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Philippine Business Magazine: Volume 10 No. 5 - Updates

Local Advantage

The local cement industry has a reason to celebrate. The Court of Appeals (CA) ruled in June that the Department of Trade and Industry, not the Tariff Commission, has the final say on the outcome of Philippine Cement Manufacturers Corporation’s (PHILCEMCOR) safeguard petition against cement importers.

PHILCEMCOR, an industry association which counts as its members about eighty percent of the country’s cement manufacturing firms, invoked the provisions of Republic Act 8800 (Safeguard Measures Law) in its petition against cement imports that it purports to have caused injury to the local cement manufacturing industry. The safeguard petition was filed almost right after RA8800 took effect in late 2000. RA 8800 aims to protect local industries from foreign competition by slapping provisional or definitive safeguard measures in the form of additional import duty, and even quantitative restriction.

The DTI is the agency that will do preliminary investigation on a safeguard petition filed by industrial sectors. If and only if DTI comes up with positive preliminary findings pertaining to the petition would Tariff Commission be asked to do a definitive or final investigation of the case.

In the case of PHILCEMCOR’s safeguard petition, DTI’s preliminary findings had it that there was sufficient ground to subject the case to the final investigation of the Tariff Commission. Unfortunately, the Commission concluded that the safeguard petition lacked merit. This could have meant the lifting of the additional tariff burden on cement imports. However, the aforesaid CA’s intervention, sought by Philcemcor, has it that the findings of the Commission do not necessarily constitute a final decision, and that the DTI Secretary has the discretion to render a final decision, either affirming or reversing the report of the Commission.

As a result of this development favoring the local industry, the DTI was able to order, effective July 17, the continuance of the safeguard measure against cement imports – this time a definitive or final one, not just provisional tariff – for the next three years. The maximum initial period for the application of the safeguard measure is four years, including the period when the provisional relief was in effect. In return for this “protection” extended by the Trade Department, the local industry has to follow its adjustment master plan to facilitate positive adjustment to import competition, especially when the time comes when the definitive safeguard duty on imports would have been lifted.


 Signals
The slowdown in consumer prices for five consecutive months reversed in June when inflation rate reached a 13-month high of 3.4% from 2.7% the previous month as food, beverage and tobacco prices expanded faster by 2.7% from 1.8% in May. This is partly owed to the fact that three typhoons pushed up the inflation rate for vegetables and fruits to 6.6% and moved fish prices up to 2.1%. Also, after twelve straight months of declining electricity rates, a higher 5.8% inflation rate for power was posted in June due to the depreciation of the peso-dollar exchange rate. Meantime, as expected, the school opening raised inflation for clothing index to 2.3% from 1.9%. Ironically, however, the inflation rate for the educational services sub-index slowed down to 7.3% from 8.2% in the previous five months.
The fiscal deficit shrank 33.5% to P79.6 billion in the first semester from P119.7 billion a year ago - favorably below the projected P102.2 billion deficit for the period. This is partly made possible by a 14.9% expansion to P306.3 billion in government revenues, surpassing the P285.5 billion revenue target. The Bureau of Internal Revenue’s (BIR) P209.9 billion collection surpassed its P209.2 billion target as well as its P188.7 billion collection a year ago. The Bureau of Customs likewise performed better than expected, collecting P53 billion out of a P47.5 billion goal, and was 19.4% higher over last year’s P44.4 billion collection. On the expenses side, while current operating expenditures increased 6.4% to P333.4 billion from P313.3 billion, capital outlays decreased 28.3% to P49.8 billion from P69.3 billion.
Despite the drag on imports from the SARS outbreak and the war in Iraq, overall imports expanded 12.8% in the first five months, a turnaround from a 4.9% contraction in the same period a year ago. In January to May, total imports reached US$15.6 billion from US$13.9 billion last year. With merchandise exports of US$14.0 billion, the trade deficit, however, widened to US$1.6 billion in the said period from same period of last year’s US$99 million.
The ratio of non-performing loans among commercial banks improved to 15.4% in May from 15.5% in April and 18.4% in May 2002. The level of NPLs rose to P257.0 billion versus May of last year’s P305.5 billion. Notably, despite the continuous build-up of non-performing assets, the Bangko Sentral reported that the NPA ratio slightly improved to 13.66% in May from 13.72% the previous month and 15.1% in May 2002. Non-performing assets expanded to P446.3 billion in May from P442.6 billion in April but declined from P473.6 billion in May 2002.
Growth in domestic liquidity accelerated from 2.5% in April to 4.0% in May attributable to the expansion in domestic credits and net foreign assets. This development is accompanied by improvements in domestic demand, particularly domestic spending and manufacturing volume of production.


 
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