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CASE DIGEST ON SAFEGUARD CASE TCI (SG) No. SG-2022-EX1-Cement
CASE DIGEST ON SAFEGUARD CASE TCI (SG) No. SG-2022-EX1-Cement
CASE DIGEST ON SAFEGUARD CASE TCI (SG) No. SG-2022-EX1-Cement
Submitted by:
Eureka Amor B. Limpag
Submitted to:
Ms. Michelle Suico
December 2023
CASE DIGEST
Facts: The Department of Trade and Industry initiated a motu proprio primary safeguard
disquisition to determine whether increased importations from colorful countries of
cement, specifically Ordinary Portland Cement Type 1 (ASEAN Harmonized Tariff title
(AHTN) 2017 Subheading No.2523.29.90) and Blended Cement Type 1P (AHTN
Greeting No.2523.90.00) are causing or hanging to beget serious injury to the domestic
cement assiduity on September 10, 2018. In the said report, DTI set up that the
increased significance of cement has caused serious injury to the Philippine cement
assiduity. Tariff Commission entered a letter from the Secretary of Trade and Industry
containing his request for the conduct by the Commission of a formal disquisition to
determine the graces of assessing a definitive safeguard measure on importations of
cement under Section 9 of RA No. 8800. On 28 January 2019, the Commission
commenced its formal disquisition. The Commission submitted on 13 April 2021 to the
Secretary of Trade and Industry a Report on the results of its monitoring of the
developments in the Philippine cement assiduity, including the specific sweats made by
the domestic assiduity to make a positive adaptation to import competition.
Issue: Whether or not the cement products measure the domestic industry in imminent
threat of serious injury and no significant overall impairment.
Rulings: The petitioner's domestic industry production output formed a significant share
of the total domestic production of Ordinary Portland Cement Type 1 and Blended
Cement Type 1P, satisfying the criterion under Section 4(f) of RA No. 8800. There was
no major general deterioration in the domestic cement industry's situation that
constituted serious harm. There is no imminent threat of major injury or considerable
overall damage to the local cement industry's position.