RA 8800, Section 9- Safeguard duty against importation of cement.

2019-02-05 19:12:16

1.      Timelines-

a.       Date of publication of DAO 19-02, Series of 2019.

b.       Disposition of the case within sixty (60 ) days from effectivity of the DAO 19-02, Series of 2019. 

2.      Nature of Investigation

a.      Is this a quasi-judicial investigation?

b.      Can the Tariff Commission issue a Temporary Restraining Order pending formal investigation, and maintain status quo?

c.       The Philippine Competition Commission announced that the safeguard duty imposed by the DTI will be included in the investigation of complaints of cartel against the Cemap members.  Is the PCC investigation subjudice to the Tariff Commission investigation?

d.     Is there a right to cross examination of the representatives of the Department of Trade and Industry, members of the Cement Industry Association of the Philippines as well as the traders and importers?

e.      Can a regional trial court issue a TRO and /or a preliminary injunction against the Tariff Commission investigation upon  the petition  of a consumer group? 

3.      Appearance of counsel and parties

a.      Laban Konsyumer Inc. (LKI) thru Atty. Victorio Mario A. Dimagiba, AB, LLB, and LLM – the same entity that participated in the DTI investigation thru the submission of a position paper dated September 24, 2018 and acknowledged on October 2, 2018.

b.      We reserve the option to be represented by other counsels and economists who will volunteer their pro bono services to the LKI.

4.      Number of witnesses

a.      We reserve the opportunity to cross examine witnesses and documents of the manufacturers, importers /traders and the government regulators.

b.      We reserve to  present one (1 ) witness each , from the Bureau of  Philippine Standards  ( BPS ) and the Consumer  Protection Advocacy Bureau (  CPAB ) ,  both of the Department of  Trade and Industry.

c.       The CPAB representative to submit the prevailing prices for the past three (3) months, of the local cement plants and imported brands listed on the DTI E- Presyo, namely Ha Long, Grand Premium, Red Lion, Mayon, Northern Cement, Grand Pozzolan, Advance Eagle, Rizal, Republic, Holcim Excel, Apo and Mindanao, in the NCR and all key cities of the country‘s  regions.

d.     The BPS representative to submit a summary of test reports on product standards over the past three (3) months of the cement brands listed in paragraph c. 

5.      Notification

a.      LKI have not received a formal notification of the DTI decision as of today.

b.      What are the status of notification to trade entities?

c.       Status of publication in the Official Gazette.

6.      Accessibility of documents and file

a.      The investigation should ensure Freedom of Information.

b.      All data of the safeguard duty report as are indexed to confidentiality should be disclosed and furnished to all parties including the LKI.

7.      Confidentiality of documents

a.      The DTI, manufacturers and traders should waive any and all confidentiality of records. This ensure that consumer’s right and access to information is preserved at all times.

b.      There should be access to information and the investigation to all medium of media, such as the print, television, radio and social media.

8.      Submission of position papers and memoranda

a.      To be agreed by the parties, subject to the proposed 60 day timelines.

9.      Adjustment Plan

a.      What is this?

10.  Conduct of Inspection and Verification of Data

a.      Agree , with representatives of the parties , including the LKI

11.  Schedule of Public hearings /other activites

a.      To be determined by the Tariff Commission, subject to the proposed 30 day timeline 

12.  Other Matters

a.       Suggested Retail Prices of cement as per the DTI DAO subject of the Commission investigation.

b.      Is the safeguard duty exclusive of,  or inclusive,  of  Value Added Tax      (VAT ).

c.       Is the safeguard duty billed as a separate item in the official receipts to  be issued to  the consumers .

d.      The safeguard  duty  is imposed on a per ton basis. What is the duty  per bag of 40 kgs of cement.              

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