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!
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