Cruz Marcelo & Tenefrancia successfully represented two (2) major exporters in their opposition to the safeguard application filed by Pioneer Float Glass Manufacturing, Inc. After conducting an investigation, the Tariff Commission (“TC”) denied Pioneer Float’s application for the imposition of a safeguard measure upon reflective, tinted and clear float glass from various countries. Under prevailing jurisprudence, the Secretary of Trade and Industry is bound by the TC’s negative determination to dismiss the application for safeguard measures on the importation of reflective, tinted, and clear float glass.
In a Final Report dated 29 June 2020, the TC found that the conditions in Republic Act No. 8800 or the Safeguard Measures Act for the imposition of definite safeguard measures were not completely met. In particular, the TC found that the “element of serious injury and threat thereof” was not present as there was “no significant overall impairment in the position of the domestic industry”. As a result, it recommended that “no definitive general safeguard measures be imposed on importations of reflective, tinted and clear float glass falling under AHTN 2017 Subheading Nos. 7005.10.90, 7005.21.90 and 7005.29.90”.
In 2019, the Secretary of Trade and Industry imposed provisional safeguard measures on the importation of the said goods. While the imposition of definite safeguard measures is also done by the Secretary, the Safeguard Measures Act only allows it when the TC recommends the said imposition after a formal investigation.
Our lawyers Susan D. Villanueva, Miguel U. Silos, Jacques S. Lynn, Fernand Joseph D. Miranda, Paolo S. Tamase, Avril R. Bries, Samantha Maxine M. Tan, and James Andrew D. Dy primarily handled the matter for the firm.