REPUBLIC ACT No. 8800
AN ACT PROTECTING LOCAL INDUSTRIES BY PROVIDING SAFE IN MEASURE TO BE UNDERTAKE IN RESPONSE TO INCREASED IMPORTS AND PROVIDING PENALTIES FOR VIOLATION THEREOF
Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:
CHAPTER I
GENERAL PROVISIONSSection 1. Short Title - this Act shall be known as the "Safeguard Measures Act."
Section 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 serous injury to those domestic industries and producers.
Section 3. Scope of Application – this Act shall apply to products being imported into the country irrespective of source.
Section 4. Definitions – For the purpose of this Act, the following terms are defined as follows:
(a) " Agricultural product" refers to...
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Republic Acts
SAFEGUARD MEASURES ACT
Republic Act No. 8800
Summary of Republic Act No. 8800 (Safeguard Measures Act)
General Provisions
- Short title: "Safeguard Measures Act" (Section 1)
- Policy: Promote competitiveness of domestic industries and provide safeguard measures against increased imports causing serious injury (Section 2)
- Scope: Applies to all imported products irrespective of source (Section 3)
- Definitions (Section 4):
- Agricultural product, consumers, critical circumstances, directly competitive products, domestic industry, interested parties, like product, market access opportunity, minimum access volume, positive adjustment to import competition, price difference, product, serious injury, substantial cause, threat of serious injury, trigger volume, trigger price
General Safeguard Measure
- Conditions for application: Increased imports causing serious injury or threat thereof to domestic industry; for non-agricultural products, must be in public interest (Section 5)
- Initiation: Petition by domestic industry or motu proprio by Secretary (Section 6)
- Preliminary determination within 30 days (Section 7)
- Provisional measures in critical circumstances for up to 200 days (Section 8)
- Formal investigation and public hearing by Tariff Commission within 120 days (Section 9)
- Determination of serious injury or threat thereof based on relevant factors (Section 12)
- Definitive measures recommended by Tariff Commission (Section 13):
- Duty increase, tariff-rate quota, quantitative restriction, adjustment measures, or combination
- Limited to redressing injury and facilitating adjustment
- Exemption for developing countries with less than 3% import share
- Regular review and liberalization
- Limitations on actions: Maximum 4 years, including provisional period; maximum 10 years with extensions (Section 15)
- Monitoring and reporting by Tariff Commission (Section 16)
- Notice to WTO Committee on Safeguards (Section 17)
- Reduction, modification, or termination of action based on monitoring or industry petition (Section 18)
- Extension of measure for up to 4 years based on industry petition (Section 19)
- Evaluation of effectiveness after termination (Section 20)
Special Safeguard Measure for Agricultural Products
- Authority to impose additional duty if import volume exceeds trigger volume or import price is below trigger price (Section 21)
- Initiation by request or motu proprio by Secretary of Agriculture (Section 22)
- Determination of duty based on volume test (Section 23):
- Trigger volume based on average import volume and domestic consumption change
- Duty up to one-third of out-quota customs duty
- Determination of duty based on price test (Section 24):
- Trigger price based on 1986-1988 average import price
- Duty based on percentage of price difference from trigger price
- Exemption for minimum access volume imports (Section 25)
- Special provisions for perishable and seasonal products (Section 26)
- Notice to WTO Committee on Agriculture (Section 27)
- Duration until end of agriculture reform process (Section 28)
Special Provisions
- Judicial review by Court of Tax Appeals (Section 29)
- Penalty for failure to implement by government officials (Section 30)
- Prohibition of concurrent recourse to general and special safeguard measures (Section 31)
- Issuance of implementing rules and regulations (Section 32)
- Congressional Oversight Committee (Section 33)
- Administrative system support and funding (Section 34)
- Assistance to farmers and fisherfolk (Section 35)
- Conditions for application: transparency and non-impairment of existing contracts (Section 36)
- Separability clause (Section 37)
- Repealing clause (Section 38)
- Effectivity clause (Section 39)
General Provisions
- Short title: "Safeguard Measures Act" (Section 1)
- Policy: Promote competitiveness of domestic industries and provide safeguard measures against increased imports causing serious injury (Section 2)
- Scope: Applies to all imported products irrespective of source (Section 3)
- Definitions (Section 4):
- Agricultural product, consumers, critical circumstances, directly competitive products, domestic industry, interested parties, like product, market access opportunity, minimum access volume, positive adjustment to import competition, price difference, product, serious injury, substantial cause, threat of serious injury, trigger volume, trigger price
General Safeguard Measure
- Conditions for application: Increased imports causing serious injury or threat thereof to domestic industry; for non-agricultural products, must be in public interest (Section 5)
- Initiation: Petition by domestic industry or motu proprio by Secretary (Section 6)
- Preliminary determination within 30 days (Section 7)
- Provisional measures in critical circumstances for up to 200 days (Section 8)
- Formal investigation and public hearing by Tariff Commission within 120 days (Section 9)
- Determination of serious injury or threat thereof based on relevant factors (Section 12)
- Definitive measures recommended by Tariff Commission (Section 13):
- Duty increase, tariff-rate quota, quantitative restriction, adjustment measures, or combination
- Limited to redressing injury and facilitating adjustment
- Exemption for developing countries with less than 3% import share
- Regular review and liberalization
- Limitations on actions: Maximum 4 years, including provisional period; maximum 10 years with extensions (Section 15)
- Monitoring and reporting by Tariff Commission (Section 16)
- Notice to WTO Committee on Safeguards (Section 17)
- Reduction, modification, or termination of action based on monitoring or industry petition (Section 18)
- Extension of measure for up to 4 years based on industry petition (Section 19)
- Evaluation of effectiveness after termination (Section 20)
Special Safeguard Measure for Agricultural Products
- Authority to impose additional duty if import volume exceeds trigger volume or import price is below trigger price (Section 21)
- Initiation by request or motu proprio by Secretary of Agriculture (Section 22)
- Determination of duty based on volume test (Section 23):
- Trigger volume based on average import volume and domestic consumption change
- Duty up to one-third of out-quota customs duty
- Determination of duty based on price test (Section 24):
- Trigger price based on 1986-1988 average import price
- Duty based on percentage of price difference from trigger price
- Exemption for minimum access volume imports (Section 25)
- Special provisions for perishable and seasonal products (Section 26)
- Notice to WTO Committee on Agriculture (Section 27)
- Duration until end of agriculture reform process (Section 28)
Special Provisions
- Judicial review by Court of Tax Appeals (Section 29)
- Penalty for failure to implement by government officials (Section 30)
- Prohibition of concurrent recourse to general and special safeguard measures (Section 31)
- Issuance of implementing rules and regulations (Section 32)
- Congressional Oversight Committee (Section 33)
- Administrative system support and funding (Section 34)
- Assistance to farmers and fisherfolk (Section 35)
- Conditions for application: transparency and non-impairment of existing contracts (Section 36)
- Separability clause (Section 37)
- Repealing clause (Section 38)
- Effectivity clause (Section 39)