Pursuant to instructions contained in the 1st Indorsement dated 29 April 2002 of the Department of Finance relative to Safeguard Case No. 01-2001 RE: APPLICATION FOR GENERAL SAFEGUARD MEASURES AGAINST THE IMPORTATION OF CERAMIC FLOOR AND WALL TILES FROM VARIOUS COUNTRIES wherein the Department of Trade and Industry imposed safeguard duties against ceramic tiles importations and mentioned in CMO No. 4-2002 dated 9 January 2003 and CMC No. 168-2002 dated 23 May 2003.

1. Except as otherwise provided, a definitive safeguard duty shall be imposed against all importations of ceramic floor and wall tiles from various countries as follows:

a. P5.40 per kg for the 1st year beginning 9 January 2002 up to 9 January 2003;
b. P4.30 per kg for the 2nd year beginning 10 January 2003 up to 10 January 2004;
c. P3.50 per kg for the 3rd year beginning 11 January 2004 up to 11 January of 2005.

2. The abovementioned safeguard duty shall not be imposed on the following: 

a. Importations from Japan and the member states of the European Union, which can not be considered like "product or directly competitive product" as defined in Sec. 4 of RA 8800; 

b. Importations from a developing country if its total share to total Philippine imports of the said product is less than three percent (3%): Provided, however, that developing countries with less than three percent (3%) share collectively account for not more than nine percent (9%) of the total Philippine imports of the product concerned; 

c. Importations from following countries listed under 'ANNEX A'. (Text Available at Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City) 

All cash bonds that may have been imposed on shipments originating from countries listed above which entered in or are withdrawn from warehouses in the Philippines for consumption starting 9 January 2003 shall be immediately released to the importer.

3. A Certificate of Country of Origin shall be required to be submitted for all importations of ceramic floor and wall tiles in order to determine whether the importation is excluded from the imposition of the said duty. 

Any Order not consistent herewith is hereby repealed or modified accordingly.

For compliance.

Adopted: 16 May 2003

(SGD.) ANTONIO M. BERNARDO
  Commissioner