WORLD TRADE
ORGANIZATIONG/SG/N/10/PHL/2
G/SG/N/11/PHL/2
10 July 2003
(03-3732)
Committee on Safeguards Original:  English
NOTIFICATION PURSUANT TO ARTICLE 12.1(c)
OF THE AGREEMENT ON SAFEGUARDS
NOTIFICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2
OF THE AGREEMENT ON SAFEGUARDS
PHILIPPINES
The following communication, dated 4 July 2003, has been received from the Permanent
Mission of the Philippines.
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I refer to the Philippines' earlier notifications  in G/SG/N/6/PHL/1 of 3 July 2001 (initiation of
investigation), and G/SG/N/7/PHL/1 (finding of se rious injury) and G/SG/N/8/PHL/1 (imposition of a
provisional measure) of 27 November 2001 in respect of grey Portland cement, and offer the
following additional information:
- the provisional measure began to imposed on 10 December 2001, and was to be applied for
200 days;
- under Philippine law, safeguard investigations are bifurcated between the Department of
Trade and Industry and the Tariff Commission, the latter having jurisdiction over
investigations and final determinations.  In March 2002, the Tariff Commission dismissed the
safeguard case on grey Portland cement.  Th e Department of Trade and Industry disagreed
with such decision but, on the basis of an opinion by the Department of Justice, wasconstrained to concur with the Tariff Commission.
- in April 2002, the question of which institution prevails in case of difference in
determinations was brought by the domestic industry to the appropriate Philippine court for
adjudication.  The court allowed, in the meantime, the continued application of the
provisional measure pending its consideration of the case.
- On 5 June 2003, the court decided in favor of the Department of Trade and Industry, which in
turn, on 25 June 2003, decided that a safeguard duty be imposed on imports of grey Portland
cement.
It is in this context that the following notification is being made, pursuant to Article 12.1 (c)
and the footnote to Article 9.1 of the Agreement on Safeguards.
1. Serious injury or threat thereof caused by increased imports
The industry suffered serious injury in terms of significant impairment in its overall market
position, sales volume, production, capacity utilization, profitability and employment.G/SG/N/10/PHL/2
G/SG/N/11/PHL/2
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2. Absolute increase in imports or an increase in imports relative to domestic production
Beginning 1999 and continuously to 2001, grey Portland cement was observed to have been
imported into the Philippines in increased quantities, both in absolute terms and relative to domesticproduction.
3. Description of the product involved
Portland cement, including blended Portland cement that contains pozzolan, slag or other
additives, whether in bulk or bags classified under HS tariff numbers 2523.2900 and 2523.9000.
4. Description of the prescribed definitive safeguard duty
Philippine Pesos 20.60 per 40-kg. bag.
5. Date of introduction of the definitive safeguard duty
(Please refer to no.6 below.)
6. Duration of the definitive safeguards duty
For public interest reasons, the duration of the measure shall be 10 December 2001 up to
10 December 2004, the starting point being the date of imposition of the provisional measure.
The list of developing countries exempt from this measure is herein appended.
A copy of the 25 June 2003 decision by the Department of Trade and Industry has been
submitted to the Secretariat in the event that any delegation wishes to consult it.
1
                                                     
1 Interested delegations are requested to contact Miss S. Aspinall, Office 1028, Tel:  022 739 51 09.G/SG/N/10/PHL/2
G/SG/N/11/PHL/2
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APPENDIX
List of the Developing Countries Exempted from the Definitive
Safeguard Measure on Grey Portland Cement
East & Southern Africa West Africa North Africa South Asia
Angola
Bostwana
Burundi
ComorosCongo. Dem. Rep.DjiboutiEritreaEthiopioa
Kenya
LesothoMadgascarMalawiMauritiusMozambique
Namibia
ReunionRwandaSeychellesSomalia
South Africa
SudanSwazilandTanzaniaUgandaZambia
ZimbabweBenin
Burkina Faso
Cameroon
Cape VerdeCentral African Rep.ChadCongo, Rep.Cote d' Ivoire
Equatorial Guinea
GabonGambia, TheGhanaGuineaGuinea, Bissau
Liberia
MaliMauritaniaNigerNegeria
Sao Tome & Principe
SenegalSierra LeoneTogoAlgeria
Egypt, Arab Rep.
Libya
MoroccoTunisiaAfghanistan
Bangladesh
Bhutan
British Indian Ocean TerritoryEast TimorIndiaMaldivesNepal
Pakistan
Sri LankaG/SG/N/10/PHL/2
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Europe & Central
AsiaMiddle East Americas East Asia & Pacific
Albania
Armenia
AzerbaijanBelarusBosnia & HerzegovinaBulgaria
Croatia
CyprusCzech RepublicEstoniaGeorgiaGreenland
Hungary
KazakhstanKyrgyz RepublicLatviaLithuaniaMacedonia, FYR
Malta
MoldovaPolandRomaniaRussian Federation
Slovakia
SloveniaTajikistanTurkeyTurkmenistanUkraine
Uzbekistan
Yugoslavia, Fed. Rep.Bahrain
Iran, Islamic Rep.
IraqIsraelJordanKuwait
Lebanon
OmanQatarSaudi ArabiaSyrian Arab Rep.United Arab Emirates
West Bank & Gaza
Yemen, Rep.Anguilla
Antigua & Barbuda
ArgentinaArubaBahamasBarbados
Belize
BermudaBoliviaBrazilBritish Virgin Is.Cayman Is.
Chile
ColombiaCosta RicaCubaDominicaDominican Rep.
Ecuador
El SalvadorFalkland Is. (Malvinas)French GuianaGrenada
Guadaloupe
GuatemalaGuyanaHaitiHondurasJamaica
Martinique
MexicoMontserratNetherland AntillesNicaraguaNorfolk Is.
Panama
ParaguayPeruPuerto RicoSt. HelenaSt. Kitts & Navis
St. Lucia
St. Pierre & MiquelonSt. Vincent & the      GrenadinesSuriname
Trinidad & Tobago
Turks & Caicos Is.UruguayUS Virgin Is..VenezuelaAmerican Samoa
Brunei Darussalam
CambodiaChinaChristmas Is.Cocos (Keeling) Is.
Cook Is.
FijiFrench PolynesiaGuamJohnston Is.Kiribati
Korea, Dem. Rep.
Korea, Rep.Lao PDRMacauMalaysiaMarshall Islands
Micronesia, Fed. Sts.
Midway Is.MongoliaMyanmarNauru
New Caledonia
NiueNorthern Marianas Is.PalauPitcairn Is.Papua New Guinea
Samoa
SingaporeSolomon IslandsThailandTokelauTonga
Tuvalu
VanuatuVietnamWake Is.Wallis & Futuna Is.
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