WORLD TRADE  
ORGANIZATION  G/SG/N/14/PHL/5 
26 February 2010 
 (10-1104) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION UNDER ARTICLE 12.1(C) OF THE  
AGREEMENT ON SAFEGUARDS 
(EXTENSION OF THE EXISTING MEASURE) 
 
PHILIPPINES 
 
(Figured Glass
) 
   The following communication, dated 24 February 2010, is being circulation at the request of 
the Delegation of the Philippines.   
 
_______________ 
 
  Further to G/SG/N/6/PHL/4/Suppl.2 dated 29 September 2009, the Philippines notifies that, 
on 13 January 2010, the Department of Trade and I ndustry ordered for the extension of the definitive 
general safeguard measures for fours (4) years for figured glass.  The safeguard duty on figured glass remains suspended until such time another Order is issued.    G/SG/N/14/PHL/5 
Page 2  
 
  IN THE MATTER OF THE FINAL EXTENSI ON OF THE DEFINITIVE GENERAL 
SAFEGUARD MEASURE AGAINST THE IMPORTATION OF FIGURED GLASS FROM 
VARIOUS COUNTRIES (HS Code No. 7003.1290  or AHTN Nos. 7003.1220 & 7003.1290 and 
HS Code No. 7003.1990 or AHTN No. 7003.1990) 
 
(Safeguard Investigation No. 01-2006) 
 
AGC Flat Glass Philippines, Inc. (AGPH)  
(formerly Asahi Glass Philippines) 
Petitioner 
 
 
ORDER  
 
 On 10 December 2007, DTI issued an Order suspending the imposition of the definitive 
general safeguard measure on figured glass due to AGPH's decision to temporarily stop production of 
regular commodity figured glass for the domestic mark et and shift to the production of Ultra Clear 
Figured Glass (for solar glass panels) for exports to ta ke advantage of the big demand for solar cells in 
the international market.  The suspension shall take effect for the duration of the extension period of 
the safeguard measure unless AGPH can show that it has resumed normal operations, whichever comes earlier.   
 
 On 17 August 2009, DTI received a letter from AGPH requesting for a maximum extension allowed by law for the safeguard measure against imported figured glass.  According to AGPH, they 
need the additional period in order to continue  and complete the positive adjustment to import 
competition that the domestic industry has undertaken.   
 
 On 19 August 2009, DTI referred to the Tariff Commission the said request of AGPH for the extension of the measure for their appropriate action.     On 23 November 2009, the Department of Tr ade and Industry (DTI) received the Tariff 
Commission's Formal Investigation Report on the petition of AGPH for the maximum extension of 
the safeguard measure against imports of figured glass.   
  The Commission concluded that the safeguard  measure on figured glass continues to be 
necessary to prevent the recurrence of serious inju ry and that there is evidence that the domestic 
industry is making adjustments to import competition.  The Commission recommended the following:   
 
1) Imposition of the safeguard measure be exte nded for another three (3) years to be 
progressively liberalized each year at a linear rate of reduction of five (5%) per cent or limited to the extent of redressing or preventing the injury and to facilitate adjustment by the 
domestic industry from the adverse effects directly attributed to the increased imports.  The extension shall allow the industry to fully adjust to import competition.   
 
2) The Commission recommended further the conduct of a monitoring review after the 
first quarter of 2010 to determine if AGPH ha s complied with its commitment to resume 
production failing which, the termination of the safeguard measure should be considered.   
 
3) The suspension of the imposition of the safegua rd measure as contained in the DTI Order 
dated 10 December 2007 shall stay until lifted by another Order of the Secretary and.   
 
4) The applicable safeguard duty upon the lifting of  the suspension shall be equal to the amount 
which DTI would have applied according to th e schedule of progressive liberalization each  G/SG/N/14/PHL/5 
 Page 3 
 
 
  year at a linear rate of reduction of 5 per cent from the issuance of the last DTI Order dated 
6 November 2006 liberalizing the imposed safegua rd measure as if there was no suspension 
in the imposition of the measure.   
  Accordingly, the DTI has reviewed the Commission's findings and recommendations and has 
established that the extension of the measure should be in the public interest.   
  IN VIEW THEREOF  and in accordance with Section 19 (2) of RA 8800, the following is 
hereby issued:    
1. Considering that Section 15, paragraph 2 of RA 8800 and Rule 15.2 of its IRR provide that 
the effective period of the measure, including an y extension thereof may not in the aggregate 
exceed ten (10) years, the imposition of the de finitive general safeguard measure shall be 
extended for another four (4) years.  Therefore, this is the final extension of this measure.  
Moreover, as provided under Section 15 (4) of RA  8800 and Rule 15.8 of its IRR, any further 
petition for safeguard measure for the same article s shall not be accepted within two (2) years 
after the expiration of this measure.   
 
2. The imposition of the measure shall be susp ended until the Secretary issues another Order 
either lifting the suspension or terminati ng the measure based on the results of the 
Commission's monitoring review to be conducted after the first quarter of 2010 to determine 
whether AGPH has complied  with its commitment to resume production.   
 
3. In case the suspension is lifted, the app licable safeguard duty upon the lifting of the 
suspension shall be equal to the amount wh ich DTI would have applied according to the 
schedule of progressive liberalization each year at a linear rate of reduction of 5 per cent from 
the issuance of the last DTI Order dated 6 November 2006 liberalizing the imposed safeguard 
measure as if there was no suspension in the imposition of the measure.   
  The notification and consultation requirem ents of Article 12 of the WTO Safeguards 
Agreement and Section 17 of RA 8800 and its IRR sh all be complied with.  Imports originating from 
ASEAN Member countries shall be governed by the provisions of Articles 6 and 8 of the Agreement 
on the CEPT Scheme.   
  Let this Order be published in two (2) newspa pers of general circul ation and let individual 
notices be sent to all interested parties including the country members concerned.    
 This Order shall take effect 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. 
 
 13 January 2010   
 PETER B. FAVILA 
 Secretary 
  
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