FORMAL INVESTIGATION ON THE PETITION FOR FINAL EXTENSION OF SAFEGUARD

PRELIMINARY CONFERENCE
20 OCTOBER 2014, 9:00 A.M.
FORMAL INVESTIGATION
ON THE PETITION
FOR FINAL EXTENSION OF SAFEGUARD
MEASURES AGAINST IMPORTS OF
STEEL ANGLE BARS FROM
VARIOUS COUNTRIES
(SG Investigation No. 01-2014)
PRELIMINARY CONFERENCE
20 OCTOBER 2014, 9:00 A.M.
THE INSTANT PETITION
Petitioner
• Steel Angles, Shapes and Sections Manufacturers Association of the
Philippines (SASSMAPI), represented by Cathay Metal Corporation;
Century Steel Mills, Inc.; Lunar Steel Corporation; and Maxima Steel Mills,
Inc.
Nature of Petition
• Pursuant to Section 19 of R.A. 8800, petitioner is requesting extension of
the period for safeguard measure. Extension of the safeguard measure is
necessary to prevent and/or remedy the serious injury caused by
imported steel angle bars to the domestic steel angle bar industry and
there is evidence that the domestic industry is making positive
adjustments to imports.
Subject Article
• Steel angle bars (AHTN 2012 Codes 7216.21.00 and 7216.50.10)
PRELIMINARY CONFERENCE
20 OCTOBER 2014, 9:00 A.M.
ORIGINAL PETITION
Acceptance by the DTI Secretary of properly
documented petition filed by the domestic
steel angle bar industry (represented by Cathay
06 August 2008 Metal Corporation, Dragon Asia Rolling Mills,
Inc., and Lunar Steel Corporation) for
imposition of general safeguard measures on
imported steel angle bars pursuant to RA 8800
Based on BIS’ positive preliminary findings, the
12 January DTI Secretary issued a Department Order
2009
imposing a provisional safeguard measure.
19 February The DTI Secretary endorsed the petition to TC
2009
for formal investigation.
PRELIMINARY CONFERENCE
20 OCTOBER 2014, 9:00 A.M.
ORIGINAL PETITION
TC submitted its report of findings and
29 June 2009
recommendations to the DTI Secretary.
Issuance by the DTI Secretary of Department
27 July 2009
Orders on the general safeguard measure to be
19 April 2010
imposed on imports of steel angle bars for a
13 December period of 3 years which commenced on 10
2011
March 2009
PRELIMINARY CONFERENCE
20 OCTOBER 2014, 9:00 A.M.
PETITION FOR EXTENSION 28 February 2011
29 June 2011
Pursuant to Section 19 of R.A. 8800, the
domestic steel angle bar industry submitted a
petition to the DTI Secretary for extension of
the safeguard measure.
Three other members of SASSMAPI (namely
21st Century Mill, Inc., Legacy Steel
Corporation, and Maxima Steel Mills
Corporation) joined the petition for extension.
The petition for extension was endorsed to TC
by the DTI Secretary for formal investigation .
PRELIMINARY CONFERENCE
20 OCTOBER 2014, 9:00 A.M.
PETITION FOR EXTENSION 04 November TC submitted its report of findings and
2011
recommendation to the DTI Secretary.
The DTI Secretary issued a Department Order
for the imposition of general safeguard
measure on imports of steel angle bars for
27 March 2012 another 3 years.
Unless extended by the DTI Secretary, the
definitive measure will terminate on 15 March
2015.
PRELIMINARY CONFERENCE
20 OCTOBER 2014, 9:00 A.M.
MONITORING OF INDUSTRY’S ADJUSTMENT PLAN
Pursuant to Sec. 16 of R.A. 8800, TC submitted
Monitoring Reports to the DTI Secretary on 24 May
2011 and 04 February 2014.
PRELIMINARY CONFERENCE
20 OCTOBER 2014, 9:00 A.M.
PERIOD OF SAFEGUARD MEASURE
Pursuant to Articles 7 (Duration and Review of
Safeguard Measures) and 9 (Developing Country
Members) of the WTO Agreement on Safeguards:
‐ a Member shall apply safeguard measures only for
such period of time as may be necessary to prevent or
remedy serious injury and to facilitate adjustment
‐ a developing country Member can apply a safeguard
measure for up to 10 years
PRELIMINARY CONFERENCE
20 OCTOBER 2014, 9:00 A.M.
NOTICE OF FORMAL INVESTIGATION
 Notice of Formal Investigation was published in two
newspapers of general circulation, The Manila Times and
Manila Standard Today, on 11 October 2014.
PRELIMINARY CONFERENCE
20 OCTOBER 2014, 9:00 A.M.
MATTERS FOR DISCUSSION (1)  The schedule and procedures of the public consultation;
 The nature of the administrative and fact‐finding proceedings;
 The non‐applicability of the technical rules of procedures provided
by the rules of court;
 The non‐availability of confidential information/treatment of
confidential information;
 The procedure and timeframe of the investigation;
 The submission of parties’ evidence; position papers; adjustment
plan of the domestic industry; comments and additional
information required by TC; and
 Other related matters necessary for the speedy disposition of the
instant case, including the appearance of counsels and their
alternates.
PRELIMINARY CONFERENCE
20 OCTOBER 2014, 9:00 A.M.
MATTERS FOR DISCUSSION (2)  Commission Order 00‐02
RULES AND REGULATIONS TO GOVERN CONDUCT
OF INVESTIGATION BY THE TARIFF COMMISSION PURSUANT
TO REPUBLIC ACT 8800 "AN ACT PROTECTING LOCAL
INDUSTRIES BY PROVIDING SAFEGUARD MEASURES TO BE
UNDERTAKEN IN RESPONSE TO INCREASED IMPORTS AND
PROVIDING PENALTIES FOR VIOLATION THEREOF".
 http://www.tariffcommission.gov.ph/comorder.html
PRELIMINARY CONFERENCE
20 OCTOBER 2014, 9:00 A.M.
TIMELINE OF TC INVESTIGATION NO.
ACTIVITIES
1
Receipt by TC of Request for Extension from the DTI Secretary
Issuance and Publication of Notice of Formal Investigation and Preliminary Conference
Preliminary Conference
Submission of Position Paper/s and Completed
Questionnaire/s by Petitioners Issuance of TC Order on Agreements Reached at Preliminary Conference
TC Data Verification / Site Inspection
• Submission of Adjustment Plan
• Submission of Position Paper/s, Additional
Information , Documentary Evidences
2
3
4
5
6
7
DATE
22 September 2014 10‐13 October 2014
20 October 2014
20 October 2014
23 October 2014
Starts 23 October 2014
Until 31 October 2014
Submissions ‐ hard copies (8) and soft copy in CD (MS Word or Excel file format)
PRELIMINARY CONFERENCE
20 OCTOBER 2014, 9:00 A.M.
TIMELINE OF TC INVESTIGATION NO.
ACTIVITIES
8
9
Issuance of TC Staff Report (Non‐Confidential)
Publication of TC Notice of Public Hearing
• Submission of Comments on TC Staff Report
• Submission of List of Issues to be explored or
clarified at TC Public Hearing / Affidavit of
Witnesses
TC Public Hearing
Submission of Final Position Papers, Memoranda and Documentary Evidences
Submission of TC Report of Findings to the DTI Secretary, Publication of TC Notice of Conclusion of Formal Investigation, and Issuance of TC Report of Findings (Non‐Confidential) to Parties
10
11
12
13
DATE
10 November 2014
10 November 2014
14 November 2014
17‐21 November 2014
24 November 2014
08 December 2014
Submissions ‐ hard copies (8) and soft copy in CD (MS Word or Excel file format)
PRELIMINARY CONFERENCE
20 OCTOBER 2014, 9:00 A.M.
THANK YOU!