ANNEX "A" - Philippine Tariff Commission

ANNEX "A" 

REPUBLIC OFTIIE l'IIILlPPINt;S 

TARIFF COMMISSION 

IN THE MATTER OF THE PETITION FOR EXTENSION 

OF THE IMPOSITION OF SAFEGUARD MEASURE 

AGAINST THE IMPORTATION OF TESTLlNER 

BOARD FROM VARIOUS COUNTRIES 

Af-ITN Sub-heading Nos. 4805.24.00 

4805.25.10 

480525.90 

PHILIPPINE PAPEI'~ MANUFACTURERS 

ASSOCIATION, INC. (FORMERLY PHILIPPINE 

TESTLlNER BOARD INDUSTRY). 

Petitioner. 

FOR: SAFEGUARD MEASURE 

(R.A. No. 8800) 

SG. INV. No. 01-2013 

NOTICE OF FORMAL INVESTIGATION 

Pursuant to Section 19 of R.A. 8800, otherwise known as the "Safeguard 

Measures Act", notice is hereby given that the petition of the Philippine Paper 

Manufacturers Association Inc. or PPMAI (formerly the Philippine Testiiner 

Board Industry) for extension of the safeguard measure against the importation 

of testliner board (AHTN Subhead.nq Nos. 4805.24.00, 4805.25.10 and 

4805.25.90) is now under formal investigation by the Tariff Commission. The 

formal investigation commenced after the Secretary of Trade and Industry 

endorsed the petition to this office on January 29, 2013. 

A preliminary conference will be held on February 12, 2013 at 9 a.m. at the 

Tariff Commission Conference Room, 5 'h Floor, Philippine Heart Center Bldg. 

EastAvenue, Diliman, Quezon City. Matters for discussion include the schedule 

and procedure of public consultation, the nature of administrative and fact-finding 

proceedings, the non-applicability of the technical rules of procedures under the 

Rules of Court, the submission of parties' evidence and position papers, the 

non-availabilily of confidential information, the time frame of formal investigation 

and other related matters necessary for the speedy disposition of the case. 

For particulars/queries, please inauire from the Task Force on Safeguards 

Investigation on Testliner Board at Tel. Nos. 928-8419, 926-8731 or at fax number 

9217960. Queries may likewise be made at info@tariffcommjssjon.gov.ph. 

Issued tnis 4'" day of February, 2013, at Quezon City, Metro Manila. 

(Sgd.) 

EDGARDO B. ABON 

Chairman 

Vol.XXVI No,301 18 Pages, 3 Sections 

P18.00 Wednesday, February 6,2013

iii~t;\\ Republic of the Philippines 

'~~iJ Tariff Commission 

.~r.",.t' 

ANNEX "A-1" 

IN THt: MAl HB OF TIlE PUI flON ron EXTENSION 

OF mr IMPomlON OF SMEGUAHO MEASURE 

AGAINS ( (HE IMf'ORTAfION OF TFSTLlNER 

BOARD FROM VAIlIOUS COUNTRIES 

AHTN Sub hc.Hiillg Nos. ~805.21.(JO 

4B05.25.10 

4805,15.90 

rOR: SAFWJAHO MEASUH~ 

(R.A. No. 8800) 

~.

ANNEX "8" 

FORMAL INVESTIGATION ON THE PETITION FOR EXTENSION OF 

SAFEGUARD MEASURES ON IMPORTS OF TESTLlNER 80ARD FROM 

VARIOUS COUNTRIES 

(AHTN CODES 4805.24 00, 4805.25 10 and 4805.25 90) 

(SG Investigation No. 01-2013) 

PETITIONER 

LIST OF PARTIES NOTIFIED 

ATTY. JOSE SALVADOR RIVERA, JR. 

Counsel for the Philippine Paper Manufacturers Association, Inc. (PPMAI) 

As represented by the United Pulp and Paper Co. Inc. 

Rivera, Santos and Maranan Law Offices 

Philippine Stock Exchange Building 

Unit 2902-0, West Tower, Ortigas Centre 

Pasig City 

MR. WICHAN JITPUKDEE 

President and Chief Executive Officer 

United Pulp and Paper Co. Inc. 

Level 5, PHINMA Plaza, 

39 Plaza Drive, Rockwell Center, 

Makati City, Metro Manila 

MR. JUAN MIGUEL DEL ROSARIO 

President 

Philippine Paper Manufacturers Association, Inc. (PPMAI) 

2 nd Floor, FMF Business Center 

126 Pioneer St. Mandaluyong City 

MR. EDGAR PATAROQUE/MR. LEON DY 

Sales Manager 

Trust International Paper Corp. (TIPCO) 

6/F ACE Building, 101 Thailand (formerly Rada) Street corner 

De La Rosa Street, Legaspi Village, Makati City 

MR. ANTHONY LlM 

President 

Containerboard Manufacturers Association of the Phils. 

2002 Jollibee Plaza, Emerald Avenue, Ortigas Center, 

Pasig City , 

MR. MANU EL UYCHIAOCO 11 

President 

Container Corp. of the Philippines 

No. 60 Old Samson Road, Balintawak, 

Quezon City 

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MR. AVELlNO CH lONG 

President 

Liberty Paper Mills 

751 Paso De Bias, Valenzuela City 

MR. SALVADOR LARA 

President, Multi-Pack Container Co. (MCCI) Inc. 

(Formerly Mega Pack Container Corp.) 

No. 2 E. Quintana Avenue, TPI Compound, Sitio Malinis, 

Bagbaguin, Valenzuela City 

THE MANAGER 

MAKBAN Pulp and Paper Corp. 

San Felix, Sto. Tomas, Batangas 

THE MANAGER 

Superior Packaging Corp. 

No. 5 Tandang Sora Extension, 

Sat. Quieteria, Novaliches, 

Quezon City 

THE MANAGER 

Twin Pack Container Corp. 

Unit 3, Sunriser, industrial Village, 

Llano Road, Bo.Llano, Caloocan City 

MR. CAR LOS C. CRUZ 

President and General Manager 

C/O MS. LAARNI MANALO 

United Container Corp. 

720-A Gen. l.uisSt. Barrio Kaybiga, 

Caloocan City 

THE MANAGER 

Valenzuela Packaging Corp. 

1509 A. Mariano St. Bagbaguin, 

Valenzuela City, Metro Manila 

MR. BERNARD CHEUNG 

President , 

Basic Box Industries Corp. 

Kingswood Arcade, Vito Cruz Extension, 

Makati City , 

MR. MARIO NARITA 

Plant Manager , 

CORBOX Packaqinq Corp. 

Cagayan De Oro Oity 

" 

2


The Philippines (CMAP) 

2002 Jollibee Plaza, Emerald Avenue, Ortigas Center, 

Pasig City' 

MS. VIRGINIA J. GO 

Company Representative 


No. 5 Tandang Sora Avenue Extension, 

Sta. Quiteria 1123 Novaliches, Quezon City 

MR. ALFREDO CHAN 

Representative to PULPAPEL 

Trust International Paper Corp. 

yth Floor, ACE Building, 101 Rada St. Legaspi Village 

Makati City 

MR. EDGAR TAN 

Representative to PULPAPEL 

Fibre Sorting 

yth Floor, ACE Building, 101 Rada St. Legaspi Village 

Makati City , 

MR. JOSE GAN 

Representative to Pulpapel 

Paperland Inc. Leland Drive, Quezon City 

MR. PEDRITO ARAGON 


PICOP Resources Inc. 

2280 Pasong TamoExtension, Makati City 

MR. JIMMY SY 

President 

Asia Paper Industrial Corp. 

62 De Jesus St. Balintawak, Quezon City 

MR. ANTHONY TIONGSON 


Liberty Paper Mills 

751 Paso De Bias, Valenzuela City 

CONSUMER GROUPS/OTHER INTERESTED PARTIES 

FEDERATION OF PHILIPPINE INDUSTRIES 

Rm. 701, yth Floor, Atlanta Center 

No. 31 Annapolis St., Greenhills, 

San Juan City 

MR. CRISANTO S. FRIANEZA 

Secretary-General 

Philippine Chamber of Commerce and Industry 

,..3fF Employees Compensation Commission Bldng. 

365 Sen. Gil Puyat Avenue, Makati City 

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MR. TRANQUILlNO P. BULANADI 

President 

United Pulp and Paper Co. Inc. Employees Union 

Km. 48 McArthur Highway, Iba Este, Calumpit 

Bulacan 

FOREIGN PARTIES 

Mr. Arvind Gupta 

Director 

Indah Kiat Pulp and Paper Products 

PT Indah Kiat Pulp & Paper Tbk 

Bii Plaza, Tower 11,9 th Floor, 

JI. M.H. Thamrin No. 51, 

Jakarta 10350, Indonesia 

Email address:ArvindGupta@app.co.id 

MR. BERNARD LOMBARD 

Trade and Competitiveness Director 

Confederation of European Paper Industries (CEPI) 

250 Avenue Louise, B-1050 Brussels, Belgium 

EMBASSIES 

HIS EXCELLENCY AMBASSADOR WILHELM DONKO 

Ambassador of Austria to the Philippines 

Austrian Embassy Manila 

4thFloor, Prince Building, 117 Thailand St. 

Legaspi Village, Makati City 

HIS EXCELLENCY MR. WILLlAM BILL TWEDDEL 

Ambassador of Australia to the Philippines 

Embassy of Australia 

Level 23-Tower 2, RCBC Plaza 

6819 Ayala Avenue, Makati City, 1200 

FIRST SECRETARY CATHERINE REES 

Economic and Trade Policy 

Australian Embassy-Manila 

Level 23, Tower 2, RCBC Plaza 

6819 Ayala Avenue, Makati City 

DIRECTOR RACHAKORN SAKSRI 

Thai Trade Center . 

Royal Thai Embassy 

107 Rada St. Legaspi Village, Makati City 

MR. FREDDY JOSEP PELAWI 

Head of Section 

Directorate of Trade Defense 

.Director General of Foreign Trade 

" Ministry of Trade 

Jin. M.1.Ridwan Rais, No. 5, 

5 

. \


Building 11, io" Floor 

Suite Direktorat Pengamanan Perdagangan 

Jakarta Pusat 10110 

Indonesia 

HIS EXCELLENCY MR. RAYMUND L.S. WANG 

REPRESENTATIVE 

Taipei Economic & Cultural Office 

41stFloor, RCBC Plaza, 

Sen. Gil Puyat Avenue, Makati City 

COMMERCIAL SECRETARY SHIH, CHING-CHING 

Taipei Economic and Cultural Office (TECO) 

41/Floor, Tower 1, RCBC Plaza 


HIS EXCELLENCY HUGO LAMBRECHTS 

Counselor for Political/Economic Affairs 

Embassy of South Africa in the Philippines 

zs" Floor, Yuchengco Tower, RCBC Plaza, 

Ayala Avenue, Makati City 

HIS EXCELLENCY AMBASSADOR NGUYEN VU THU 

Ambassador of Vietnam to the Philippines 

Embassy of Vietnam 

Pablo Ocampo St. Manila 

HIS EXCELLENCY PIETER VERMEULEN 

Ambassador 

South Africa 

Embassy of South Africa in the Philippines 

29 th Floor, Yuchengco Tower, RCBC Plaza, 

Ayala Avenue, Makati City 

H.E. DATO' MOHD ZAMRI BIN MOHD KASSIM 

Ambassador-designate of Malaysia to the Republic of the Philippines 

Embassy of Malaysia 

10 th _11thFloor, The World Center Building, 

No. 330 Sen. Gil Puyat Avenue, Makati City 

MR. ANTHONY BALLESTEROS RIVERA 

Marketing Manager 

Malaysia External Trdae Development Corporation 

Embassy of Malaysia Trade Office (MATRADE) 

Level 4, HanjinPhil Building, 

1128 University Parkway, North Bonifacio 

Global City, Taguig City 

HIS EXCELLENCY Y. KRISTIARTO SOERYO LEGOWO 

Ambassador of the Republic of Indonesia to the Philippines 

" ,,~mbassy of the Republic of Indonesia 

185 Salcedo St., Legaspi Village, Makati City 

6 , \

ANNEX "B" 

TRADE ATTACHE' VIVIANTO TAMPUBOLON 

Office of the Trade Attache' 

Indonesian Embassy-Manila 

185 Salcedo St., Legaspi Village, Makati City 

HIS EXCELLENCY ABDULLAH BIN IBRAHIM AL HASSAN 

Ambassador of the Custodian of the Two Holy Mosques in Manila 

Royal Embassy of the Kingdom of Saudi Arabia in the 

Philippines 

389 Sen. Gil Puyat Avenue Extnsion, 

Makati City 

AMBASSADOR THIERRY BORJA DE MOZOTA 

Ambassador of France to the Philippines 

France Embassy, Philippines 

16th Floor, The Pacific Star Building, Makati Avenue corner 

Sen. Gil Puyat Extension, Makati City, Metro Manila 

Phone No.: +857-6900, 811-1001, 811-1033 

HIS EXCELLENCY HYUK LEE 

Ambassador of the Republic of Korea to the Philippines 

Embassy' of the Republic of South Korea 

In the Philippines 

122 Upper Mckinley Road, Mckinley Town Center, 

Fort Bonifacio, Taguig City 

HER EXCELLENCY MA KE QING 

Ambassador 

Embassy of the People's Republic of China 

In the Philippines 

4896 Pasay Road, Dasmarinas Village, Makati City 

HIS EXCELLENCY WU ZHENGPING 

Counselor for Economic and Commercial Affairs 

Embassy of the People's Republic of China 

No. 10 Flame Tree Road, South Forbes, 

Makati City, ~etro Manila 

DIRECTOR-GENERAL JOHWAN CHOI 

Korea Trade Center-Manila 

10 th Floor, Ayala Life, FGU Building, 


His Excellency Hirubalan V.P. 

Ambassador of the Republic of Singapore 

Embassy of the Republic of Singapore 

505 Rizal Drive, Bonifacio Global City, 

1634 Taguig City, Metro Manila 

HIS EXCELLENCY TOSHINAO URABE 

7 

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Ambassador of Japan to the Philippines 

Embassy of Japan 

2627 Roxas Blvd. Pasay City 

HIS EXCELLENCY ANDREW MATHESON 

Ambassador of New Zealand to the Philippines 

New Zealand Embassy 

23 rd Floor, BPI Buendia Center, 

Sen. Gil Puyat Avenue (near Makati Avenue), 

Makati City 

MR. RAMONCITO BERNALES 

Trade Commissioner, New Zealand Embassy 

23 rd Floor, BPI Buendia Center, 

Sen. Gil Puyat Avenue (near Makati Avenue), 

Makati City 

HIS EXCELLENCY MR. HEIKKI HANNIKAINEN 

Ambassador of Finland to the Philippines 

21st Floor, BPI Buendia Center, Senator Gil J. Puyat Ave. 


HIS EXCELLENCY OR. JOACHIM HEIDORN 

Ambassador of Germany to the Philippines 

German Embassy Manila 

25/F Tower 2, RCBC Plaza 

6819 Ayala Ave (cor Sen. Gil Puyat Ave) 


MR. LUKAS SCUL TZE-MODEROW 

German Embassy/Stagaire 

EU Delegation 

German Embassy Manila 

25/F Tower 2, RCBC Plaza 

6819 Ayala Ave (cor Sen. Gil Puyat Ave) 


HER MAJESTY'S AMBASSADOR STEPHEN L1LLlE 

Ambassador of the United Kingdom to the Philippines 

British Embassy Manila 

120 Upper McKinley Road 

McKinley Hill, Taguig City 

HIS EXCELLENCY PRASAS PRASAS VINITCHAI 

Ambassador of Thailand to the Philippines 

Royal Thai Embassy 

107 Rada St. Legaspi Village, Makati City 

HIS EXCELLENCY AMBASSADOR HARRY K. THOMAS, Jr. 

Ambassador of the United States of America 

To the Philippines 

., 1-201Roxas Blvd. Ermita, Manila 

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HIS EXCELLENCY AMBASSADOR ALlSTAIR MACDONALD 

HEAD OF DELEGATION 

The Delegation of the European Union to 

The Philippines 

30/F Tower 11 RCBC Plaza;6819 Ayala Avenue, Makati City, 1200 

GOVERNMENT SECTOR 

HONORABLE ROSALlNDA DIMAPILlS-BALDOZ 

Secretary 

Department of Labor and Employment 

DOLE Bldng. Muralla St. 

Intramuros, Manila 

ATTY. LUIS M. CATIBAYAN 

Director 

Bureau of Import Services 

3F TARA Bldng. 389 Sen. Gil Puyat Avenue, 

Makati City 

ATTY. JUAN MIGUEL CUNA 

Director 

DENR-Environrnental Management Bureau 

DENR Compound, Visayas Avenue, 

Quezon City 

PHILIPPINE TRADE ATTACHES' 

HON. RAYMOND ALBERT H. BAT AC 

Commercial Attache' 

Philippine Trade and Investment Center 

Embassy of the Philippines 

207 Avenue Louise, Bte. 5 

Brussels 1050 

Belgium 

HON. ALMA F. ARGAYOSO 



Embassy of the Philippines in Indonesia 

16th Floor, Wisma Kosgoro 

Jalan M. H. Thamrin No. 6-8 

Jakarta Pusat 10350 

Indonesia 

HON. NICANOR S. BAUTIST A 



Embassy of the Philippines in the Republic of Korea 

.•. ...5-1 Itaewon 2-dong, Yongsan-gu 

Seoul 140-857 

Republic of Korea 

9 

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I

ANNEX 

"B" 

HON. LOUIE BRIGADA QUERO-LEE 

Trade Assistant 


Embassy ofthe Philippines in Malaysia 

Office Suite 19-8-5, Level 8 UOA Center 

19 Jalan Pinanq, Kuala Lumpur 50450 

Malaysia . 

HON. GLENN G. PENARANDA 

Senior Trade Re'presentative 


Embassy of the Philippines in Singapore 

07-234 Faber House 

230 Orchard Road, 

Singapore 238875 

HON. ERIC C. ELNAR 



Embassy of the Philippines in Thailand 

760 Sukhumvit Road 

Bangkok 10110 

Thailand 

HON. BENEDICT M. UY 

Deputy Director for Economic Affairs 



Manila Economic and Cultural Office - 

Philippine Representative Office in Taiwan 

11th Floor, No, 176 Chang Chun Road 

Taipei, Taiwan 

HON. MA. BERNARDITA ANGARA-MATHAY 

Commercial Counselor 


Embassy of the Philippines in Japan 

5-15-5 Roppongi, Minato-ku, Tokyo, 

Japan 

HON. EMMANUEL NINO W. ANG 

Commercial Attache -Designate 


Consulate GliJneral of the Philippines 

Suite 302 Thakral House, 

•.. SD1 George Street, Sydney New South Wales 2000 

Australia 

10


HON. ZAFRULLAH G. MASAHUD 

Commercial Counselor 


Embassy of the Philippines in the 

People's Republic of China (PROC) 

Room 1703, Tower C, Ocean International Center 

60 Dongsihuanzhonglu, CBD East Beijing 

Chaoyang District, Beijing 100025 

People's Republic of China 

1 , '., 

11

ANNEX "C" 

Republic of the Philippines 

Tariff Commission 

·INTHEMATTEROFTHEPETITIONFOREXTENSION 

OFTHEIMPOSITIONOf SAfEGUARDMEASURE 

.AGAINSTTHEIMPORTATIONOf TESTLlNER 

,.BOARDfROM VARIOUSCOUNTRIES 

AHTN Sub-heading Nos. 4805.24.00 

4805.25.10 

4805.25.90 

PHILIPPINE PAPER MANUFACTURERS 

· ASSOCIATION, INC. (FORMERLY PHILIPPINE 

.TESTLINER BOARD INDUSTRY), 

· Petitioner. 

fOR: SAfEGUARDMEASURE 

(R.A. No. 8800) 

SG.INV.No. 01-2013 

NOTICE OF PUBLIC HEARING 

Notice is hereby given that pursuant to Section 10 of the Commission Order No. 

,.~0-02 prescribing the Rules and Regulations to Govern the Conduct of Investigation 

by the Tariff Commission on Safeguard Measure pursuant to R.A.No.8800 (also known 

· as the "Safeguard Measure~ Act"), marathon public hearings will be held at the 

Conference Room of the Tariff Commission, 5'h floor, Philippine Heart Center Bldg. 

East Avenue, Diliman, Quezon City, on the following dates and time: 

'" 

DATE 

TIME 

01 Aoril 2013 9:00 a.m. 

oz.xoru 2013 9:00a.m. 

03 Aoril 2013 9:00a.m. 

04 Aori120l3 9:00 a.m. 

05 April 2013 9:00a.m. 

." The parties are required to submit to the Commission within five (5) calendar 

days before the first day of the public hearing, a list of issues they want to explore 

,~n the public hearing other than the issues on product comparability and volume 

.pf increased imports. A party who does not submit a list of issues is deemed to 

· have no controversial/contestable matter to raise, hence, will be given less priority 

in the order of the parties who may ask clarificatory questions during the public 

~earlng. . 

Parties arealso required to submit to the Commission the affidavits of their witnesses 

three (3) days prior to the public hearing, copy furnished the other parties. 

All principal parties, counsels, affiants, deponents and other interested parties 

· should. appear before the Commission on the first day of public hearing. 

fa; particulars, please inquire from the Safeguard Measure Task force on Testliner 

· Board at tel. nos. (632) 928-81-06, (632) 928-84-19 and fax number (632) il21-79- 

-~O,or at e-mail addressinfo@tariffcommission.gov.ph . 

,.' 

. 

Issued this 20,hday of March, 201 3, Quezon City, Metro Manila 

(SGD.) EDGARDO B. ABON 

Chairman 

MT - Mar.n. 

lOll 

FRIDAY 

I March 22,2013

FAX 

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R)~GIsrrl~lt ()I~l\PI))~j\ltANC)DS 

PRELIMINARY CONFERENCE FOR THE CONDUCT OF FORMAL INVESTIGATION 

FOR THE EXTENSION OF SAFEGUARD MEASURES ON 

TESTLlNER BOARD FROM VARIOUS COUNTRIES 

PRESIDING OFFICER: CHAIRMAN EDGARDO B. ABON DATE: 12 February 2013 

PLEASE 

PRINT CLEARL Y 

r 

, c - NAME AGENCY I TELEPHONE 1I NUMBERS I EMAIL ADDRESS I 

""" NUMBERS 

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Itl~(~rs'rr:n ()I~j\I)I)I~_\ltj\NC}jS 

PRELIMINARY CONFERENCE FOR THE CONDUCT OF FORMAL INVESTIGATION 

FOR THE EXTENSION OF SAFEGUARD MEASURES ON 

TESTLlNER BOARD FROM VARIOUS COUNTRIES 

PRESIDING OFFICER: CHAIRMAN EDGARDO B. ABON DATE: 12 February 2013 

PLEASE 

PRINT CLEARL Y 

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NAME AGENCY TELEPHONE 

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FAX NUMBERS 

NUMBERS 

EMAIL ADDRESS' 

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REPUBLIC 

OF THE PHILIPPINES 

TARIFF COMMISSION 

ANNEX "E" 






4805.25.10 

4805.25.90 



TESTLlNER BOARD INDUSTRY), 

Petitioner. 


(R.A. No. 8800) 

SG. INV. No. 01-2013 

PRELIMINARY CONFERENCE ORDER 

Pursuant to' paragraph 2, Section 4 of Commission Order No. 00-02 

(Rules and Regulations to Govern the Conduct of Investigation by the Tariff 

Commission (TC) pursuant to Republic Act No. 8800), this Commission 

hereby issues this Order covering the following matters that were taken up 

and agreed upon by the parties present during the Preliminary Conference 

held on February 12, 2013. 

SCHEDULE 

ACTION REQUIRED DATE 

SUBMISSION OF POSITION PAPERS / INITIAL Until February 20, 

MEMORANDA / DOCUMENTARY EVIDENCE BY 2013 

ITHE PARTIES 

IrC DATA VERIFICATION/PLANT VISITS Starts on February 

13, 2013 

SUBMISSION OF SUPPLEM~NTAL INFORMATION Until March 6, 2013 

~ND ADJUSTMENT PLAN' 

ISSUANCE OF ,STAFF REPORT (NON- Until March 11, 

CONFIDENTIAL) 2013 

SUBMISSION OF COMMENTS ON TC STAFF March 12-18, 2013 

REPORT AND ISSUES OTHER THAN PRODUCT 

COMPARABILITY AND VOLUME OF IMPORTS 

J\ 

S'h Floor, Philippine Heart Center Building, East Avenue, Diliman, Quezon City, Philippines 0850 

TeL Nos. (632) 929-1964 / (632) 926-8731 / (632) 926-7476 • PHC Trunkline (632) 925-2401 to 50 loca13501 to 3512 • Fax No. (632) 921-7' 

E-mail Addresses: tarcm@mydestiny.net. info@tariffcommission.gov.ph • Webaite: http://www.lari[[cotnmisRion.gov.ph

ANNEX "E" 

SUBMISSION OF AFFIDAVITS OF WITNESSES March 12-18, 2013 

trc PUBLIC HEARING April 1-5, 2013 

SUBMISSION OF AMENDED POSITION PAPERS April 08-12, 2013 

ENTRY OF APPEARANCE I LIST OF INTERESTED PARTIES 

All interested parties (petitioner/ oppositor /other interested parties), 

regardless of whether they were present at the preliminary conference or not, 

are enjoined to formally enter their appearance through a Motion filed with the 

Commission indicating their names, addresses and contact details (telephone 

and fax numbers, e-mail addresses) including the name, address and contact 

details of their counsel, if represented by one. Notices will be served only to 

those who. manifested their interest through the filing of a Motion. 

The parties are required to inform the Commission of their alternate 

and/or collaborating counsels aside from their Counsels of Record to avoid 

delays in the conduct of the public hearing. The Commission should be 

informed immediately about any change of counsel through a Notice of 

Change of Counsel issued by the new counsel. 

SUFFICIENT 

NOTICE 

mail. 

latter. 

Parties shall be notified either by fax, e-rnail, personal delivery or by 

A notice to counsel representing a party is considered notice to the 

ACCESSIBILITY 

OF DOCUMENTS 

Docurnents submitted to the Department of Trade and Industry (DTI) 

that are not marked confidential and those similarly unmarked to be submitted 

to the Commission as the investigation progresses will form part of the public 

file. Two (2) copies of said documents will be made available, one for the 

petitioner or those in support of the application and the other for the oppositor 

of the application .. 

Documents from the public file may be reproduced at cost at the Tariff 

Commission upon request by interested parties from any member of the 

technical staff of the Commission. 

--A 

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2


"E" 

In cases where voluminous documents are submitted to the 

Commission, the requirement of service to the parties is waived as long as the 

submitting party files a Motion to Admit/Deposit with the Commission the said 

voluminous documents together with their consent to make the same 

available for review, examination and/or reproduction by the other parties. 

CONFIDENTIALITY 

OF DOCUMENTS 

Parties which submit documents marked confidential should provide a 

public version of the same. The confidentiality of documents submitted to the 

Commission by any of the parties and marked as such, shall be assured. The 

Commission, however, reserves the right to declassify certain documents 

submitted by any of the parties and marked as confidential, as nonconfidential. 

All documents and evidence submitted to the Commission not 

marked as confidential will be made available in the public file. 

SUBMISSION OF POSITION PAPERIS 

Interested parties are given until February 20, 2013 to submit four (4) 

copies of their respective position papers, all documentary evidence and other 

information in support of their position. These submissions are deemed 

preliminary or supplementary for purposes of the Commission's investigation. 

Copies of' these submissions should be served to the other parties. Final 

submission of amended position papers by the parties, if any, shall be from 

April 08-12,2013. 

ADDITIONAL 

DATA 

The Commission, in the course of the investigation, may request 

additional data from all parties which are to be verified by the investigating 

team. Ocular inspection and/or plant visits will also be conducted as 

scheduled in the indicative dates above. 

ADJUSTMENT 

PLAN 

The adjustment plan to be submitted by the petitioner for the extension 

of the imposition of the safeguard measure shall provide a clear quantification 

of its proposed goals and detail the efforts that the domestic industry and 

other concerned parties' will make to place the domestic industry in a more 

competitive 'position vis a vis import competition. Submission shall be until 

March 06, 2013. 

3


"E" 

PUBLIC HEARING 

Public hearing shall be from April 01-05, 2013. Once commenced, the 

public hearing shall continue as scheduled with morning and afternoon 

sessions, if necessary. 

All parties are required to be present on the first day of the 'public 

hearing. 

As clarified during the preliminary conference, issues for discussion 

during the public hearing shall be limited to the following: 

a. the presence and extent of serious injury or the threat thereof 

to the domestic industry that produces like or directly 

competitive product, and 

b. the existence of a causal relationship between the increased 

imports of the product under consideration and the serious 

injury or threat thereof to the domestic industry. 

WITNESSES TO BE PRESENTED 

DURING THE PUBLIC HEARING 

Parties were notified on the need to present witnesses that will testify 

on the determination of serious injury or threat thereof, as well as on the 

petitioner's adjustment plan. 

SO ORDERED. 

Issued at Quezon City, Metro Manila, February 13, 2013 

Cc: 

MS. VIRGINIA J.' GO 

Company Representative 


No. 5 Tandang Sora Avenue Extension, 

Sta. Quiteria 1123 Novaliches, Quezon City 

~ ; 

EDGAR 0 B. ABON 

tarnan 

4

ANNEX "F" 

(CONFIDENTIAL) 

Ocular Inspection 

Report

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R]~GISTEI~ O~-,J-\.PPEAI-{ANCES 

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In the Matter of the Petition for Extension of the Imposition of Safeguard Measure Against the 

Importation of Testliner Board from Various Countries (S.G. lnv. No, 01-2013) 

PRESIDING OFFICER: Chairman Edgardo B. Abon 

DATE: April 2, 2013 

TIME: 10:00 am 

PLEASE Pl~I~T CLEARLY 

N !\i\[ JUJ) J';SIGi'L\'['[();"\ ('()Mi>,\;'\iY .\~J) ,\J)J)I~J~SS '[' J.;J. J.;J) [ J() ::"\'I'; I",\X .:\'L\[J~J.;w ..; I J{;.\!.\[I, ,\J)J)J~ESS 

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REGISTEI~ 

OF j\PP]~j-\'Rj\NCES 

A~~ 

In the Matter of the Petition for Extension of the Imposition of Safeguard Measure Against the 

Importation of Testliner Board from Various Countries (S.G. Inv. No. 01-2013) 

PRESIDING OFFICER: Chairman Edgardo B. Abon DATE: April 2, 2013 

TIME: 10:00 am 

PLEA ..SE PI

ANNEX "H-1" 


Philippine Paper Manufacturers Association 

(PPMAI) Position Paper



Affidavit of Mr. Vincent Rex R. Banatao, Division 

Manager of UPPC Production Division 

L 

r 

_

21/03 2013 09:39 E:U TF:,u.OE 

MOST URGENT 

No. 0310/123~ Department ofForeig Trade 

Ministry of Commer 

44/100 Nonthaburi 1 Road 

N onthaburi 11000 ailand 

rei. (662) 547 5082 

Fa.x. (662) 547 4741 

Dear Mr. Chairman, 

i 

I 

I 

20 March 2013 

SUbject: Formal IDvestig;'on on the Petition for Extension of Safeguard M 

Imports of Tes er Board under AHTN Codes 4805.24.00, 4805.2 

4805.25.90 from arious Countries (SG Investi~ation No. 01-2013) 

I 

The Department f Foreign Trade C"DFT") wishes to refer to your lett r dated 

12 March 2013 addressed to ailand Trade Office, Royal Thai Embassy in Manila, su mitting 

a copy of the Tariff Comrniss on's Staff Report on the above-mentioned case. 

According to yo letter, interested parties are given an opportunity to mment 

within five (5) calendar days - om receipt of the Staff-Report on the factual findings r garding 

product comparability and y lume of increased imports. However, the DFT, as T iland's 

authority currently responsible tor all the trade remedy affairs including the safeguard easures, 

has recently received a copy Staff Report on 18 March 2013 and the DFT is of great concern 

that it is impossible to convey this important matter to Thai exporters concerned and sr mit the 

comments to Tariff Commissi n within your stipulated period. 

In the light of the short deadline, the OFT, on behalf of Thai exporters eo cerned, 

hereby would like to respec ly request Tariff Commission for an extension of subrn ssion of 

comments until 5 April 2013 0 provide the DFT as well as Thai exporters concerned ample 

time to express their views 0 the petition for extension of safeguard measures. 

Your kind under tanding on this matter is greatly appreciated and the DFT is 

looking forwardto receiving our favorable reply at your earliest convenience. 

~ I 

Mr. Edgardo B. Abon 

Chairman of Tariff Commission 

5 th Floor, Philippine Heart ceftcr Building, 

East Avenue, Diliman, 

Quezon City, Philippines 085 

Telefa.x: (632) 921 7960 

i 

I 

I 

I 

I 

Yours sincerely, 

[Mr.Surasak Riangkrul) 

Deputy Director- General 

For Direetor- General 

II

TC Info 

From: 

Sent: 

To: 

Subject: 

Attachments: 

Importance: 

. !/iv! {-( r. I 

ANNEX "H-4" , ' "-'>l 

Valte-Oe Jesus, Madelaine [Madelaine.Valte-OeJesus@dfat.gov.au] 

Monday, March 18, 20133:37 PM 

info@tariffcommission.gov.ph 

Comments from Australian Government on TC's Staff Report (testliner board) h 

[SEC=UNCLASSIFIEO, CAVEAT=FOR-OFFICIAL-USE-ONLYj (J . 

130318 Letter from Rees to Tariff Commission Chairman Abon.pdf ?i 

. >5j!r;/-? 

High 

er rI 

Dear Chairman 

Abon 

Please find attached a letter from Catherine Rees of the Australian Embassy, regarding the Australian Governmen 

comments on the Tariff Commission's Staff Report on the petition for the extension of the imposition ofa definiti 

safeguard measure against the importation oftestliner board from various countries. 

We would be grateful for an acknowledgement of receipt of this ernail. 

Thank you and kind regards 

Eloine voite-De Jesus 

Research Officer - Economic & Trade Policy 

Political- Ecollom ic Section 

/vustrolian Embassij Manila 

Level 23 Towel' 2 R.CBC PloZQ 

6819A.yala 11venue Makati City 1226 

'FeZ.No. (+632) 7578255, Fax.No. (+632) 7578346 

Ennai): madeiaine.vaite-dejesus@dfat.gov.au 

\ 

\ , 

1 , 

I •... 

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/.~'0 

1 

" 'J

ANNEX "H-4 

POLITICAL-ECONOMIC SECTION AUSTRALIAN EMBASSY 

MANILA 

18 March 2013 

Mr Edgardo B. Abon 

Chairman 

Tariff Commission 

5 th Floor, Philippine Heart Center Bldg 

East Avenue, Diliman Quezon City 

Dear Chairman Abon 

In response to your letter dated 12 March requesting for comments 011 Tariff Commission's Staff 

Report on the petition for the extension of the imposition ofa definitive safeguard measure against the 

importation of testliner board from various countries, I am writing to inform you that the Australian 

Government's Department of Industry, Innovation, Science, Research and Tertiary Education 

(DIlSRTE) does not consider Australian export volumes to be significant enough to be a major 

contributor to cause or threaten serious damage to the industry. The DTISRTE has identified two 

firms which may be involved in exporting the products, but due to the short timeframe for comment, 

DIISRTE has not been able to obtain detailed comments from either firm. 

We note that the Philippines' ASEAN-Australia New Zealand Free Trade Agreement (AANZFTA) 

commitments on testIiner board are not as liberal as the commitments in ASEAN's internal 

agreements or those with other ASEAN+ 1 partners. Where other ASEAN members and Korea enjoy 

duty-free access to the Philippines, Australian exports of testliner board are currently subject to a 5 

per cent duty which will not be eliminated unti12020. 

According to the Tariff Commission's own Staff Report, Australia's historic exports oftestliner board 

are comparatively low, accounting for only 2.76 per cent of total imports into the Philippines over the 

2004-2012 period. In addition, Australian exports have been sporadic, taking place in only four of the 

last nine years. ,For these reasons, we consider Australian exports should be excluded from the 

measure. We look forward to your positive consideration. 

Should you have any concerns, please do not hesitate to contact me by email at 

Catherine.Rees@dfat.gov.au or through telephone number 7578261. 

Yours sincerely, 

Catherine Rees 

First Secretary (Economic and Trade Policy) 

\ 

'T J;'- 

l • 

Australian Embassy, Level 23 - Tower 2, RCBC Plaza, 6819 Ayala Avenue, Makati, Metro, Manila, Philippines, website: 

www.australia.com.ph 

Telephone: 63 2 757 8100 Facsimile: 63 2.757 8268

0- )('~ 

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---J:C Info 

From: 

Sent: 

To: 

Cc: 

Subject: 

Attachments: 

Laode Piter Hanafi Kaimudin [Iaode.piter@kemendag.go.id] 

Monday, March 25, 2013 7:08 PM 

info@tariffcommission.gov.ph 

Ernawati; Vivianto Tampubolon; Freddy Josep Pelawi 

NOTICE OF PUBLIC HEARING-PETITION FOR EXTENSION OF THE IMPOSITION OF 

SAFEGUARD MEASURE ON TESTLlNER BOARD IMPORTS 

GOlletter to TC Philippines on Testliner Board 2013.pdf; Attached Letter for Submission 

of Public Hearing.doc 

Dear Sir or Madam, 

Please find the attached letter from the Government of Indonesia regarding our position in the investigation 

mentioned in the subject of this em ail. We thanked you for your consideration and kind cooperation. We 

shall look forward to hearing from you regarding the public hearing schedule and also to meet with you in 

the upcoming public hearing. 

Best regards, 

L. Piter Hanafi K.S. 

Vice Director of Trade Defense 

Directorate General of Foreign Trade 

Ministry of Trade 

Tel: 62 21 385 7955 ext: 1236 

Fax: 62 21 386 3937 

" , 

1

•' 

. 'ti I , 

, • ~ I • . 

HINIHRYOf·1RAOE 

DIREKTORAT JENDERAL PERDAGANGAN LUAR NEGERI 

Jalan M.I. Ridwan Rais No. 5 Jakarta 10110 

Tel. 021-23528560, 3857955, 3858171 ext. 1278 

Fax. 021·3863937 


Re.: /71 IDAGLU.6.4/SD/03/2013 Jakarta, 2. r- March 2013 

Mr. Edgardo B. Abon 

Chairman of Tariff Commssion 

Republic of Philippines 

Quezon City, Philippines 

Subject : The Petition For Extension Of The Imposition Of Safeguard Measure 

Against The Importation Of Te stliner Board From Various Countries 

In reference to Tariff Commission Notice of Public Hearing on Safeguard Measures 

dated March 20, 2013, the Government of Indonesia (GOI) would like to deliver several 

matters regarding the testliner board import from Indonesia as follows: 

1. In this opportunity, the GOI would like to draw the Philippines Tariff Commission 

attention on your notification to the WTO particularly on the exclusion of Indonesia in 

this safeguards measure. According to the document No. 12-2071 

(G/SG/N/8/PHLl8/SuppI.2; G/SG/N/10/PHLl7/SuppI.1; G/SG/N/11/PHLl9/SuppI.2) dated 

18 April 2012, Indonesia was excluded from the measures. Nevertheless on the 

Corrigendum of above notification No. 12-2120 (G/SG/N/8/PHLl8/SuppI.2/Corr 1*; 

G/SG/N/1 0/PHLl7/Suppl.1/Corr.1 *; G/SG/N/111 PHLl9/Suppl.2/Corr.1 *) dated 20 April 

2012 shows an amendment of the erred title of the attachment in the document No. 12- 

2071. Therefore the GOI would seek your clarification regarding this matter on whether v 

Indonesia is excluded or not in the said notification. 

2. For your consideration, several Indonesian major exporting company of lest!iner board 

have stated that they are no longer export to' the Philippines due to the safeguard 

measures. The data of Indonesia's Central bureau of Statistics on the product under 

consideration (PUC) HS codes (480524 and 480525) also shows no export, eventnoqh 

on the 4 digit lines, there were exports to your country which shows drastic declines. 

Rest assured that the GOI remains committed in pursuing our common goal towards 

a progressive partnership in trade. 

I thank you for your kind consideration. 

Yours Sincerly, •....." \ 

t • 

Thamrin 

Latuconsina 

Acting Director of Trade Defence 

C.c.: 

1. H.E. Ambassador of Indonesia in Manila; 

.•. "2. Director General 

of Foreign Trade; 

3. Secretary DG of Foreign Trade.


"H-5" 

WORLD TRADE 

ORGANIZATION 

~/SG/N/8/PHL/8/SuppI.2/Corr. 

G/SG/N/l O/PHL17ISuppI.lICon 

1* 

G/SG/N/ll/PHL/9/SuppI.2/Con 

1* 

20 April 2012 

(12-2120) 

Committee 011 Safeguards Origi nal: Engl ish 

NOTIFICATION UNDER ARTICLE t2.t(B) OF THE AGREEMENT ON 

SAFEGUARDS ON FINDING A SERIOUS INJURY OR THREAT 

THEREOF CAUSED BY INCREASED IMPORTS 

NOTIFlCATION PURSUANT TO ARTICLE 12.1(C) 

OF THE AGREEMENT ON SAFEGUARDS 

NOTIFICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2 


PHILlPPfNES 

(Test Iiner board) 

Corrigendum 

The following notification, dated 19 April 2012, is being circulated at the request of 

the Delegation of the Philippines. 

The title of the table on the second page should be amended 

to read: 

List of Developing Countries and Separate Customs Territories Excluded from the Imposition 

of Definitive Safeguard Measure on Testliner Board 

• In English only.


"H-5" 

WORLD TRADE 

ORGANIZA TION 

G/SGIN18/PHL/8/SuppJ. 

2 

G/SGINII O~,PHL/7ISuppJ 

.1 

G/SGfN/l1/PHL/9ISuppJ 

.2 

18 April 2012 

(12-2071) 

Committee on Safeguards Original: English 

NOTIFICATION UNDER ARTICLE 12.1(B)OF THE AGREEMENT ON 



NOTIFICATION PURSUANT TO ARTICLE 12.1(C) 




PHILIPPINES 

(Testliner 

board) 

Supplement 

The following notification, dated 17 April 2012, is being circulated at the request of 

the Delegation of the Philippines. I 

Further to GISG/N/8/PHLl8/SuppI.1-G/SG/N/l 0/PHLl7-G/SG/N/11/PHLl9/SuppI.1 

dated 11 August 20.11, the Philippines notifies the Committee that, per order of the Secretary 

of the Department' of Trade and Industry on 27 March 2012, the safeguard duty on Testliner 

Boards was reduced from Philippine Pesos 1,342.00/MT in the first year of the 

implementation period, to Philippine Pesos 1,274.90/MT for the second year of the 

implementation period, and will be reduced to Philippine Pesos 1,211.15/MT for the third 

year of the implementation period. The Philippines also notifies the list of developing 

countries exempt from the measure pursuant to Article 9.1 of the Agreement on Safeguards. 

I A copy of the Order from the Department of Trade and Industry (DTI) Philippines has been submitted 

electronically. To consult this document, please contact Ms H. Budd (hilary.budd@wto.org) or Ms D. Naville 

(delphillc.naville@wto.org) in the Rules Division. 

0/ 

---- - A 

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'.- ¥" '- 

, ,



List of Developing Countries and Separate Customs Territories Excluded from the Imposition 

of Definitive Safeguard Measure on Steel Angle Bars 

East & Southern West Africa North Africa South Asia 

Africa 

Angola Bcnin Algeria Afghanistan 

Botswana Burkina Faso Egypt, Arab Rep. Bangladesh 

Burundi Cameroun Libya Bhutan 

Cornoros Cape Vcrde Morocco British Indian Ocean Territory 

Congo. Dcm. Rep. Central African Rep. Tunisia East Ti mor 

Djibouti Chad India 

Eritrea Congo, Rep. Maldives 

Ethiopia Cote d' Ivoire Nepal 

Kenya Equatorial Guinea Pakistan 

Lesotho Gabon Sri Lanka 

Madagascar Gambia, The 

Malawi 

Ghana 

Mauritius 

Guinea 

Mozambique 

Guinea,Oissau 

Namibia 

Liberia 

Reunion 

Mali 

Rwanda 

Mauritania 

Seychelles 

Niger 

Somalia 

Nigeria 

South Africa Sao Tome & Prineipe 

Sudan 

Senegal 

Swaziland Sierra Leone 

Tanzania 

Toga 

Uganda 

Zambia 

Zimbabwe


Europe & Central Middle East Amer-icas East Asia & Pacific 

Asia 

Albania Bahrain Anguilla American Samoa 

Armcn ia Iran, Islamic Rep. Antigua & Barbuda Brunei Darussalarn 

Azerbaijan Iraq Argentina Cambodia 

Bclarus Israel Aruba Christrnrrs Is. 

Bosnia & Hcrzegovina Jordan Bahamas Coeos (Keeling) Is. 

Bulgaria Kuwait Barbados Cook Is. 

Croatia Lebanon Belize Fiji 

Cyprus Oman Bermuda French Polynesia 

Czech Republic Qatar Bolivia Guam 

Estonia Saudi Arabia Brazil I-long Kong, China 

Georgia Syrian Arab Rep. British Virgin Is. Indonesia 

Greenland United Arab Emirates Cayrnan Is. Johnston Is. 

Hungary West Bank & Gaza Chile Kiribati 

Kazakhstan Yemen, Rep. Colombia Korea, Dern. Rep. 

Kyrgyz Republic Costa Rica Lao PDR 

l.atvia Cuba Macau, China 

Lithuania Dominica Marshall Islands 

Macedonia, FYR Dominican Rep. Micronesia, 

Malta Ecuador Midway Is. 

Fed. Sts. 

Moldova El Salvador Mongolia 

Poland Falkland Is. (Malvinas) Myanmar 

Romania French Guiuna Nauru 

Russian Federation Grenada New Caledonia 

Slovak ia Guadaloupe Niue 

Slovenia Guatemala Northern Marianas Is. 

Tajikistan Guyana Palau 

Turkey Ilaiti Pitcairn Is. 

Turkmcnistan Honduras Papua New Guinea 

Ukraine Jamaica Samoa 

Uzbckistan Martiniquc Solomon Islands 

Yugoslavia, Fed. Rep. Mexico Tokelau 

Montserrat 

Tonga 

Netherland Antilles Tuvalu 

Nicaragua 

Vanuatu 

Norfolk Is. Wake Is. 

Panama Wallis & Futuna Is. 

Paraguay 

Peru 

Puerto Rico 

St. Helena 

St. KillS & Nevis 

SI. Lucia 

SI. Pierre & Miquelon 

SI. Vincent & the 

Grenadines 

Suriname 

Trinidad & Tobago 

Turks & Caicos Is. 

Uruguay 

US Virgin Is. 

Venezuela 

-r

WORLD TRADE 

ORGANIZA TION 


G/SG/N/8/PHLl8/SuppI.2/Corr.I' 

G/SG/N/I O/PHLI7ISuppI.l/Corr.1 * 

G/SG/N/ll/PH Ll9/Suppl.2/Corr.1 * 

20 April 2012 

(12-1120) 

Committee on Safeguards Original: English ,. 

OTlFICATION U DER ARTICLE 12_I(B) OF THE AGREEMENT ON 

SAFEGUARDS 0 FINDI G A SERIOUS INJURY OR THREAT 




OTIFICATIO PURSUA T TO ARTICLE 9, FOOTNOTE 2 

OFTHE AGREEME T ON SAFEGUARDS 

PHILIPPINES 

(Testliner 

board) 

Corrigendum 

The followi ng noti fication, dated 19 A pri I 2012, is being circulated at the request of the 

Delegation of the Philippines. 

The title of the table on the second page should be amended to read: 

List of Developing Countries and Separate Customs Territories Excluded from the Imposition of 

Definitive Safeguard Measure on Testliner Board 

~ 

\/\ 

• In English only.

WORLD TRADE 

ORGANIZA 

TION 


G/SG/N/S/PH L/S/Suppl.2 

G/SG/NI I O/PHL/7ISuppl.1 

G/SG/N/II/PHLl9/SuppI.2 

18 April 2012 

(\2-207\ ) 

"H-5" 

Committee on Safeguards Original: English ,. 

NOTIFICATION UNDER ARTICLE 12.I(B) OF THE AGREEMENT ON 







PHILIPPINES 

(Test Iiner board) 

Supplement 

The following noti fication, dated 17 Apri I 2012. is being ci rculated at the request of the 

Delegation of the Philippines. I 

Further to G/SGIN/8/PH Ll8/Suppl.l-G/SG/NIl O/PH L/7-G/SGINIl I/PH Ll9/Suppl.I dated 

11 August 2011, the Philippines notifies the Committee that, per order of the Secretary of the 

Department of Trade and Industry on 27 March 2012, the safeguard duty on Testliner Boards was 

reduced from Philippine Pesos 1,342.00/MT in the first year of the implementation period, to 

Philippine Pesos 1,274.90/MT for the second year of the implementation period, and will be reduced 

to Philippine Pesos 1,211.15/MT for the third year of the implementation period. The Philippines 

also notifies the list of developing countries exempt from the measure pursuant to Article 9.1 of the 

Agreement on Safeguards . 

., ..J Kcopy or the Order from the Department or Trade and Industry (01'1) Philippines has been submitted 

electronically. To consult this document, please contact Ms H. Budd (hilary.budd@wto.org) or Ms D. Navillc 

(delphine.naville@wto.org) in the Rules Division. ~. 

\ r-,

--i/SG/N/8/PH L/8/Suppl.2 

G/SGINI1 O/PH LI7IS uppl. I 

G/SG/N/II/PHL/9/SuppI.2 

Page 2 



List of Developing Countries and Separate Customs Territories Excluded from the ImpositiQl1 of 

Definitive Safeguard Measure on Steel Angle Bars 

East & Southern West Africa North Africa South Asia 

Africa 

Angola Benin Algeria Afghanistan 

Botswana Burkina Faso Egypt, Arab Rep. Bangladesh 

Burundi Camcroon Libya Bhutan 

Cornoros Cape Verde Morocco British Indian Ocean Territory 

Congo. Dern. Rep. Central A lrican Rep. Tunisia East Ti rnor 

Djibouti Chad India 

Eritreu Congo, Rep. Maldives 

Ethiopia Cote d' Ivoire Nepal 

Kenya Equatorial Guinea Pakistan 

Lesotho Gabon Sri Lanka 

Madagascar Gambia, The 

Malawi 

Ghana 

Mauritius 

Guinea 

Mozambique Guinea, Bissau 

Namibia 

Liberia 

Reunion 

Mali 

Rwanda 

Mauritania 

Seychelles 

Niger 

Somalia 

Nigeria 

South Africa Sao Tome & Principe 

Sudan 

Senegal 

Swaziland Sierra Leone 

Tanzania 

Togo 

Uganda 

Zambia 

Zimbabwe 

... ...

G/SGIN/8/PH rANtij~.~"H -5" 

G/SGIN/IO/PHLI7ISuppl.l 

G/SG/N/II/PHL/9/SuppI.2 

Page 3 

Europe & Central Middle East Americas East Asia & Pacific 

Asia 

Albania Bahrain Anguilla A rnerican Samoa 

Armenia Iran, Islamic Rep. Antigua & Barbuda Brunei Darussalarn 

,. 

Azerbaijan Iraq Argentina Cambodia 

Belarus Israel Aruba Christmas Is. 

Bosnia & Herzegovina Jordan Bahamas Cocos (Keeling) Is. 

Bulgaria Kuwait Barbados Cook Is. 

Croatia Lebanon Belize Fiji 

Cyprus Oman Bermuda French Polynesia 

Czech Republic Qatnr Bolivia Guarn 

Estonia Saudi Arabia Brazil Hong Kong, China 

Georgia Syrian Arab Rep. British Virgin Is. Indonesia 

Greenland United Arab Emirates Cayrnan Is. Johnston Is. 

Hungary West Bank & Gaza Chile Kiribati 

Kazakhstan Yemen. Rep. Colombia Korea. Dern. Rep. 

Kyrgyz Republic Costa Rica Lao PDR 

Latvia Cuba Macau, China 

Lithuania Dominica Marshal] Islands 

Macedonia, PYR Dominican Rep. Micronesia, Fed. Sts. 

Malta Ecuador Midway Is. 

Moldova El Salvador Mongolia 

Poland Falkland Is. (Malvinas) Myanrnar 

Romania French Guiana Nauru 

Russian Federation Grenada New Caledonia 

Slovakia Guadaloupe Niue 

Slovenia Guatemala Northern Marianas Is. 

Taiikistan Guyana Palau 

Turkey Haiti Pitcairn Is. 

Turkmenistan Honduras Papua New Guinea 

Ukraine Jamaica Sal110a 

Uzbekistan Martinique Solomon Islands 

Yugoslavia. Fed. Rep. Mexico Tokelau 

Montserrat 

Tonga 

Netherland A nti lies Tuvalu 

Nicaragua 

Vanuatu 

Norfolk Is. Wake Is, 

Panama 

Wallis & Futuna Is. 

Paraguay 

Peru. 

Puerto Rico 

SI. Helena 

St. Kilts & Nevis 

SI. Lucia 

St. Pierre & Miquelon 

SI. Vincent & the 

Grenadines 

Surinarne 

Trinidad & Tobago 

Turks & Caicos Is. 

Uruguay 

US Virgin Is. 

.' 

... 

Venezuela 

~ 

-r /\

- ,---.----- 

le Info 

From: 

Sent: 

To: 

Cc: 

Subject: 

Attachments: 

•..'P" 

_k~/\ 


mikram@miti.gov.my,,,l(\.AV;:--'·' 

Thursday, February 14, 20134:32 PM '.y-Lv:) iJ G vvL I 

info@tariffcommission.gov.ph A'ln, I 

manila.anthony@matrade.gov.my; harman@matrade.gov.my; ) ';) cftJ 

manila.vivian@matrade.gov.my; noraini.abrahim@miti.gov.my; alltps@miti.govmy 

Fw: Preliminary Conference Order on the PETITION FOR EXTENSION OF IMPOSITION OF 

SAFEGUARD MEASURE ON TESTLlNER BOARD IMPORTS 

ORDER PRELIMINARY CONFERENCE SM PETIT10N FOR EXTENSION-TESTLlNER 

BOARD FEB 14 2013.doc 

Dear Sir/Madam, )'fJ-/1 ~ 

Greetings from the Ministry of International Trade and Industry Malaysia, Trade Practices S.p~tio~alaYSia'S 

Investigating Authority (lA) on Anti-Dumping) . tJ, >vU ..., 

We received the copy of the Preliminary Conference Order from our Embassy in Manila. 

We would like to register our interest in participating in this case. We would appreciate if our counterpart colleagues 

in the Philippines to provide us the necessary documents i.e questionnaires/petition etc. in advance as we may provide 

our feedback promptly. 

Appreciate also if the Philippines authority could copy to us any communication regarding this matter to 

alltps@miti.gov.my , as well as to our Malaysian representative in MATRADE Manila. MATRADE office will act on behalf 

of the Ministry in any necessary occasion in the Philippines. 

Please do not hesitate to contact myself if the Philippines authority require any information from our side and vice-versa. 

Aprreciate if MITI could keep in constant communication with the Philippines lA regarding this case. 

If necessary, may we have the contact details of the official in-charge for the matter for future communication. 

You cooperation 

much appreciated. 

Thank you 

Regards, 

Muhd Ikram Zulkurnain 

Trade Practices Section 

Ministry of International Trade and Industry Malaysia (MITI) 

Tel. No. : + 603- 6200 2122 Fax No. : 03-6201 6394 

m--rashidi@miti.gov.my 

wrote: m __ 

To: info@tariffcommission.gov.ph 

From: rashidi@miti.gov.my 

Date: 02/05/2013 04:40PM 

cc: manila.anthony@matrade.gov.my, noraini.abrahim@miti.gov.my, alltps@miti.gov.my 

Subject: Fw: NOTICE OF FORMAL INVESTIGATION- PETITION FOR EXTENSION OF IMPOSITION OF SAFEGUAR[ 

MEASURE ON TESTLlNER BOARD IMPORTS 

Dear SirlMadam, 

I would like to'refer 

- 

to the notice of formal investigation on safeguard measure on testliner board issued on 4th February 

2013. Ministry of International Trade and Industry (MITI), Malaysia hereby would like to request a copy (softcopy) of the 

formal petition and relevant questionnaire for our perusal. \ 

_.... ". . 

-I ,; , 

.. 

1 

I 

L

dank you. 

Regards, 

.peration 

much appreciated. 


RASHIDI SAID (Mr.) 

Senior Principal Assistant Director 

Trade Practices Section 

Multilateral Trade Policy and Negotiations Division 

Ministry of International Trade and Industry 

Block 10, Government Offices Complex 

50622 Jalan Duta, KUALA LUMPUR 

Tel: 603-62000125 

-----Forwarded by Anthony B. Rivera/MANI LNMATRADE on 02/04/2013 04:52PM ----- 

To: , "'rk-referendar1@man:.auswaertiqesamt.de'''@gateway08.websitewelcome.com, 

, , ~ 

, , , 

, , , , 

, , , 

, , , 

, , , , , ,







4805.25.10 

4805.25.90 



TESTLlNER BOARD INDUSTRY), 

Petitioner. 


(R.A. No. 8800) 

SG. INV. No. 01-2013 ..,. 


Pursuant to paragraph 2, Section 4 of Commission Order No. 00-02 

(Rules and Regulations to Govern the Conduct of Investigation by the Tariff 

Commission (TC) pursuant to Republic Act No. 8800), this Commission 

hereby issues this Order covering the following matters that were taken up 

and agreed upon by the parties present during the Preliminary Conference 

held on February 12, 2013. 

SCHEDULE 

ACTION REQUIRED DATE 

SUBMISSION OF POSITION PAPERS / INITIAL Until February 20, 

MEMORANDA / DOCUMENTARY EVIDENCE BY 2013 

IrHE PARTIES 

IrC DATA VERIFICATION/PLANT VISITS Starts on February 

13,2013 

SUBMISSION OF SUPPLEMENTAL INFORMATION Until March 6, 2013 

AND ADJUSTMENT PLAN 

ISSUANCE OF STAFF REPORT (NON- Until March 11, 

CONFIDENTIAL) 2013 

SUBMISSION OF COMMENTS ON TC STAFF March 12-18, 2013 

REPORT AND ISSUES OTHER THAN PRODUCT 

COMPARABILITY AND VOLUME OF IMPORTS 

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SUBMISSION OF AFFIDAVITS OF WITNESSES March 12-18, 2013 

~C PUBLIC HEARING April 1-5, 2013 

SUBMISSION OF AMENDED POSITION PAPERS April 08-12, 2013 

ENTRY OF APPEARANCE I LIST OF INTERESTED PARTIES 

All interested parties (petitioner/ oppositor /other interested parties)," 

regardless of whether they were present at the preliminary conference or not, 

are enjoined to formally enter their appearance through a Motion filed with the 

Commission indicating their names, addresses and contact details (telephone 

and fax numbers, e-mail addresses) including the name, address and contact 

details of their counsel, if represented by one. Notices will be served only to 

those who manifested their interest through the filing of a Motion. 

The parties are required to inform the Commission of their alternate 

and/or collaborating counsels aside from their Counsels of Record to avoid 

delays in the conduct of the public hearing. The Commission should be 

informed immediately about any change of counsel through a Notice of 

Change of Counsel issued by the new counsel. 

SUFFICIENT 

NOTICE 

mail. 

latter. 

Parties shall be notified either by fax, e-rnail, personal delivery or by 

A notice to counsel representing a party is considered notice to the 

ACCESSIBILITY 

OF DOCUMENTS 

Documents submitted to the Department of Trade and Industry (DTI) 

that are not marked confidential and those similarly unmarked to be submitted 

to the Commission as the investigation progresses will form part of the public 

file. Two (2) copies of said documents will be made available, one for the 

petitioner or those in support of the application and the other for the oppositor 

of the application. 

Documents from the public file may be reproduced at cost at the Tariff 

Commission upon request by interested parties from any member of the 

technical staff of the Commission. 

2


In cases where voluminous documents are submitted to the 

Commission, the requirement of service to the parties is waived as long as the 

submitting party files a Motion to Admit/Deposit with the Commission the said 

voluminous documents together with their consent to make the same 

available for review, examination and/or reproduction by the other parties. ~. 

CONFIDENTIALITY 

OF DOCUMENTS 

Parties which submit documents marked confidential should provide a 

public version of the same. The confidentiality of documents submitted to the 

Commission by any of the parties and marked as such, shall be assured. The 

Commission, however, reserves the right to declassify certain documents' 

submitted by any of the parties and marked as confidential, as nonconfidential. 

All documents and evidence submitted to the Commission not 

marked as confidential will be made available in the public file. 

SUBMISSION OF POSITION PAPERIS 

Interested parties are given until February 20, 2013 to submit four (4) 

copies of their respective position papers, all documentary evidence and other 

information in support of their position. These submissions are deemed 

preliminary or supplementary for purposes of the Commission's investigation. 

Copies of these submissions should be served to the other parties. Final 

submission of amended position papers by the parties, if any, shall be from 

April 08-12, 2013. 

ADDITIONAL 

DATA 

The Commission, in the course of the investigation, may request 

additional data from all parties which are to be verified by the investigating 

team. Ocular inspection and/or plant visits will also be conducted as 

scheduled in the indicative dates above. 

ADJUSTMENT 

PLAN 

The adjustment plan to be submitted by the petitioner for the .extension 

of the imposition of the safeguard measure shall provide a clear quantification 

of its proposed goals and detail the efforts that the domestic industry and 

other concerned parties will make to place the domestic industry in a more 

competitive position vis El vis import competition. Submission shall be until 

March 06, 2013 .: 

'of" \, \ 

3

ANNEX "H-6 

ḷ 

PUBLIC 

HEARING 

Public hearing shall be from April 01-05, 2013. Once commenced, the 

public hearing shall continue as scheduled with morning and afternoon 

sessions, if necessary. 

All parties are required to be present on the first day of the public 

hearing. 

As clarified during the preliminary conference,· issues for discussionduring 

the public hearing shall be limited to the following: 

a. the presence and extent of serious injury or the threat thereof 

to the domestic industry that produces like or directly 

competitive product, and 

b. the existence of a causal relationship between the increased 

imports of the product under consideration and the serious 

injury or threat thereof to the domestic industry. 

WITNESSES TO BE PRESENTED DURING THE PUBLIC HEARING 

Parties were notified on the need to present witnesses that will testify 

on the determination of serious injury or threat thereof, as well as on the 

petitioner's adjustment plan. 

SO ORDERED. 

Issued at Quezon City, Metro Manila, February 13, 2013 

EDGARDO B. ABON 

Chairman 

\ 

TC Info ~NEX "H-7" 

From: 

Sent: 

To: 

Cc: 

Subject: 

manila.anthony@matrade.gov.my Je-- ! ,{ 

Thursday, February 14, 2013 12:00 PM -) 1 J/ t J ( jJ,(J. I 

TC Info , . 

harman@matrade.gov.my; manila.vivian@matrade.gov.my th i(" S cq/~ 

Re: PETITION FOR EXTENSION OF SAFEGUARD MEASURE ON TESTtINER 

IMPORTS-PRELIMINARY CONFERENCE ORDER 

BOAF/{D 

Dear Sir/Madam, 

Received with many thanks, 

Anthony B. Rivera 

Embassy of Malaysia 

Trade Office (MATRADE) Manila 

-----"TC Info" wrote: ----- 

To: , '"rk-referendarl@man:.auswaertiqesamt.de'''@gateway16. 

websitewelcome.com, , , 

, , 

, < rng quest@hotmail.com>, , 

, , , 

< mayelat@uppc.com,ph>, , , 

, , , 

, < b.lombard@cepi.org>, , 

, , , 

, , , , 

, , 

, , , 

, < mpmt@mpmsb.com>, , 

 

From: "TC Info" 

Date: 02/14/2013 10: 19AM 

cc: , , , 

, , , 

< kirby.ong@bataan2020.net>, 

Subject: PETITION FOR EXTENSION OF SAFEGUARD MEASURE ON TESTLINER BOARD IMPORTS- 


Dear Sir and Madam: Please acknowledge 

the receipt of this e-mail. 

Thank you. 

[attachment"i'ORDER PRELIMINARY CONFERENCE SM PETITION FOR EXTENSION TESTLINER BOARD 

FEB 14 2013.docx" removed by Anthony B. Rivera/MANILA/MATRADE] 

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H i\ NI i 1\ 

20 March 2013 

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Atty. Edgardo 13. Ahon 

Chairman 

Tariff Commiss ion 

S F Philippines I lcart Ccntcr 

East Avenue. Diliman 1 lOO 

Quezon City 


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RE: TARIFF COMMISSION'S STAFF REPORT ON THE PETITION 

TO EXTEND SAFEGUARD MEASURE ON TESTLINER BOARDS 

I refer to your letter dated 12th March 2013 that furnishes a staff report 

on the petition 01' the PP MAl for the extension of the imposition of a definitive 

safeguard .mcasure against the importation of testlincr boards (under AHTN 

codes 480S.24.00. 480S.2S.10 and 4805.2S.90). 

We note that based on the data provided, Singapore's share of 

Philippines' imports falls within the de minimis threshold for the period under 

review (2010 to 2012) We 'Ni11 continue to monitor the situation and look 

for" .rrd to a fair outcome. 

v 

Thank 

you. 

YC')' 

, sincerely, 

CRETARY (POLITICAL) 

/ ~ q/

Te Info 

From; 

Sent: 

To: 

Subject: 

ANNEX ,,~, 

~ll; 

Yeoh Khoon Tat [ktyeoh@mpmsb,com] 

Thursday, February 14, 201310:23 AM n ~ \" 

1:-."1 1,-1 ( C 

A-Y;;j 

TC Info 

I 

Out of Office: PETITION FOR EXTENSION OF SAFEGUARD MEASURE ON 

TESTLlNER BOARD IMPORTS-PRELIMINARY CONFERENCE ORDER 

Dear All, 

Please to note that office will be close for Chinese New Year holiday start from 8th Feb until 13 

Feb. 

I will be back to office seat on 15th Feb. 

Thanks for the kind attention. 

\/Vii:.' i}::lve t;lvpn ih(~ l~eGflSsary precautions to nvnunize the risks 01"transrnitlin~) software viruses, but advise you to carry out your own virus checks on an 

.]ii'V.~~\mf:;p.;{~'t to 1Ilh:-,nH.~~>::};:·\qr:~ V'if~ \'v'ln not accept h:~rJility tor any loss or di.1tllf.loe caused by softwaf(:~ viruses 

L!~gat D;5C!ailnel. 1!1C,' Infolln;1I.,on contnineo in this rnes5aw~ 1l1JY be pnvilcqco and conndcnua! 11is intended to b(~ Wild only by the Inejiv,(IUill (If entity li 

whom if is lI(j,jressc(j or by Uleir dosiqneo. !f lhp. reader or this mcssaqo i~;not the mtendeu recipient. you are on notice that any distnbulior. of ttlis mess. 

,n anv to I'III , is s:rlctly prohibited. If you have received this messaqc in error, please im:nedi

e Info 

From: 

Sent: 

To: 

Cc: 

Subject: 

Attachments: 

Importance: 

Bernard Lombard [b.lombard@cepi.org] 

Thursday, March 28, 2013 11:20 PM 

TC Info 

Bernard Lombard; Spielmann Klaus \ , 

RE: STAFF REPORT ON THE FORMAL INVESTIGATION ON THE PETITION FOR 

EXTENSION OF SAFEGUARD MEASURES ON IMPORTS OF TESTLlNER BOARD 

FROM VARIOUS COUNTRIES 

130320 Philippines Dept Trade and Industry safeg investig CEPI comments.pd;;/X . / 

image001.jpg ~;{).r- I j ..le: 2

.ocd day, please find the attached Staff Report regarding the above subject matter. Kindly I{~~~~e,~~ ~~~~ 

thereof. 

Thank you. 

When you print this email, please recycle it. Paper is recyclable and the natural support of ideas www.paperonlille.org 

2

A. A. 

cepi 

conrederanon of 

ouropoan papor indusutos 

Mr. Bernard Lombard 

Trade & Competitiveness Director 

CEPI aisbl 

250, avenue Louise, box 80 

1050 Brussels 

Belgium 

250 AvcnJ.\NEX "H -1 0" 

6-1050 Brussels, Belgium 

T(!I +32 2 627 49 11 

Fax +3226460137 

www.cepi.org 

www.poperonune.org 

www.paperrecovery.org 

Mr. Luis M. Catibayan 

Bureau of Import Services 

Department of Trade & Industry 

3F Tara Building 

361 Senator Gil Puyat Avenue 

1200 Makati City 


Brussels, Wednesday 28 March 2013 

Dear Sir, 

Re. Staff report on the formal investigation on the petition for extension of safeguard 

measures on imports of testliner board from various countries - CEPI comments 

On 11 March, Philippine Department of Trade and Industry released a Staff Report related to 

the safeguard measures imposed on the imports of testliner board since 2009. 

CEPI - the Confederation of European Paper Industries - represents the pulp and paper 

industry based in Europe, which accounts for about 95% of the total European capacities. 

CEPI has examined the Staff report and would like to make some comments on it. 

We want to thank you for taking into account these comments and remain at the disposal of 

your Services should they require more information about CEPI and more explanations about 

these comments. Please confirm that you have well received this letter. 

Kind regards, 

/) 

'1/ /) ( I 

/ rJ--(}4A ~rx7/' 

'--,----.---~- 

Bernard Lombard 

Trade & Competitiveness 

Director 

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cepi 

ANNEX "H-1 0" 

CEPI's comments 

Regarding the Staff report on the formal investigation on the petition for extension of 

safeguard measures on imports of testliner board from various countries 

1) The application was filed by only one company - United Pulp and paper Co. Although 

this company represents about 63% of the domestic production (compared to 71% in 

2008), one can wonder why other companies did not join this initiative as "eopetitioners". 

2) Although total imported volumes increased substantially since 2004, imports from El) 

has decreased dramatically since 2006 and have been divided by 7 to represent less 

than 2% of the total imports in 2008. Since 2010, the imports from the European 

countries have been at "zero". 

3) During the original investigation and also since the safeguard measures have 

been imposed, there has been some suspicion of dumping from domestic 

producers: "In 2008, the domestic industry was forced to sell below cost in order to 

match with import prices so as to secure volume from customers". "UPPC was forced to 

sell its testliner boards at a price lower than its cost to. produce and sell" (page 

5).Dumping is defined as such by WTO: "Occurs when goods are exported at a price 

less than their normal value, generally meaning they are exported for less than they are 

sold in the domestic market or third-country markets, or at less than production cost". 

4) One should note that exporters had, already before the safeguard measures are 

imposed, to face tariff barriers to enter Philippines market: a 7% tariff is applied 

for testliner board (48052400, 48052510 and 48052590). This had provided already ( 

some kind of protection to the local industry as it cannot really be considered as a low 

tariff rate. In contrast, EU markets have been fully open to imports since 2004 - no 

import tariff!! 

5) Foreign exporters are accused of dumping practices without providing any 

evidence, while local producers have acknowledged they have adopted this unfair 

behaviour. 

6) The domestic industry has increased its share of the local markets from 87% to 

95% and its volumes sold have increased by 17% between 2010 and 2012. During 

the same period of time, its capacity utilisation rate has remained pretty low: 75- 

80%, which has contributed to financial losses. 

7) The Philippines testliner board industry is structurally uncompetitive. As said in 

the context of the initial investigations, most of the raw material volumes 

consumed by the complainant are imported. This constitutes a serious handicap 

in terms of competitiveness, which most probably explains part or most of current 

complainant's difficulties. Together with the impact of the crisis, these are the 

main reasons of the local industry difficulties. "Philippine mills also have high 

operation costs, such as utility· cost and raw material cost, which make local mills 

uncompetitive to imported paper. Especially in 2008, which is the advent of the global 

economic crisis, these costs have increased tremendously, greatly affecting the local 

industry" (extract of the initial investigations report). The adjustment plan described 

and implemented by the domestic producers - profitability improvement, 

28103/2013 Page 2 of 3 

I 

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A. ..A. 

cepl 


"H-10" 

strengthen manufacturing capability and marketing improvements - demonstrates 

the weakness of the local companies due to their uncompetitive situation. 

8) The damaging effects of safeguard measures on the whole domestic industrial 

chain and all the customers should have been analysed in details and reflected in 

the report. 

As a summary, the European pulp and paper industry is of the opinion that despite the 

safeguard measures fixed by the Republic of Philippines, the local industry has not 

been able to restore its competitiveness, mainly because of structural factors. The 

lack of supporting elements in the alleged injury and causality analysis should be 

filled in. 

Therefore, we think that any extension of the safeguard measures, with lower duties, 

would not help the local industry, and particularly UPPC to return to a profitable 

situation. An end should be put to these safeguard measures in June 2013. 

of 

-or / 

28/03/2013 Page 3 of 3

ANNEX "A" - Philippine Tariff Commission

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