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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 1415 |
The Acting Commissioner of Customs
SUBJECT MATTER : Exempting from customs duties imported crude oil used for refining
petroleum products sold to the Philippine Air Lines for its domestic operations.
WHEREAS, under Republic Act No. 4271, as amended by Presidential Decree No. 1294, Philippine Airlines, Inc. is permitted to pay either a quarterly tax of two percent (2%) on its gross revenues or the basic corporate income tax, whichever is lower, in lieu of all taxes, duties, fees, and licenses of any kind, nature, or description levied, established or collected by any municipal, provincial, or national authority;
WHEREAS, in order to effectively implement the exemption from customs duties provided under the PAL franchise, as amended, there is need to clarify and facilitate the application of such exemption so as to authorize purchases by PAL, free of customs and ad valorem duties, of fuel and other petroleum products for use in its domestic operations.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and direct that:
1.
Crude oil imported by any local oil company, which has a contract with
PAL for supply of petroleum products for use in its domestic flights,
may be entered into the Philippines by such local company, without
previous payment of customs duties including the ten percent (10%) ad
valorem duty under E.O. 955, provided such imported crude oil shall be
used for refining into petroleum products which shall be sold to PAL
net of customs duty for its domestic operations under said supply
contract.
2. The
deduction of the customs duty on imported crude oil shall be undertaken
through the following procedure:
(a)
PAL shall furnish the local oil company with a certificate under oath
by an authorized corporate official attesting to its projected schedule
of product requirements or corresponding volumes, per month, to be used
for its domestic operations;
(b) The Import
Entry Declaration , as required under P.D. 1853 and implementing
regulation, shall be filed by the local oil company and shall include a
copy of the certificate of product requirement issued by PAL;
(c) The local
oil company, upon receipt of the abovementioned certificate and any
written confirmation submitted by PAL in compliance with paragraph 2
(d) hereof, shall attach such documents to the Import Entry and
Internal Revenue Declaration filed by such company for incoming oil
cargo. The oil company shall indicate in the Declaration that the
customs duty due on a designated number of barrels of crude oil in the
incoming shipment of crude oil covered by the said Declaration is to be
utilized to service the requirements of PAL and is exempt under Sec.
13(b) of R.A. 4271, as amended.
The
designated number of barrels of duty-exempt crude oil shall be
equivalent to the volume of products (on a
one-barrel-of-crude-oil-for-one-barrel-of-finished-product basis), as
established in the 1:1 ratio formula and certified as a requirement of
PAL for use in its domestic operations.
Shipments of imported crude oil
for processing and subsequent sale of refined-oil products to PAL for
its domestic operations shall be covered by separate commercial
invoices and bills of lading.
Imported crude oil, as well as
the resulting finished oil products for delivery to PAL, may be
commingled with other imported crude oil and finished- oil products
intended for domestic consumption, or for export, provided that
recording procedures are adopted and that other control measures are
instituted for the purpose.
(d) PAL shall
give written confirmation to the local oil company of the scheduled
volumes of petroleum-product requirements for the following month. The
local oil company shall then submit such written confirmation to the
Collector of Customs, together with the Import Entry and Internal
Revenue Declaration and the certificate required in paragraph 2(a)
hereof. The Declaration shall indicate the volume of crude oil entered
free from customs duty, adjusted in accordance with the written
confirmation.
(e) The
Collector of Customs concerned, or his authorized representatives,
shall verify on a monthly basis the data supporting duty-free entry of
crude oil and the equivalent products sold to PAL by examining invoices
and other similar documents evidencing actual volume of products
delivered to PAL by the local oil company.
If the volumes of products
actually delivered for the month fall short of, or exceed, the
confirmed volumes advised by PAL for the month, the local oil company
shall make corresponding adjustments in its duty payments for
forthcoming crude-oil shipments.
(f) Import
entries of shipments subject of this Order shall be placed under
Tentative Liquidation until verification has been made of the sales and
delivery to PAL of the oil supplies under the contract and upon
determination as correct the amount of customs duty rebated in relation
to the quantity of oil products sold to PAL.
3.
This Letter of Instructions shall take effect immediately.
Done in the City of Manila this 16th day of July in the year of Our Lord, nineteen hundred and eighty-four.
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Since 19.07.98.