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.