The document discusses special safeguard measures that can be imposed on agricultural products designated as Special Products under the Special Safeguard Mechanism. It states that under the volume test, additional duties imposed cannot exceed one-third of the existing out-quota duty rate. It also provides details on how additional duties are calculated under the price test, ranging from 0% to 90% depending on the price difference compared to the trigger price. The duration of definitive safeguard measures is also limited to the end of the year in which it is imposed for SSM-designated agricultural goods.

1. •The commission may also recommend other
action, including the initiation of international
negotiations, to address the underlying cause
of the increase in imports of the product to
alleviate the injury or threat there of to the
domestic industry and to facilitate positive
adjustment to import competition.

2. •12 What special safeguard measure are
impose on SSM-denominated
agricultural products?
A). Provisional Measure- not applied.
B). Definitive safeguard measure:
 Under the volume test, additional duty should not exceed one-third
(1/3) of the applicable out-quota on the agricultural product under
consideration.
Under the price test additional duty is computed as follows:

3. I ) Zero, if the price difference is, at most, 10% of the trigger price;
Ii) thirty percent (30%) of the amount by which the price difference
exceeds ten percent (10%) of the trigger price, if the said difference
exceeds 10% but is at most 40% of the trigger price;
Ii). Fifty percent (50%) of the amount by which the price difference
exceeds 40% of the trigger price, plus the additional duty imposed
under paragraph ii, if said difference exceeds 40% but is, at most 60%
of the trigger price;
Iv ). Seventy percent (70%) of the amount by which the price difference
60% of the trigger price, plus the additional duties impose under
paragraph ii and iii, if the said difference exceeds 60% and is, a most,
75% of the trigger price;

4. •v Ninety percent (90%) of the
amount by which the price
difference exceeds 75% of the
trigger price; plus he additional
duties impose under paragraphs ii,
iii, and iv, if the said difference
exceeds 75% of the trigger price.

5. • 13. What is the duration for the imposition of the
safeguard measure?
• General safeguard measure:
• Provisional measure- Not exceed 200 calendar days
from the date of imposition.
• Definitive safeguard measure- the maximum initial
period for the application of a safeguard measure is
(4)years, including the period in which provisional
measure is imposed. The initial. May be extended up
to a maximum of eight (8) years, or ten years (10) for
developing countries.

6. •B Special Safeguard
measure:
•Definitive safeguard duty- effective only
until the end of the year in which the
measure is imposed

7. • 14 Are there limitations in the application of general safeguard
measures?
Yes. The general safeguard measures should be limited to: i)extent
redressing or preventing serious injury to the domestic industry and; ii) to
facilitate the domestic industry’s adjustments from the adverse effects
directly attributed to the increased imports.
When quantitative import restrictions are used, such measures shall
not reduce the quantity of imports below the average imports for the three
(3) preceding representative years, unless clear justification is giving that a
different is necessary to prevent or remedy a serious injury.
General safeguard measure shall not be applied to a product
originating from a developing country, if that country’s share of total imports
of the product is less than 3%, provided that the developing countries with
less than 3% share collectively account for not more than 9% of the total
imports.

8. 15. Are there limitations in the application of
special safeguard measure?
• To safeguard and in hands the interest of farmers and fisherfolk, the
provisions of F,A 8435, otherwise known as the agriculture and fisheries
modernization Act, will not be affected by the provisions of the special
safeguard measures concurrently with the safeguard measure.
The special safeguard provision of RA 8800 shall lapse with the duration of the reform
process in agriculture as determined in the WTO. Thereafter, recourse to safeguard
measures shall be subject to the provisions on general safeguard measures as provided in
RA 8800.

9. 16.Can the Commission recommended the
application of general safeguards on a bilateral or
selective basis?
• No. One of the major guiding principles of the WTO agreement on Safeguard
is that such measures be applied on a non-selective or MFN basis. Safeguard
measures shall be applied to a product being imported irrespective of its
source. Thus, WTO Member may not choose specific countries against whose
exports it applies the measures.

10. 17. Does the Philippines have to pay
compensation when it applies a general safeguard
measure?
• Yes. The Philippines, when applying safeguard measure, must generally pay
for them through compensation which is substantially the equivalent level of
concessions and other obligations with the respect to affected exporting WTO
members. Any adequate means of trade compensation maybe agreed upon
by the affected Members through consultation. In the absence of such
agreement on compensation and other obligation (i.e retaliate) unless the
council for Trade in Goods disapprove. However, this right to retaliate may not
be exercised for the first three (3) that a safeguard measure is in affect,
provided that the measure has been taken as a result of an absolute increase
in imports, and conforms to the provisions of the Agreement.

11. F. Adjustment Plan
• 18. What is an adjustment plan?
Adjustment plan is the action plan indicating a set
of quantified goals, specific programs, and
timetables that a concerned industry commits to
undertake in order to facilitate the industry’s positive
adjustment to import competition (e.g., adaptation
of improve technology, rationalization of production
structures)

12. 19. To whom and when the domestic industry
submit its adjustment plan?
The domestic industry submits its
adjustment plan to the commission within 45
calendar days (or 30 calendar days if the
investigation is certified as urgent) upon
receipt of the notice of submission.

13. 20. What is the task of the tariff Commission
with regard to the adjustment plan?
The Commission monitors the development with
respect to the domestic industry, including its progress
and the specific efforts made by workers and firms in
the domestic industry to affect a positive adjustment to
import competition. Monitoring includes public hearing
and on-site data verification to determine compliance
by the domestic industry with its adjustment plan.