WORLD TRADE  
ORGANIZATION  G/SG/N/8/PHL/5/Suppl.2 
G/SG/N/10/PHL/3/Suppl.1 
G/SG/N/11/PHL/5/Suppl.2 
11 September 2006 
 (06-4315) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION UNDER ARTICLE 12.1(b) OF THE  
AGREEMENT ON SAFEGUARDS ON FINDING 
A SERIOUS INJURY OR THREAT THEREOF  
CAUSED BY INCREASED IMPORTS 
 
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 
 
Supplement
 
 
(Float Glass ) 
 
  The following notification, dated 6 September 2006,  is being circulated at the request of the 
Delegation of the Philippines.  
_______________ 
 
  With reference to documents G/SG/N/8 /PHL/5/Suppl.1, G/SG/N/10/PHL/3, and 
G/SG/N/11/PHL/5/Suppl.1, dated 26 May 2004, c oncerning the safeguard measure on float glass 
products, the delegation of the Philippines notifies that the list of developing countries exempt from 
the safeguard measure that originally accompanied the notification should be replaced by the list as enclosed. G/SG/N/8/PHL/5/Suppl.2 
G/SG/N/10/PHL/3/Suppl.1 G/SG/N/11/PHL/5/Suppl.2 
Page 2 
  
  IN THE MATTER OF THE IMPOSITION OF THE DEFINITIVE 
GENERAL SAFEGUARD MEASURE AGAINST THE IMPORTATION 
OF CLEAR FLOAT GLASS FROM VARIOUS COUNTRIES 
 
(AHTN Nos. 7005.2920 and 7005.2990) 
(Safeguard Measure Investigation No. 02-2003)  
 
ASAHI GLASS PHILIPPI NES, INC. (AGP) 
Protestant 
 
---------------------------------------------- 
 
ORDER 
 
 On 7 June 2004, the Bureau of Customs issued CMO No. 16-2004 implementing the imposition of definitive general safe guard measure on importation of glass products covered by three 
(3) Department of Trade and Industry (DTI) Orders of 14 April 2004.   
  As provided under Section 13 par. 4 of RA 8800 (Safeguard Measures Act) and Rule 13.1.d) 
of its Implementing Rules and Regulations, “a general safeguard measure shall not be applied to a 
product originating from a developing country if its share to total Philippine imports of the said 
product is less than three per cent (3%):  Provide d, however, that developing countries with less 
than three per cent (3%) share co llectively account for not more th an nine per cent (9%) of the 
total Philippine imports of the product concerned”.    
 The Formal Investigation Report of the Tariff Commission on Float Glass Industry:  
Safeguard Action Against Imports (SG Investiga tion No. 02-2003) dated March 2004 which was the 
basis for the DTI Orders states that “The DTI S ecretary shall draw up a list of the developing 
countries exempt from the definitive safeguard meas ure on float glass for 2004.  He shall conduct an 
annual review of the imports of float glass from developing countries and draw up the appropriate 
exemption lists for 2005 and 2006.”  Thus, the said DTI Orders provided a list of countries exempted 
from the imposition of the definitive general safeguard measure based on import statistics for 2003.  
The said Orders also stated that the DTI shall c onduct an annual review on the volume of Philippine 
imports of glass products covered by the measure and draw up the appropriate exemption lists for 
2005 and 2006. It is likewise provided in the said Orde rs that, in the event that imports originating 
from developing countries which were found to be de minimis or below the three percent (3%) 
threshold individually reach the 3% threshold or co llectively account for more than nine percent (9%) 
of total Philippine imports, the defi nitive general safeguard measure sh all be applied on such imports.  
Among the developing countries included in the origin al list of countries exempted from the definitive 
safeguard measure on clear float glass are India and Malaysia.     Pursuant to this, the DTI analyzed the volume of imports of clear float glass from various countries for the January to June 2006 period (the pe riod on which official trade statistics i.e. Import 
Entry Declarations from the Philippine Bureau of Customs, are available).  Our review indicated that 
importation of clear float glass from India and Ma laysia already accounted for 19.47% and 12.56%, 
respectively, of the total Philippine imports of said product for the January to June 2006 period.   All interested parties i.e. importers, e xporters, representatives of concerned exporting 
countries were notified of the said DTI review on 14 July 2006 and were furn ished data on Philippine 
imports of clear float glass for the January – Ma y 2006 period. They were requested to submit their  G/SG/N/8/PHL/5/Suppl.2 
 G/SG/N/10/PHL/3/Suppl.1  G/SG/N/11/PHL/5/Suppl.2 
 Page 3 
  
  positions on or before 11 August 2006.  On 2 A ugust 2006, updated import statistics for January-
June 2006 were likewise provided to the concerned parties.  
 WHEREFORE AND IN VIEW THEREOF , in accordance with Section 13 of RA 8800, 
the DTI hereby amends its Decision of 14 Ap ril 2004 (as amended by the DTI Order of 
20 February 2006) specifically on the list of countries exempted from the imposition of the said definitive general safeguard measure  on clear float glass as follows: 
 
East & Southern 
Africa West Africa North Africa South Asia 
Angola 
Bostwana Burundi 
Comoros 
Congo. Dem. Rep. Djibouti 
Eritrea 
Ethiopioa Kenya 
Lesotho 
Madgascar Malawi 
Mauritius 
Mozambique 
Namibia 
Reunion Rwanda 
Seychelles 
Somalia South Africa 
Sudan 
Swaziland 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 
Negeria Sao Tome & Principe 
Senegal 
Sierra Leone Togo Algeria 
Egypt, Arab Rep. Libya 
Morocco 
Tunisia Afghanistan 
Bangladesh Bhutan 
British Indian Ocean Territory 
East Timor Maldives 
Nepal 
Sri Lanka G/SG/N/8/PHL/5/Suppl.2 
G/SG/N/10/PHL/3/Suppl.1 G/SG/N/11/PHL/5/Suppl.2 
Page 4 
  
   
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 
Yugoslavia, 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 Is. 
Cayman Is. 
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 Is. 
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 Is.. 
Venezuela American Samoa 
Brunei Darussalam 
Cambodia Christmas Is. 
Cocos (Keeling) Is. 
Cook Is. Fiji 
French Polynesia 
Guam Hongkong 
Johnston Is. 
Kiribati 
Korea, Dem. Rep. 
Lao PDR Macau 
Marshall Islands 
Micronesia, Fed. Sts. Midway Is. 
Mongolia 
Myanmar Nauru 
New Caledonia 
Niue Northern Marianas Is. 
Palau 
Pitcairn Is. Papua New Guinea 
Samoa 
Solomon Islands Tokelau 
Tonga 
Tuvalu 
Vanuatu 
Wake Is. Wallis & Futuna Is. 
  G/SG/N/8/PHL/5/Suppl.2 
 G/SG/N/10/PHL/3/Suppl.1  G/SG/N/11/PHL/5/Suppl.2 
 Page 5 
  
   
 This Order shall take affect upon the issu ance of the relevant Memorandum Order by the 
Bureau of Customs or 15 days after the publication of this Order in two (2) newspapers of general 
circulation, whichever comes earlier. 
  SO ORDERED.  
 
30 August 2006   
PETER B. FAVILA 
Secretary  
__________