General safeguards) when domestic producers expressly supporting the application account for less than 25% of the production of the like product produced by the domestic industry. Provisional Measure - countervailing bond Forms of Measure Imposition of Provisional Measure Duration of Definitive Measure Definitive anti-dumping duty Definitive countervailing duty Requires the conduct of a preliminary investigation (affirmative preliminary determination) prior to imposition of a dumping bond of four (4) months, extendable to six (6) months Requires the conduct of a preliminary investigation (affirmative preliminary determination) prior to imposition of a dumping bond of four (4) months Five (5) years, subject to sunset review to determine whether or not to extend the effectivity of the dumping duty Five (5) years, subject to sunset review to determine whether or not to extend the effectivity of the countervailing duty DA (motu propio) (Special safeguards) Provisional Measure - tariff increase Additional duty not exceeding onethird of the level of the ordinary Definitive safeguard measure - tariff customs duty in effect during the year increase; quantitative restrictions (e.g., in which the action is taken. import quota; import licensing) In critical circumstances where delay may cause damage that is difficult to repair, safeguard measure in the form of tariff adjustment may be imposed for 200 days pursuant to a preliminary determination. Not provisionally applied. Four (4) years, extendable for another 4 years provided the industry can show Shall only be maintained until the end that structural adjustment is being of the year in which it has been implemented with an extension for imposed. another 2 years for developing countries.
