WORLD TRADE  
ORGANIZATION  G/SG/Q2/PHL/12 
21 May 2010 
 (10-2844) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION UNDER ARTICLE 12.1(A) OF THE 
AGREEMENT ON SAFEGUARDS ON INITIATION OF 
AN INVESTIGATION AND THE REASONS FOR IT 
 
Replies to Questions Posed by THAILAND
1 Regarding  
the Notification of the PHILIPPINES2 
 
(Float Glass and Figured Glass ) 
  
 The following communication, dated 19 May 2010, is being circulated at the request of the 
Delegation of the Philippines.  
_______________ 
 
 
Figured Glass
 
 Question 1  
As the domestic industry has been able  to compete with imports under regular 
conditions for almost two years, could the Phili ppines please justify how an extension of the 
measure would be necessary to prevent or remedy serious injury in light of the provisions of Article 7.2 of the Safeguards Agreement?    Reply
 
 
 Philippines Investigating Authorities have dete rmined that the safeguard measure on figured 
glass continues to be necessary to prevent the recurr ence of serious injury.  The extension shall allow 
the industry to fully adjust to import competiti on.  The safeguard duty which was suspended in 
December 2007, remains suspended until such time that another order is issued. 
 
Question 2   If the Philippines extends the measure on Fi gured Glass, how would it comply with the 
requirements set out in Article 7.4 regarding liberalization?   
 Reply
 
 
 The suspension of the measure is considered as progressively liberalizing since once lifted, 
the applicable safeguard duty will be lower compar ed to its level during the initial period of its 
imposition. 
 
                                                      
1 G/SG/Q2/PHL/8. 
2 G/SG/N/6/PHL/4/Suppl.2 - G/SG/N/6/PHL/5/Suppl.2. G/SG/Q2/PHL/12 
Page 2  
 
  Question 3 
 
How does the Philippines envisage further liberalizing a measure which is currently 
suspended, apart from terminating the measure altogether?    Reply
 
 
 The safeguard duty is suspended but in the even t that the suspension is lifted, the applicable 
safeguard duty shall be equal to the amount which the Department of Trade and Industry would have 
applied according to the schedule of annual progressive liberalization, at  a linear rate of reduction of 
5 per cent from the issuance of the last order in November 2006.  The liberalization of the imposed 
safeguard measure would have proceeded as if there was no suspension of the measure.   
 
Question 4  
Will the Philippines' authority be providing – if it has not done so already – an 
opportunity for consultations with WTO Members having a substantial export interest as per 
Article 12.3 of the Safeguards Agreement?  If so, please indicate when.    Reply
 
 
 The Philippine Tariff Commission conducted a preliminary conference on the matter of 
extension of the safeguard measures, and notices we re published on 10 September 2009 in the Manila 
Standard Today and the Manila Times.  Individual no tices were sent to all interested parties.  A notice 
on the conference was also posted in their website.   
 The Tariff Commission also conducted consu ltations on the extension of the safeguard 
measure.  Notices for these consultations were published on 10 October 2009, including individual 
notices to interested parties, as well as posting the information on the website.  The consultations were 
conducted from 19-23 October 2009.  
 Further, on 13 January 2010, the DTI also sen t a letter to the ASEAN Secretariat regarding 
the extension of the measures, requesting their assi stance to facilitate the required notification and 
consultation with other ASEAN countries.  
Float Glass
 
 Question 1  
Could the Philippines please clarify how an extension of the measure would be necessary 
to prevent or remedy serious in jury in accordance with the provisions of Article 7.2 of the 
Safeguards Agreement?    Reply
 
 
 Philippine Investigating Authorities have determ ined that the safeguard measure on clear and 
tinted float glass continues to be necessary to preven t the recurrence of serious injury to the domestic 
industry.  Despite the imposition of safeguard measu res, our investigating authorities have found that 
imports still come in at very low prices, and a lthough the domestic industry showed improvements in 
production, sales, market share, and productivity, they still incurred losses, which indicate a serious 
impairment in their financial condition. 
  G/SG/Q2/PHL/12 
 Page 3 
 
 
  Question 2 
 
In addition, will the Philippines' authority be providing – if it has not done so already – 
an opportunity for consultations with WTO Memb ers having a substantial export interest as 
per Article 12.3 of the Safeguards Agreement?  If  so, please indicate when such consultations 
will take place.    Reply
 
 
 The Philippine Tariff Commission conducted a preliminary conference on the matter of 
extension of the safeguard measures, and notices we re published on 10 September 2009 in the Manila 
Standard Today and the Manila Times.  Individual no tices were sent to all interested parties.  A notice 
on the conference was also posted in their website.   
 The Tariff Commission also conducted consu ltations on the extension of the safeguard 
measure.  Notices for these consultations were published on 10 October 2009, including individual 
notices to interested parties, as well as posting the information on the website.  The consultations were 
conducted from 19-23 October 2009.  
 Further, on 13 January 2010, the DTI also sen t a letter to the ASEAN Secretariat regarding 
the extension of the measures, requesting their assi stance to facilitate the required notification and 
consultation with other ASEAN countries.    
__________