Section 8Sec./Art. 8

Provisional Messages.- In critical circumstances, which would be difficult to repair, and pursuant to a preliminary determination that increased import are a substantial cause of, or threaten to substantially cause, serious injury to the domestic industry, the Secretary shall immediately issue, through the Secretary of finance, a written instruction the Commissioner of Customs authorizing the imposition of a provisional general safeguard measure.

Such measure shall take the from of a tariff increase, either ad valorem or specific, or both, to be paid through a cash bond set at a level sufficient to redress or present injury to the domestic injury provided, however, that in the case of agricultural products where the tariff increase may not be sufficient to redress or to prevent serious injury to the domestic producers or producers, a quantitative restriction may be set. The cash bond shall be deposited with a government depository bank and posted the bond.

The duration of the provisional measure shall not exceed two hundred (200) days from the date of imposition during which period the requirements of the subsequent section of this Act on the initiation of a formal investigation notification and consultation shall have been met provided, That the duration any provisional measure shall be counted as part of the initial period and any extension, of the definitive final safeguard measure.

When the provisional safeguard measure is in the from of a tariff increase, such increase shall not be subject or limited to the maximum level of the tariff as set forth in Section 401 (a) of the Tariff and Customs Code of the Philippines.