NOTIFICATION
UNDER ARTICLE 12.1(C) OF THE AGREEMENT ON
SAFEGUARDS UPON TAKING A DECISION TO APPLY
OR EXTEND A SAFEGUARD MEASURE
NOTIFICATION
PURSUANT TO ARTICLE 9, FOOTNOTE 2
OF THE AGREEMENT ON SAFEGUARDS
Philippines
Cement
The following communication, dated and received on 15 December 2025, is being circulated at the request of
the delegation of the Philippines.[1]
_______________
Further
to _G/SG/N/7/PHL/14 - _G/SG/N/8/PHL/16 - _G/SG/N/11/PHL/17
dated 26 February 2025 and pursuant to Article 12 and Article 9 of the WTO
Agreement on Safeguards, the Permanent Mission of the Philippines to the WTO
hereby notifies the Committee on Safeguards that a decision to apply a
definitive safeguard measure on the importation of Ordinary Portland Cement
(OPC) and Blended Cement from various countries has been made.
1. Provide evidence, citing
relevant data and the applicable period of investigation of serious injury or
threat thereof caused by increased imports.
The
surge in imports of cement (OPC Type 1 and blended cement), which commenced in
2023, directly caused the deterioration in the overall position of
the domestic cement industry in 2023 and 2024. In particular, increased
volumes of cement imports by traders prevented the domestic industry from
improving its performance.
The
decline in the domestic cement industry's performance due to the surge in
imports of subject cement products by traders starting in 2023 was evidenced by
the following:
(i) Imported cement strengthened its market
presence during the period of import surge. From only 5% in 2022, the
share of "trade remedy-free imports" (i.e., imports not already
subject to anti‑dumping duties) spiralled to 24% in 2023 and further to
28% in 2024 even though demand was generally steady. Since imports cornered
growing shares in a stable market, the domestic cement industry's market
position consequently deteriorated to a low of 72% in 2024.
(ii) Due to the influx of cement imports in 2023
and 2024 despite a stable market environment, domestic sales and production of
the local cement industry were curtailed and thus shrank to their lowest
levels.
(iii) Although the domestic cement industry
installed additional capacities in 2020 in anticipation of higher demand in the
future, the surge in imports in the final two years of the period of
investigation (POI), which displaced domestic sales since demand had not grown,
forced the industry to scale back on production, causing utilization rates to
fall below 60% for the first time.
(iv) While the local cement industry was the
dominant player in the domestic cement market, this was possible only because
of the pricing strategy it implemented (e.g., selling below cost to produce and
sell) to tackle price undercutting of cement imports by traders throughout the
POI. Said pricing strategy proved costly as it caused a financial turnaround to
significant losses from operations. Operational losses hinder the industry's
ability to deliver adequate shareholder returns, hence undermining its ability
to raise capital for further expansion, modernization, and long-term
sustainability.
2. Provide information on
whether there is an absolute increase in imports or an increase in imports
relative to domestic production (please see also Article 2.1 for the context).
Ordinary
Portland Cement and Blended Cement is being imported into the Philippines in
increased quantities, both in absolute terms and relative to domestic
production, starting in 2023. The increase in the volume of imports was recent,
sudden, sharp, and significant.
Following
the lifting of the imposition of the safeguard duties on cement (Type 1 and
Type 1P) in October 2022, the volume of importations of the cement products
covered in this investigation (OPC Type 1 and blended cement) that were not
subject to the ongoing imposition of anti-dumping duties on cement (Type 1 and
Type 1P) imported from Viet Nam surged to 5.45 million MT, or by 460%, in 2023.
The following year, these imports increased by another 14% to 6.20 million MT.
Total imports of cement (whether imposed with anti-dumping duties or not)
peaked at 7.55 million MT in 2024.
The
movements in the shares of imports relative to production confirm that
increased importations commenced in 2023. Excluding imports already subject to
anti-dumping duties, the share of cement imports to domestic cement production
hiked to 32% in 2023 and further to 37% in 2024 when safeguard duties were no
longer in effect, from only 5% in 2022. The share of imports of cement (whether
imposed with anti-dumping duties or not) reached a highest level of 45% in
2024.
3. Provide the precise
description of the product involved.
Cement
Ordinary
Portland Cement under ASEAN Harmonized Tariff Nomenclature (AHTN) Code
2523.29.90 and Blended Cement under AHTN Code 2523.90.00.
HS
code(s): 2523.29.90, 2523.90.00
4. If the final measure
replaces a provisional measure, or if a final measure is extended, a Member is
encouraged to provide a written description of any part of the imported product
that will no longer be subject to the measure and the Harmonized System numbers
under which it enters at least at a 6-digit level, and at a sub-national level
(e.g., 8-digit, 9-digit or 10-digit level) if practicable.
5. Provide precise description
of the proposed measure.
Tariff
Increase - Specific
The
Order provides for the imposition of definitive general safeguard measure in
the amount of PHP14.00/40kg bag or PHP349.00/MT for the first year of the
implementation period. The amount of the measure shall be subject to regular
review to give the Department of Trade and Industry (DTI) the opportunity to
modify the amount of the duty, if necessary.
6. Provide
proposed date of introduction of the measure.
The Order shall take effect upon the issuance
of the relevant Customs Memorandum Order (CMO) or Customs Memorandum
Circular (CMC) by the Bureau of Customs. The Order signed by the Secretary
of DTI was published in two (2) newspapers of general circulation on 21
October 2025.
7. Provide
expected duration of the measure.
The safeguard measure shall be imposed on
imported Ordinary Portland Cement and Blended Cement from various countries for
a period of three (3) years.
8. For a measure with a
duration of more than three years, provide the proposed date for the review
(under Article 7.4) to be held not later than the mid-term of the measure, if
such a date for the review has already been scheduled.
N/A
9. If the expected duration is
over one year, provide expected timetable for progressive liberalization of the
measure.
The
three-year imposition period of the definitive general safeguard measure is
from 2025 to 2028. The imposition will take place upon the Bureau of Customs'
issuance of the Customs Memorandum Circular/Order. The amount or rate of
the measure shall be subject to regular review to give DTI the opportunity to
modify the amount of the duty, if necessary.
10. The major exporting Members
of imports of the product involved.
China;
Indonesia; Japan; Viet Nam
11. Specify the developing
countries to which the measure is not applied under Article 9.1 of the
Agreement on Safeguards, and the import shares of these countries individually
and collectively.
Afghanistan; Albania; Algeria;
American Samoa; Angola; Anguilla; Antigua and Barbuda; Argentina; Armenia;
Aruba, the Netherlands with respect to; Azerbaijan; Bahamas; Bahrain, Kingdom
of; Bangladesh; Barbados; Belarus; Belize; Benin; Bermuda; Bhutan; Bolivia,
Plurinational State of; Bosnia and Herzegovina; Botswana; Brazil; British
Indian Ocean Territory; Brunei Darussalam; Bulgaria; Burkina Faso; Burundi;
Cabo Verde; Cambodia; Cameroon; Cayman Islands; Central African Republic; Chad;
China; Christmas Island; Cocos (Keeling) Islands; Colombia; Comoros; Congo;
Cook Islands; Costa Rica; Côte d'Ivoire; Croatia; Cuba; Cyprus; Democratic
Republic of the Congo; Djibouti; Dominica; Dominican Republic; Ecuador; Egypt;
El Salvador; Equatorial Guinea; Eritrea; Eswatini; Ethiopia; Falkland Islands
(Islas Malvinas); Fiji; French Guiana; French Polynesia; Gabon; The Gambia;
Georgia; Ghana; Greenland; Grenada; Guadeloupe; Guam; Guatemala; Guinea;
Guinea-Bissau; Guyana; Haiti; Honduras; Hong Kong, China; India; Indonesia; Iran;
Iraq; Jamaica; Johnston Island; Jordan; Kazakhstan; Kenya; Kiribati; Korea,
Democratic People's Republic of; Kuwait, the State of; Kyrgyz Republic; Lao
People's Democratic Republic; Lebanese Republic; Lesotho; Liberia; Libya;
Macao, China; Madagascar; Malawi; Malaysia; Maldives; Mali; Malta; Marshall
Islands; Martinique; Mauritania; Mauritius; Mexico; Micronesia, Federated
States of; Midway Islands; Moldova, Republic of; Mongolia; Montserrat; Morocco;
Mozambique; Myanmar; Namibia; Nauru; Nepal; Netherlands Antilles (incl. Aruba);
New Caledonia; Nicaragua; Niger; Nigeria; Niue; Norfolk Island; North
Macedonia; Northern Mariana Islands; Oman; Pakistan; Palau; Panama; Papua New
Guinea; Paraguay; Peru; Pitcairn; Puerto Rico; Qatar; Reunion; Romania; Russian
Federation; Rwanda; British Overseas Territory of Saint Helena, Ascension and
Tristan da Cunha; Saint Kitts and Nevis; Saint Lucia; Saint Pierre and
Miquelon; Saint Vincent and the Grenadines; Samoa; Sao Tomé and Principe; Saudi
Arabia, Kingdom of; Senegal; Seychelles; Sierra Leone; Singapore; Solomon
Islands; Somalia; South Africa; Sri Lanka; Sudan; Suriname; Syrian Arab
Republic; Chinese Taipei; Tajikistan; Tanzania; Thailand; Timor-Leste; Togo;
Tokelau; Tonga; Trinidad and Tobago; Tunisia; Türkiye; Turkmenistan; Turks and
Caicos Islands; Tuvalu; Uganda; Ukraine; United Arab Emirates; Uruguay;
Uzbekistan; Vanuatu; Venezuela, Bolivarian Republic of; Virgin Islands,
British; Virgin Islands, US; Wake Island; Wallis and Futuna Islands; West Bank
and Gaza; Yemen; Zambia; Zimbabwe.
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[1] A copy of the DTI Administrative Order has been submitted
electronically. To consult this document please contact Ms Richards (anne.richards@wto.org) of the Rules Division.