Philippines – No safeguard duty applied to Vietnamese HDPE products

General information

1. Type of case: Safeguard

2. Case No.: SG05-2020

3. Initiated Country: Philippines

5. Subjected Product: High-density polyethylene pellets and granules (“HDPE”)

6. AHTN Code: 3901.20.00

Updated procedure:

On 30 September 2022, the Secretary of the Philippine Department of Industry and Trade (“DTI”) issued a decision on the investigation of applying a global safeguard measure against imported High-Density Polyethylene pellets and granules (HDPE) (code AHTN 3901.20.00)

Prior to that time, on 28 July 2022, DTI, on the basis of the Tariff Commission’s Final Report on the Formal Investigation on the imposition of safeguard measures against the Subjected Product, issued Order No. 22-13 in the Series of 2022 in the matter of definitive general safeguard measure on the importations of HDPE.

Accordingly, with a view to modifying the development plan of the local HDPE industry, HDPE products imported from the majority of countries into the Philippines shall bear the safeguard tax for the period of 03 years from the date the Philippine Customs Authority orders tax collection. The amount of duty to be imposed throughout the implementing years can be referred to as: 1.338 Php/MT for the first year; 1.271 Php/MT for the second year; and 1.208 Php/MT for the last year.

However, as prescribed in the above-mentioned order, DTI clearly stated that developing countries with the negligible imported quantity listed in Annex A attached to the Order shall not be subject to the safeguard duty. Therefore, Therefore, Vietnam is not subject to safeguard duty since it is in the group of developing countries that are excluded due to the insignificant import volume.

In order to ensure the interests of all organizations and individuals involved in the case, ATIM LAW FIRM recommends organizations and individuals update the information of the case and actively participate in the investigation process. In case you need legal advice from an experienced and specialized third party, please contact us here.