Philippines’ Legal Framework for various trade remedial measures is as under:

 

Anti-dumping

-    Article VI of GATT 1994

-    Agreement on Anti-Dumping

-    Republic Act No. 8752, otherwise known as the "Anti-Dumping Act of 1999", which amended Section 301 of the Tariff and Customs Code of the Philippines, provides protection to a domestic industry which is being injured, or is likely to be injured by the dumping of products imported into or sold in the Philippines.

R.A. 8752 was signed on August 12, 1999 and took effect on September 4, 1999.

-    Implementing Rules and Regulations (IRR) of RA 8752 were signed by the concerned Secretaries/ Agency Heads and published on July 3, 2000. The IRR (Joint Administrative Order No. 01, s. 2000) took effect on July 10, 2000, i.e. seven (7) days from its publication.

Countervailing Duty

-    Article VI of GATT 1994

-    Agreement on Subsidies and Countervailing Measures

-    Republic Act No. 8751, otherwise known as the "Countervailing Duty Act of 1999," which amended Section 302 of the Tariff and Customs Code of the Philippines, provides protection to a domestic industry which is being injured, or is likely to be injured, by subsidized products imported into or sold in the Philippines.

R.A. 8751 was signed on August 7, 1999 and took effect on August 31, 1999.

-    Implementing Rules and Regulations (IRR) of RA 8751 was signed by the concerned Secretaries/Agency Heads before it was published on September 18, 2000. The IRR (Joint Administrative Order No. 02, s. 2000) took effect on September 25, 2000, i.e., seven (7) days after publication.

Safeguard measures

-    Article XIX of GATT

-    Agreement on Safeguards

-  Republic Act No. 8800, otherwise known as the “Safeguard Measures Act” provides for: (i) general safeguard measures to relieve domestic industries suffering from serious injury as a result of increased imports. (ii) special safeguard measures (additional duty not exceeding 1/3 of the existing rate of duty) on agricultural products marked “SSG’ in Schedule LXXV-Philippines, when the import volume exceeds its trigger level or when the actual c.i.f. import price falls below a trigger price level.

Former President Estrada signed the law on July 19, 2000. R.A. 8800 was published on July 24, 2000 and took effect on August 9, 2000, i.e., fifteen (15) days following its complete publication.

-    Implementing Rules and Regulations (IRR) of RA 8800 was signed by the concerned Secretaries/Agency Heads and published in Manila Standard on October 4, 2000. The IRR (Joint Administrative Order No. 03, s. 2000) took effect on October 11, 2000, i.e., seven (7) days after publication. 

 

Note: These Acts and Rules are in consonance with the WTO Agreements on Anti- Dumping, Anti-Subsidy/Countervailing measures and Safeguard measures. 

 

The documnents are attached below:

Source: Department of Trade and Industry

Tải tài liệu
Republic Act No. 8752
Implementing Rules and Regulations of RA 8752
Republic Act No. 8751
Implementing Rules and Regulations of RA 8751
Republic Act No. 8800
Implementing Rules and Regulations of RA 8800