G/SG/N/7/PHL/11  
G/SG/N/8/PHL/12  
G/SG/N/11/PHL/13  
 
2 August 2019  
(19-5057) Page: 1/7 
Committee on Safeguards  Original: English  
 
NOTIFICATION UNDER A RTICLE 12.4 OF THE A GREEMENT  
ON SAFEGUARDS BEFORE  TAKING A PROVISIONA L 
SAFEGUARD MEASURE RE FERRED TO IN ARTICLE  6 
 
NOTIFICATION UNDER A RTICLE 12.1(B) OF TH E AGREEMENT ON  
SAFEGUARDS ON FINDIN G A SERIOUS INJURY O R THREAT  
THEREOF CAUSED BY IN CREASED IMPORTS  
 
NOTIFICATION PURSUAN T TO ARTICLE 9, FOOT NOTE 2  
OF THE AGREEMENT ON SAFEGUARDS  
PHILIPPINES  
(Float Glass)  
The following communication, dated 1 August  2019, is being circul ated at the request of the 
delegation of the Philippines.1 
 
_______________  
 
 
Further to G/SG/N/6/PHL/13 dated 13 March  2019 and pursuant to Article  12 and Article  9 of the 
WTO Agreement on Safeguards, the Permanent Mission of the Philippines to the WTO he reby notifies 
the Committee on Safeguards of its preliminary determination findings on the investigation on the 
importation of clear and tinted float glass from various countries, and before taking a provisional 
safeguard measure under Article 6 of the Saf eguards Agreement.  
 
1  PROVIDE THE PRECISE DESCRIPTION OF THE P RODUCTS INVOLVED  
Clear and tinted float glass classified under AHTN Codes 7005.29.90 (clear float glass), 7005.21.90 
(tinted float glass), including 7005.10.90 (reflective glass).  
 
2  SPECIFY THE PRO POSED PROVISIONAL SA FEGUARD MEASURE  
The provisional safeguard measure will take the form of a cash bond amounting to PhP  2,552/MT 
for clear float glass under AHTN Code 7005.29.90 and PhP 2,835/MT for tinted float glass under 
AHTN Code 7005.21.90, including reflective glass under AHTN Code 7005.10.90, for a period of 
200 days from the date of issuance by the Bureau of Customs (BOC) of the relevant Customs 
Memorandum Order (CMO) or fifteen (15) days after the publication of the DTI Order in two (2) 
newspapers of general circulation, whichever comes earlier. The Order was signed by the Secretary 
of the DTI on 22 July  2019.  
 
Imports originating from developing countries listed in Annexes  A and B shall not be subject to the 
provisional safegu ard measure.  
 
                                                
1 A copy of the DTI Administrative Order has been submitted electronically. To consult this document 
please contact Ms. Richards ( anne.richards@wto.org ) or Ms. Naville ( delphine.naville@wto.org ) of the Rules 
Division.  G/SG/N/7/PHL/11 • G/SG/N/8/PHL/12 • G/SG/N/11/PHL/13  
 
- 2 - 
 
  3  SPECIFY THE PROPOSED  DATE OF INTRODUCTIO N OF THE PROVISIONAL  SAFEGUARD 
MEASURE  
The provisional safeguard measure is scheduled to enter into force upon issuance by the Bureau of 
Customs (BOC) of the relevant Customs Memorandum Order (CMO) or fifteen (15) days after the 
publication of the DTI Order in two (2) newspapers of general circulation, whichever comes earlier. 
The Order signed by the Secretary of the DTI was published in two newspapers of general circulation 
on 31 July 2019.  
 
4  EXPECTED D URATION OF THE PROVI SIONAL SAFEGUARD MEA SURE, IF ANY DECISIO N 
ON THE DURATION OF T HE SAFEGUARD MEASURE  HAS BEEN MADE  
The provisional safeguard measure will be in force for two hundred (200) days.  
 
5  PROVIDE THE BASIS FO R: 
(a) Making a preliminary determinati on, as provided for in Article  6, that increased 
imports have caused or are threatening to cause serious injury  
 
A review of the evidence made available to DTI shows:  
 
1) That the volume  of imports of : 
 
Clear float glass  
• In absolute terms, increased during th e period of investigation  except in 2017. In 
2017, imports of clear float declined by 24% over the 2016 level.  
• In 2018, imports increased by 65% over the 2017 level. In 2019 (Jan. to Apr.), 
imports is 48% of 2018 level. Annualized 2019 imports recorded a 4 4% increase 
over 2018 level.  
Tinted float and reflective glass  
• In absolute terms, increased from 2013 to 2015, declined by 9% and 11% in 2016 
and 2017, respectively.  
• In 2018, imports increased by 49% over the 2017 level. In 2019 (Jan. to Apr.), 
imports were 74% of 2018 level. Annualized 2019 imports recorded a 121% 
increase over 2018 level.  
 
2) That the increased imports caused serious injury to the domestic industry as follows:  
 
Clear float glass  
• Imports of clear float glass relative to domestic pr oduction significantly increased 
during the period of investigation.  
• The share of imports of clear float glass to domestic production showed an increasing 
trend from 2013 to 2016 . In 2017, the share of imports relative to domestic 
production declined which  can be attributed to the imposition of an anti -dumping 
measure on the importation of clear float glass.  
• In 2018, despite the anti -dumping measure, it was observed that imports relative 
to domestic production increased by 105% from 2017 share.  
Tinted flo at glass  
• The share of imports of tinted float glass and reflective glass to Philippine market 
increased significantly from 2013 to 2015. It declined in 2016 and further in 2017 
when the anti -dumping measure was imposed on bronze float glass from PROC.  
• In 2018, the share of imports to domestic production increase d by 13% from 2017 
share.  
 
3) That increased imports were the substantial cause of serious injury to the domestic industry 
which was caused by increased imports based o n the following:  
 
Clear float gl ass 
• A significant increase in the volume of imported clear float glass in 2014 (649%), 2015 
(52%) and 2016 (15%), declined in 2017 (24%) but still higher by 894% than the pre -
surge level (2013). In 2018, clear float glass increased by 65% over 2017 level.  G/SG/N/7/PHL/11 • G/SG/N/8/PHL/12 • G/SG/N/11/PHL/13  
 
- 3 - 
 
  • Market share of the domestic product decreased during the period of investigation  from 
2013 to 2017 and dropped in 2018, as the share of imports in the domestic market 
significantly increased.  
• The industry incurred losses from 2013 to 2017, recovered by 2018 with a return on 
sales of less than 1%.  
• Inventory increased from 2013 to 2017 but despite the decline in volume in 2018, 
inventory value increased by 10%.  
Tinted float glass  
• There was a sig nificant increase in the volume of imported tinted and reflective float 
glass in 2014 (301%) and 2015 (119%), dropped in 2016 (9%) and in 2017 (11%), still 
higher compared to the 2013 level recorded at 614%, but increased by 49% in 2018.  
• Market share of t he domestic product decreased during the period of investigation  from 
2013 to 2017 and dropped in 2018, as the share of imports significantly increased.   
• The industry incurred losses in 2015 and 2016 but recovered in 2017 and 2018.  
• Inventory increased fr om 2013 to 2018  
 
(b) Determining that there are critical circumstances where delay would cause damage 
which it would be difficult to repair  
 
There are also other factors that contributed to the existence of critical circumstances, such as zero 
tariff rates  for imported clear and tinted float glass including reflective glass and ten percent (10%) 
MFN, which is lower than the 15% ACFTA  which allowed exporters to easily penetrate the market. 
Further, the imp osition  of trade remedy measures in other countries has resulted to export diversion 
to the Philippines which caused surge in imports of clear and tinted float glass as well as reflective 
glass in the local market.  
 
6  OFFER OF CONSULTATIO NS 
The Government of the Philippines offers consultations on the provisio nal safeguard measures.  
  G/SG/N/7/PHL/11 • G/SG/N/8/PHL/12 • G/SG/N/11/PHL/13  
 
- 4 - 
 
  ANNEX A  
LIST OF DEVELOPING C OUNTRIES AND SEPARAT E CUSTOMS TER RITORIES  
EXCLUDED FROM THE IM POSITION OF THE PROV ISIONAL SAFEGUARD ME ASURE  
ON THE IMPORTATION O F CLEAR FLOAT GLASS  
 
East & Southern 
Africa  West Africa  North Africa  South Asia  
Angola  
Botswana  
Burundi  
Comoros  
Congo Dem. Rep. 
Djibouti  
Eritrea  
Eswatini  
Ethiopia  
Kenya  
Lesotho  
Madagascar  
Malawi  
Mauritius  
Mozambique  
Namibia  
Reunion  
Rwanda  
Seychelles  
Somalia  
South Africa  
Sudan  
Tanzania  
Uganda  
Zambia  
Zimbabwe  Benin  
Burkina Faso  
Cameroon  
Cape Verde  
Central African Rep.  
Chad 
Congo, Rep.  
Cote d'Ivoire  
Equatorial Guinea  
Gabon  
Gambia, The  
Ghana  
Guinea  
Guinea, Bissau  
Liberia  
Mali 
Mauritania  
Niger  
Nigeria  
Sao Tome & Principe  
Senegal  
Sierra Leone  
Togo Algeria  
Egypt, Arab Rep. 
Libya 
Morocco  
Tunisia  Afghanistan  
Bangladesh  
Bhutan  
British Indian Ocean  
 Territory  
East Timor  
India 
Maldives  
Nepal  
Pakistan  
Sri Lanka  
 
  G/SG/N/7/PHL/11 • G/SG/N/8/PHL/12 • G/SG/N/11/PHL/13  
 
- 5 - 
 
  Europe & Central Asia  Middle East  Americas  East Asia & Pacific  
Albania  
Armenia  
Azerbaijan  
Belarus  
Bosnia &  
 Herzegovina  
Bulgaria  
Croatia  
Cyprus  
Czech Republic  
Estonia  
Georgia  
Greenland  
Hungary  
Kazakhstan  
Kyrgyz Republic  
Latvia  
Lithuania  
Macedonia, FYR  
Malta  
Moldova  
Poland  
Romania  
Russian Federation  
Slovakia  
Slovenia  
Tajikistan  
Turkey  
Turkmenistan  
Ukraine  
Uzbeki stan 
Yuguslavia, Fed. Rep.  Bahrain  
Iran, Islamic Rep.  
Iraq 
Israel  
Jordan  
Kuwait  
Lebanon  
Oman  
Qatar  
Saudi Arabia  
Syrian Arab Rep.  
United Arab Emirates  
West Bank & Gaza  
Yemen, Rep.  Anguilla  
Antigua & Barbuda  
Argentina  
Aruba  
Bahamas  
Barbados  
Belize  
Bermuda  
Bolivia  
Brazil  
British Virgin Islands  
Cayman Islands  
Chile 
Colombia  
Costa Rica  
Cuba 
Dominica  
Dominican Rep.  
Ecuador  
El Salvador  
Falkland Is. (Malvinas)  
French Guiana  
Grenada  
Guadaloupe  
Guatemala  
Guyana  
Haiti 
Honduras  
Jamaica  
Martinique  
Mexico  
Montserrat  
Netherland Antilles  
Nicaragua  
Norfolk Islands  
Panama  
Paraguay  
Peru 
Puerto Rico  
St. Helena  
St. Kitts & Navis  
St. Lucia  
St. Pierre & Miquelon  
St. Vincent & the  
 Grenadines  
Suriname  
Trinidad & Tobago  
Turks & Caicos Is.  
Uruguay  
US Virgin Islands  
Venezuela  American Samoa  
Brunei Darussalam  
Cambodia  
Christmas Is.  
Chinese Taipei  
Cocos (Keeling) Is.  
Cook Is.  
Fiji 
French Polynesia  
Guam  
Hong Kong, China  
Johnston Is.  
Kiribati  
Korea, Dem. Rep.  
Korea, Rep.  
Lao, PDR  
Macau, China  
Marshall Islands  
Micronesia, Fed. Sts.  
Midway Is.  
Mongolia  
Myanmar  
Nauru  
New Caledonia  
Niue 
Northern Marianas Is.  
Palau  
Papua New Guinea  
Pitcaim Is.  
Samoa  
Singapore  
Solomon Islands  
Tokelau  
Tonga  
Tuvalu  
Vanuatu  
Viet Nam  
Wake Is.  
Wallis & Futuna Is.  
 
  G/SG/N/7/PHL/11 • G/SG/N/8/PHL/12 • G/SG/N/11/PHL/13  
 
- 6 - 
 
  ANNEX B  
LIST OF DEVELOPING C OUNTRIES AND SEPARAT E CUSTOMS TER RITORIES  
EXCLUDED FROM THE IM POSITION OF THE PROV ISIONAL SAFEGUARD ME ASURE  
ON THE IMPORTATION O F TINTED FLOAT GLASS  INCLUDING REFLECTIV E GLASS  
East & Southern 
Africa  West Africa  North Africa  South Asia  
Angola  
Botswana  
Burundi  
Comoros  
Congo Dem. Rep. 
Djibouti  
Eritrea  
Eswatini  
Ethiopia  
Kenya  
Lesotho  
Madagascar  
Malawi  
Mauritius  
Mozambique  
Namibia  
Reunion  
Rwanda  
Seychelles  
Somalia  
South Africa  
Sudan  
Tanzania  
Uganda  
Zambia  
Zimbabwe  Benin  
Burkina Faso  
Cameroon  
Cape Verde  
Central African Rep.  
Chad 
Congo, Rep.  
Cote d'Ivoire  
Equatorial Guinea  
Gabon  
Gambia, The  
Ghana  
Guinea  
Guinea, Bissau  
Liberia  
Mali 
Mauritania  
Niger  
Nigeria  
Sao Tome & Principe  
Senegal  
Sierra Leone  
Togo Algeria  
Egypt, Arab Rep.  
Libya 
Morocco  
Tunisia  Afghanistan  
Bangladesh  
Bhutan  
British Indian Ocean  
 Territory  
East Timor  
India 
Maldives  
Nepal  
Pakistan  
Sri Lanka  
 
  G/SG/N/7/PHL/11 • G/SG/N/8/PHL/12 • G/SG/N/11/PHL/13  
 
- 7 - 
 
  Europe & Central Asia  Middle East  Americas  East Asia & Pacific  
Albania  
Armenia  
Azerbaijan  
Belarus  
Bosnia &  
 Herzegovina  
Bulgaria  
Croatia  
Cyprus  
Czech Republic  
Estonia  
Georgia  
Greenland  
Hungary  
Kazakhstan  
Kyrgyz Republic  
Latvia  
Lithuania  
Macedonia, FYR  
Malta  
Moldova  
Poland  
Romania  
Russian Federation  
Slovakia  
Slovenia  
Tajikistan  
Turkey  
Turkmenistan  
Ukraine  
Uzbekistan  
Yuguslavia, Fed. Rep.  Bahrain  
Iran, Islamic Rep.  
Iraq 
Israel  
Jordan  
Kuwait  
Lebanon  
Oman  
Qatar  
Saudi Arabia  
Syrian Arab Rep.  
United Arab Emirates  
West Bank & Gaza  
Yemen, Rep.  Anguilla  
Antigua & Barbuda  
Argentina  
Aruba  
Bahamas  
Barbados  
Belize  
Bermuda  
Bolivia  
Brazil  
British Virgin Islands  
Cayman Islands  
Chile 
Colombia  
Costa Rica  
Cuba 
Dominica  
Dominican Rep.  
Ecuador  
El Salvador  
Falkland Is. (Malvinas)  
French Guiana  
Grenada  
Guadaloupe  
Guatemala  
Guyana  
Haiti 
Honduras  
Jamaica  
Martinique  
Mexico  
Montserrat  
Netherland Antilles  
Nicaragua  
Norfolk Islands  
Panama  
Paraguay  
Peru 
Puerto Rico  
St. Helena  
St. Kitts & Navis  
St. Lucia  
St. Pierre & Miquelon  
St. Vincent & the  
 Grenadines  
Suriname  
Trinidad & Tobago  
Turks & Caicos Is.  
Uruguay  
US Virgin Islands  
Venezuela  American Samoa  
Brunei Darussalam  
Cambodia  
Christmas Is.  
Chinese Taipei  
Cocos (Keeling) Is.  
Cook Is.  
Fiji 
French Polynesia  
Guam  
Hong Kong, China  
Johnston Is.  
Kiribati  
Korea, Dem. Rep.  
Korea, Rep.  
Lao, PDR  
Macau, China  
Marshall Islands  
Micronesia, Fed. Sts.  
Midway Is.  
Mongolia  
Myanmar  
Nauru  
New Caledonia  
Niue 
Northern Marianas Is.  
Palau  
Papua New Guinea  
Pitcaim Is.  
Samoa  
Singapore  
Solomon Islands  
Tokelau  
Tonga  
Tuvalu  
Vanuatu  
Viet Nam  
Wake Is.  
Wallis & Futuna Is.  
 
__________