TARIFF
AND CUSTOMS LAWS OF THE PHILIPPINES
This page features the full text of
Presidential
Decree No. 1464
A
DECREE TO CONSOLIDATE AND CODIFY ALL THE TARIFF AND CUSTOMS LAWS OF THE
PHILIPPINES
...
..
PRESIDENTIAL
DECREE NO. 1464
A
DECREE TO CONSOLIDATE AND CODIFY ALL THE TARIFF AND CUSTOMS LAWS OF THE
PHILIPPINES
chanrobles virtuallaw libraryred WHEREAS,
the Tariff
and
Customs Code of the Philippines known as Republic Act No. 1937 has
been amended by several Presidential Decrees dating back to the year
1972;chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
WHEREAS,
there exist in the said Code a substantial number of provisions
rendered
obsolete by subsequent issuances of amendatory laws, decrees and
executive
orders thereby making it imperative to consolidate, codify and
integrate
such amendatory laws, decrees and executive orders to harmonize their
provisions
for the proper guidance of the public and efficient administration
thereof;
chanrobles virtuallaw libraryred
WHEREAS,
there likewise exist in the said Code certain provisions which are
impractical
in application, thus, necessitating revision in order to infuse
flexibility,
keep pace with the changing needs and demands of trade and commerce as
well as strengthen the punitive force of the law against smuggling and
other forms of customs fraud.
chanrobles virtuallaw libraryred
NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the
Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
order
and decree as follows:chanroblesvirtuallawlibrary
Section
1. Codification of all Tariff
and Customs Laws. — All tariff and customs laws embodied in the present
Tariff and Customs Code and various laws, presidential decrees and
executive
orders including new amendments thereto made in this Decree, are hereby
consolidated into a single Code to be known as the Tariff and Customs
Code
of 1978 which shall form an integral part of this Decree. chanrobles virtuallaw libraryred
Sec.
2. Effectivity. — The provisions
of the Tariff and Customs Code of 1978 shall take effect immediately
without
prejudice, however, to effectivity dates of the various laws, decrees
and
executive orders which have so far amended the provisions of the Tariff
and Customs Code of the Philippines: Provided, however, that
the
tariff rates indicated in the previous executive orders are now hereby
considered statutory rates, except those which have been reduced to the
zero level, in which case the rates previous to the reduction will be
considered
the statutory rates.
DONE
in the City of Manila, this 11th day June, in the year of Our Lord,
nineteen
hundred and seventy-eight.
chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
TARIFF
AND CUSTOMS CODE OF THE PHILIPPINES
chanrobles virtuallaw libraryred
(As Amended
by Eexecutive Orders Nos.. 1, 2, 5, 8, 61, 94, 115, 116 & 148,
Series
of 1994)
chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
TITLE
1
IMPORT
TARIFFchanrobles virtuallaw libraryredSection
100. Imported Articles Subject
to Duty. — All articles, when imported from any
foreign
country into the Philippines, shall be subject to duty upon each
importation,
even though previously exported from the Philippines, except as
otherwise
specifically provided for in this Code in other laws.
Sec.
101. Prohibited Importations.
— The importation into the Philippines of the
following
articles is prohibited:chanroblesvirtuallawlibrary
(a) Dynamite,
gunpowder, ammunitions and other explosives, firearms and weapons of
war,
and parts thereof, except when authorized by law.
(b) Written
or printed articles in any form containing any matter advocating or
inciting
treason, or rebellion, or insurrection, sedition or subversion against
the Government of the Philippines, or forcible resistance to any law of
the Philippines, or containing any threat to take the life of, or
inflict
bodily harm upon any person in the Philippines.
(c) Written
or printed articles, negatives or cinematographic film, photographs,
engravings,
lithographs, objects, paintings, drawings or other representation of an
obscene or immoral character.(d) Articles,
instruments, drugs and substances designed, intended or adapted for
producing
unlawful abortion, or any printed matter which advertises or describes
or gives directly or indirectly information where, how, or by whom
unlawful
abortion is produced.
(e) Roulette
wheels, gambling outfits, loaded dice, marked cards, machines,
apparatus
or mechanical devices used in gambling or the distribution of money,
cigars,
cigarettes or other articles when such distribution is dependent on
chance,
including jackpot and pinball machines or similar contrivances, or
parts
thereof.
(f) Lottery
and sweepstakes tickets except those authorized by the Philippine
Government,
advertisements thereof, and lists of drawings therein.
(g) Any
article manufactured in whole or in part of gold, silver or other
precious
metals or alloys thereof, the stamps, brands or marks or which do not
indicate
the actual fineness of quality of said metals or alloys.
chanrobles virtuallaw libraryred
(h) Any
adulterated or misbranded articles of food or any adulterated or
misbranded
drug in violation of the provisions of the "Food
and Drugs Act."
(i) Marijuana,
opium, pipes, coca leaves, heroin or any other narcotics or synthetic
drugs
which are or may hereafter be declared habit forming by the President
of
the Philippines, or any compound, manufactured salt, derivative, or
preparation
thereof, except when imported by the Government of the Philippines or
any
person duly authorized by the Dangerous Drugs Board, for medicinal
purposes
only.(j) Opium
pipes and parts thereof, of whatever material.
(k) All
other articles and parts thereof, the importation of which prohibited
by
law or rules and regulations issued by competent authority. (As
amended
by Presidential Decree No. 34) Sec.
102. Abbreviations. —
The following abbreviations used in this Code shall represent the terms
indicated:chanroblesvirtuallawlibrary
ad
val. For ad valorem..chan
robles virtual law librarye.g. For
'exempli gratia' meaning 'for example'.
chanrobles virtuallaw libraryredi.e. For
'id est' meaning 'that is'hd. For
head.
kg For
kilogramme.
kgs. For
kilogrammes.
l For
litre.
g.w. For
gross weight.
l.w. For
legal weight.
n.w. For
net weight. Sec.
103. General Rules for the Interpretation
of the Harmonized System. — Classification of
goods
in the Nomenclature shall be governed by the following principles:chanroblesvirtuallawlibrary
1. The
titles of Sections, Chapters and Sub-Chapters are provided for ease of
reference only; for legal purposes, classifications shall be determined
according to the terms of the headings and any relative Section or
Chapter
Notes and, provided such headings or Notes do not otherwise require,
according
to the following provisions..chan
robles virtual law library2. (a)
Any reference in a heading to an article shall be taken to include a
reference
to that article incomplete or unfinished, provided that, as presented,
the incomplete or unfinished article has the essential character of the
complete or finished article.It
shall also be taken to include a reference to that article complete or
finished (or falling to be classified as complete or finished by virtue
of this Rule), presented unassembled or disassembled.chanrobles virtuallaw libraryred(b) Any
reference in a heading to a material or substance shall be taken to
include
a reference to mixtures or combinations of that material or substance
with
other materials or substances.Any
reference to goods of a given material or substance shall be taken to
include
a reference to goods consisting wholly or partly of such material or
substance.The
classification of goods consisting or more than one material or
substance
shall be according to the principles of Rule 3.3. When
by application of Rule 2 (b) or for any other reason, goods are, prima
facie, classifiable under two or more headings, classification shall be
effected as follows:chanroblesvirtuallawlibrary
(a) The
heading which provides the most specific description shall be preferred
to headings providing a more general description. However,
when two or more headings each refer to part only of the materials or
substances
contained in mixed or composite goods or to part only of the items in a
set put for retail sale, those headings are to be regarded as equally
specific
in relation to those goods, even if one of them gives a more complete
or
precise description of the goods..chan
robles virtual law library(b) Mixtures,
composite goods consisting of different materials or made up of
different
components, and goods put up in sets for retail sale, which cannot be
classified
by reference to 3(a), shall be classified as if they consisted of the
material
or component which gives them their essential character insofar as this
criterion is applicable.
(c) When
goods cannot be classified by reference to 3 (a) or 3 (b), they shall
be
classified under the heading which occurs last in numerical order among
those which equally merit consideration. 4. Goods
which cannot be classified in accordance with the above Rules shall be
classified under the heading appropriate to the goods to which they are
most akin.
.chan
robles virtual law library5. In
addition to the foregoing provisions, the following Rules shall apply
in
respect to the goods referred to therein:chanroblesvirtuallawlibrary
(a) Camera
cases, musical instrument cases, gun cases, drawing instrument cases,
necklace
cases and similar containers, specifically shaped or fitted to contain
a specific article or set of articles, suitable for long-term use and
presented
with the articles for which they are intended, shall be classified with
such articles when of a kind normally sold therewith.The
Rule does not, however, apply to containers which give the whole its
essential
character;
.chan
robles virtual law library(b) Subject
to the provisions of Rule 5(a) above, packing materials and packing
containers
presented with the goods therein shall be classified with the goods if
they are of a kind normally used for packing such goods.However,
this provision does not apply when such packing materials or packing
containers
are clearly suitable for repetitive use. 6. For
legal purposes, the classification of goods in the subheadings of a
heading
shall be determined according to the terms of those subheadings and any
related Subheading Notes and, mutatis mutandis, to the above Rules, on
the understanding that only subheadings at the same level are
comparable.For
the purposes of the Rule the relative Section and Chapter Notes also
apply,
unless the context otherwise requires. Sec.
104. All Tariff Sections, Chapters,
headings and subheadings and the rates of import duty under Section 104
of Presidential Decree No. 34 and all subsequent amendment issues under
Executives Orders and Presidential Decrees are hereby adopted and form
part of this Code.There
shall be levied, collected, and paid upon all imported articles the
rates
of duty indicated in the Section under this Section except as otherwise
specifically provided for in this Code: provided, that the maximum rate
shall not exceed one hundred per cent ad valorem.The
rates of duty herein provided or subsequently fixed pursuant to Section
four hundred one of this Code shall be subject to periodic
investigation
by the Tariff Commission and may be revised by the President upon
recommendation
of the National Economic and Development Authority.The
rates of duty herein provided shall apply to all products whether
imported
directly or indirectly of all foreign countries, which do not
discriminate
against Philippine export products. An
additional 100% across-the-board duty shall be levied on the products
of
any foreign country which discriminates against Philippine export
products.
The
tariff Sections, Chapters, headings and subheadings and the rate of
import
duty under Section one hundred four of this Code shall be as follows:chanroblesvirtuallawlibrary
.chan
robles virtual law library (This
portion containing the voluminous description of rates of import
duties,
has been deleted for the convenience of readers who are more interested
on the substantive provisions of the Code).chan
robles virtual law library
Sec.
105. Conditionally-Free Importations.
— The following articles shall be exempt from the
payment
of import duties upon compliance with the formalities prescribed in, or
with, the regulations which shall be promulgated by the Commissioner of
Customs with the approval of the Secretary of Finance; Provided, That
any
article sold, bartered, hired or used for purposes other than that they
were intended for without prior payment of the duty, tax or other
charges
which would have been due and payable at the time of entry if the
article
had been entered without the benefit of this section, shall be subject
to forfeiture and the importation shall constitute a fraudulent
practice
against customs revenue punishable under Section Thirty-six hundred and
two, as amended of this Code: Provided, further, That a sale pursuant
to
a judicial order or in liquidation of the estate of a deceased person
shall
be subject to the preceding proviso, without prejudice to the payment
of
duties, taxes and other charges: Provided, finally, That the President
may upon recommendation of the Secretary of Finance, suspend, disallow
or completely withdraw, in whole or in part, any of the
conditionally-free
importation under this section:chanroblesvirtuallawlibrary
a. Aquatic
products (e.g., fishes, crustaceans, mollusks, marine animals,
seaweeds,
fish oil, roe), caught or gathered by fishing vessels of Philippine
registry:
Provided, That they are imported in such vessels or in crafts attached
thereto: And provided, further, That they have not been landed in any
foreign
territory or, if so landed, they have been landed solely for
transshipment
without having been advanced in condition;
chanrobles virtuallaw libraryredb. Equipment
for use in the salvage of vessels or aircrafts, not available locally,
upon identification and the giving of a bond in an amount equal to one
and one-half times the ascertained duties, taxes and other charges
thereon,
conditioned for the exportation thereof or payment of the corresponding
duties, taxes and other charges within six (6) months from the date of
acceptance of the import entry: Provided, That the Collector of Customs
may extend the time for exportation or payment of duties, taxes and
other
charges for a term not exceeding six (6) months from the expiration of
the original period;chanrobles virtuallaw libraryredc. Cost
of repairs, excluding the value of the article used, made in foreign
countries
upon vessels or aircraft documented, registered or licensed in the
Philippines,
upon proof satisfactory to the Collector of Customs (1) that adequate
facilities
for such repairs are not afforded in the Philippines, or (2) that such
vessels or aircrafts, while in the regular course of her voyage or
flight
was compelled by stress of weather or other casualty to put into a
foreign
port to make such repairs in order to secure the safety, seaworthiness
or airworthiness of the vessel or aircraft to enable her to reach her
port
of destination;d. Articles
brought into the Philippines for repair, processing or reconditioning
to
be re-exported upon completion of the repair, processing or
reconditioning:
Provided, That the Collector of Customs shall require the giving of a
bond
in an amount equal to one and one-half times the ascertained duties,
taxes
and other charges thereon, conditioned for the exportation thereof or
payment
of the corresponding duties, taxes and other charges within six (6)
months
from the date of acceptance of the import entry;
e. Medals,
badges, cups and other small articles bestowed as trophies or prizes,
or
those received or accepted as honorary distinction;
f. Personal
and household effects belonging to residents of the Philippines
returning
from abroad including jewelry, precious stones and other articles of
luxury
which were formally declared and listed before departure and identified
under oath before the Collector of Customs when exported from the
Philippines
by such returning residents upon their departure therefrom and during
their
stay abroad; personal and household effects including wearing apparel,
articles of personal adornment (except luxury items), toilet articles,
portable appliances and instruments and similar personal effects,
excluding
vehicles, watercrafts, aircrafts, and animals purchased in foreign
countries
by residents of the Philippines which were necessary, appropriate and
normally
used for the comfort and convenience in their journey and during their
stay abroad upon proof satisfactory to the Collector of Customs that
same
have been in their use abroad for more than six (6) months and
accompanying
them on their return, or arriving within a reasonable time which,
barring
unforeseen circumstances, in no case shall exceed ninety (90) days
before
or after the owners' return: Provided, That the personal and household
effects shall neither be in commercial quantities nor intended for
barter,
sale or hire and that the total dutiable value of which shall not
exceed
two thousand pesos (P2,000.00): Provided further, That the returning
residents
have not previously received the benefit under this section within one
year from and after the last exemption granted: Provided furthermore,
That
a fifty (50) per cent ad valorem duty across the board shall be levied
and collected on the personal and household effects (except luxury
items)
in excess of two thousand pesos (P2,000.00): And provided, finally,
That
the personal and household effects (except luxury items) of a returning
resident who has not stayed abroad for six (6) months shall be subject
to fifty (50)per cent ad valorem duty across the board, the total
dutiable
value of which does not exceed two thousand pesos (P2,000.00); any
excess
shall be subject to the corresponding duty provided in this Code;
g. Wearing
apparel, articles of personal adornment, toilet articles, portable
tools
and instruments, theatrical costumes and similar effects accompanying
travelers,
or tourists. or arriving within a reasonable time before and after
their
arrival in the Philippines, which are necessary and appropriate for the
wear and use of such persons according to the nature of the journey,
their
comfort and convenience: Provided, That this exemption shall not apply
to articles intended for other persons or for barter, sale or hire:
Provided,
further, That the Collector of Customs may, in his discretion, require
either a written commitment or a bond in an amount equal to one and
one-half
times the ascertained duties, taxes and other charges conditioned for
the
exportation thereof or payment of the corresponding duties, taxes and
other
charges within three (3) months from the date of acceptance of the
import
entry: And Provided finally, That the Collector of Customs may extend
the
time for exportation or payment of duties, taxes and other charges for
a term not exceeding three (3) months from the expiration of the
original
period;
g-1. Personal
and household effects and vehicles belonging to foreign consultants and
experts hired by, and/or rendering service to, the government, and
their
staff or personnel and families, accompanying them or arriving within a
reasonable time before or after their arrival in the Philippines, in
quantities
and of the kind necessary and suitable to the profession, rank or
position
of the person importing them, for their own use and not for barter,
sale
or hire provided that, the Collector of Customs may in his discretion
require
either a written commitment or a bond in an amount equal to one and
one-half
times the ascertained duties, taxes and other charges upon the articles
classified under this subsection; conditioned for the exportation
thereof
or payment of the corresponding duties, taxes and other charges within
six (6) months after the expiration of their term or contract; And
Provided,
finally, That the Collector of Customs may extend the time for
exportation
or payment of duties, taxes and other charges for term not exceeding
six
(6) months from the expiration of the original period;
chanrobles virtuallaw libraryred h. Professional
instruments and implements, tools of trade, occupation or employment,
wearing
apparel, domestic animals, and personal and household effects belonging
to persons coming to settle in the Philippines or Filipinos and/or
their
families and descendants who are now residents or citizens of other
countries,
such parties hereinafter referred to as Overseas Filipinos, in
quantities
and of the class suitable to the profession, rank or position of
the persons importing them, for their own use and not for barter or
sale,
accompanying such persons, or arriving within a reasonable time, in the
discretion of the Collector of Customs, before or after the arrival of
their owners, which shall not be later than February 28, 1979 upon the
production of evidence satisfactory to the Collector of Customs that
such
persons are actually coming to settle in the Philippines, that change
of
residence was bona fide and that the privilege of free entry was never
granted to them before or that such person qualifies under the
provisions
of Letters of Instructions 105, 163 and 210, and that the articles are
brought from their former place of abode, shall be exempt from the
payment
of customs duties and taxes: Provided, That vehicles, vessels,
aircrafts,
machineries and other similar articles for use in manufacture, shall
not
be classified hereunder;chanrobles virtuallaw libraryredi. Articles
used exclusively for public entertainment, and for display in public
expositions,
or for exhibition or competitionfor
prizes, and devices for projecting pictures and parts and appurtenances
thereof, upon identification, examination, and appraisal and the giving
of a bond in an amount equal to one and one-half times the ascertained
duties, taxes and other charges thereon, conditioned for exportation
thereof
or payment of the corresponding duties, taxes and other charges within
six (6) months from the date of acceptance of the import entry;
Provided,
That the Collector of Customs may extend the time for exportation or
payment
of duties, taxes and other charges for a term not exceeding six (6)
months
from the expiration of the original period; and technical and
scientific
films when imported by technical, cultural and scientific institutions,
and not to be exhibited for profit: Provided, further, That if any of
the
said films is exhibited for profit, the proceeds therefrom shall be
subject
to confiscation, in addition to the penalty provided under Section
Thirty-six
hundred and ten as amended, of this Code;j. Articles
brought by foreign film producers directly and exclusively used for
making
or recording motion picture films on location in the Philippines, upon
their identification, examination and appraisal and the giving of a
bond
in an amount equal to one and one-half times the ascertained duties,
taxes
and other charges thereon, conditioned for exportation thereof or
payment
of the corresponding duties, taxes and other charges within six (6)
months
from the date of acceptance of the import entry, unless extended by the
Collector of Customs for another six (6) months; photographic and
cinematographic
films, undeveloped, exposed outside the Philippines by resident
Filipino
citizens or by producing companies of Philippine registry where the
principal
actors and artists employed for the production are Filipinos, upon
affidavit
by the importer and identification that such exposed films are the same
films previously exported from the Philippines. As used in this
paragraph,
the terms "actors" and "artists" include the persons operating the
photographic
cameras or other photographic and sound recording apparatus by which
the
film is made;
k. Importations
for the official use of foreign embassies, legations, and other
agencies
of foreign governments: Provided, That those foreign countries accord
like
privileges to corresponding agencies of the Philippines;
Articles
imported for the personal or family use of the members and attaches of
foreign embassies, legations, consular officers and other
representatives
of foreign governments: Provided, That such privilege shall be accorded
under special agreements between the Philippines and the countries
which
they represent: And Provided, further, That the privilege may be
granted
only upon specific instructions of the Secretary of Finance in each
instance
which will be issued only upon request of the Department of Foreign
Affairs;
l. Imported
articles donated to, or for the account of, any duly registered relief
organization, not operated for profit, for free distribution among the
needy, upon certification by the Department of Social Services and
Development
or the Department of Education, Culture and Sports, as the case may be;
m. Containers,
holders and other similar receptacles of any material including kraft
paper
bags for locally manufactured cement for export, including corrugated
boxes
for bananas, mangoes, pineapples and other fresh fruits for export,
except
other containers made of paper, paperboard and textile fabrics, which
are
of such character as to be readily identifiable and/or reusable for
shipment
or transportation of goods shall be delivered to the importer thereof
upon
identification, examination and appraisal and the giving of a bond in
an
amount equal to one and one-half times the ascertained duties, taxes
and
other charges within six (6) months from the date of acceptance of the
import entry;
n. Supplies
which are necessary for the reasonable requirements of the vessel or
aircraft
in hervoyage or flight outside the
Philippines, including articles transferred from a bonded warehouse in
any collection district to any vessel or aircraft engaged in foreign
trade,
for use or consumption of the passengers or its crew on board such
vessel
or aircrafts as sea or air stores; or articles purchased abroad for
sale
on board a vessel or aircraft as saloon stores or air store supplies:
Provided,
That any surplus or excess of such vessel or aircraft supplies arriving
from foreign ports or airports shall be dutiable;
o. Articles
and salvage from vessels recovered after a period of two (2) years from
the date of filing the marine protest or the time when the vessel was
wrecked
or abandoned, or parts of a foreign vessel or her equipment, wrecked,
abandoned
in Philippine waters or elsewhere: Provided, That articles and salvage
recovered within the said period oftwo
(2) years shall be dutiable;
p. Coffins
or urns containing human remains, bones or ashes, used personal and
household
effects (not merchandise) of the deceased person, except vehicles, the
value of which does not exceed ten thousand pesos (P10,000.00), upon
identification
as such;
q. Samples
of the kind, in such quantity and of such dimension or construction as
to render them unsalable or of no appreciable commercial value; models
not adapted for practical use; and samples of medicines, properly
marked
"sample-sale punishable by law," for the purpose of introducing a new
article
in the Philippine market and imported only once in a quantity
sufficient
for such purpose by a person duly registered and identified to be
engaged
in that trade: Provided, That importations under this subsection shall
be previously authorized by the Secretary of Finance: Provided,
however,
That importation of sample medicine shall be previously authorized by
the
Secretary of Health that such samples are new medicines not available
in
the Philippines: Provided, finally, That samples not previously
authorized
and/or properly marked in accordance with this section shall be levied
the corresponding tariff duty.
Commercial
samples, except those that are not readily and easily identifiable
(e.g.,
precious and semi-precious stones, cut or uncut, and jewelry set with
precious
stones), the value of any single importation of which does not exceed
ten
thousand pesos (P10,000.00) upon the giving of a bond in an amount
equal
to twice the ascertained duties, taxes and other charges thereon,
conditioned
for the exportation of said samples within six (6) months from the date
of the acceptance of the import entry or in default thereof, the
payment
of the corresponding duties, taxes and other charges. If the value of
any
single consignment of such commercial samples exceeds ten thousand
pesos
(P10,000.00),the importer thereof
may select any portion of same not exceeding in value of ten thousand
pesos
(P10,000.00) for entry under the provision of this subsection, and the
excess of the consignment may be entered in bond, or for consumption,
as
the importer may elect;
r. Animals
(except race horses), and plants for scientific, experimental,
propagation,
botanical, breeding, zoological and national defense purposes:
Provided,
That no live trees, shoots, plants, moss, and bulbs, tubers and seeds
for
propagation purposes may be imported under this section, except by
order
of the Government or other duly authorized institutions: Provided,
further,
That the free entry of animals for breeding purposes shall be
restricted
to animals of recognized breed, duly registered in the book of record
established
for that breed, certified as such by the Bureau of Animal Industry:
Provided,
furthermore, That certificate of such record, and pedigree of such
animal
duly authenticated by the proper custodian of such book of record,
shall
be produced and submitted to the Collector of Customs, together with
affidavit
of the owner or importer, that such animal is the animal described in
said
certificate of record and pedigree: And Provided, finally, That the
animals
and plants are certified by the National Economic and Development
Authority
as necessary for economic development;
s. Economic,
technical, vocational, scientific, philosophical, historical, and
cultural
books and/or publications: Provided, That those which may have already
been imported but pending release by the Bureau of Customs at the
effectivity
of this Decree may still enjoy the privilege herein provided upon
certification
by the Department of Education, Culture and Sports that such imported
books
and/or publications are for economic, technical, vocational,
scientific,
philosophical, historical or cultural purposes or that the same are
educational,
scientific or cultural materials
covered by the International Agreement on Importation of Educational
Scientific
and Cultural Materials signed by the President of the Philippines on
August
2, 1952, or other agreements binding upon the Philippines.
chanrobles virtuallaw libraryred Educational,
scientific and cultural materials covered by international agreements
or
commitments binding upon the Philippine Government so certified by the
Department of Education, Culture and Sports.chanrobles virtuallaw libraryredBibles,
missals, prayer books, Koran, Ahadith and other religious books of
similar
nature and extracts therefrom, hymnal and hymns for religious uses;chanrobles virtuallaw libraryredt. Philippine
articles previously exported from the Philippines and returned without
having been advanced in value or improved in condition by any process
of
manufacture or other means, and upon which no drawback or bounty has
been
allowed, including instruments and implements, tools of trade,
machinery
and equipment, used abroad by Filipino citizens in the pursuit of their
business, occupation or profession; and foreign articles previously
imported
when returned after having been exported and loaned for use temporarily
abroad solely for exhibition, testing and experimentation, for
scientific
or educational purposes; and foreign containers previously imported
which
have been used in packing exported Philippine articles and returned
empty
if imported by or for the account of the person or institution who
exported
them from the Philippines and not for sale, barter or hire subject to
identification:
Provided, That any Philippine article falling under this subsection
upon
which drawback or bounty has been allowed shall, upon re-importation
thereof,
be subject to a duty under this subsection equal to the amount of such
drawback or bounty.u. Aircraft,
equipment and machinery, spare parts commissary and catering supplies,
aviation gas, fuel and oil, whether crude or refined, and such other
articles
or supplies imported by and for the use of scheduled airlines operating
under Congressional franchise: Provided, That such articles or supplies
are not locally available in reasonable quantity, quality and price and
are necessary or incidental for the proper operation of the scheduled
airline
importing the same;
v. Machineries,
equipment, tools for production, plants to convert mineral ores into
saleable
form, spare parts, supplies, materials, accessories, explosives,
chemicals,
and transportation and communication facilities imported by and for the
use of new mines and old mines which resume operations, when certified
to as such by the Secretary of Agriculture and Natural Resources upon
the
recommendation of the Director of Mines, for a period ending five (5)
years
from the first date of actual commercial production of saleable
mineral products: Provided, That such articles are not locally
available
in reasonable quantity, quality and price and are necessary or
incidental
in the proper operation of the mine; and aircrafts imported by
agro-industrial
companies to be used by them in their agriculture and industrial
operations
or activities, spare parts and accessories thereof;
w. Spare
parts of vessels or aircraft of foreign registry engaged in foreign
trade
when brought into the Philippine exclusively as replacements or for the
emergency repair thereof, upon proof satisfactory to the Collector of
Customs
that such spare parts shall be utilized to secure the safety,
seaworthiness
or airworthiness of the vessel or aircraft, to enable it to continue
its
voyage or flight;
x. Articles
of easy identification exported from the Philippines for repair and
subsequently
reimported upon proof satisfactory to the Collector of Customs that
such
articles are not capable of being repaired locally: Provided, That the
cost of the repairs made to any such article shall pay a rate of duty
of
thirty per cent ad valorem;
y. Trailer
chassis when imported by shipping companies for their exclusive use inhandling
containerized cargo, upon posting a bond in an amount equal to one and
one-half times the ascertained duties, taxes and other charges due
thereon
to cover a period of one year from the date of acceptance of the entry,
which period for meritorious reasons may be extended by the
Commissioner
of Customs from year to year, subject to the following conditions:chanroblesvirtuallawlibrary
1. That
they shall be properly identified and registered with the Land
Transportation
Commission;
chanrobles virtuallaw libraryred 2. That
they shall be subject to customs supervision fee to be fixed by the
Collector
of Customs and subject to the approval of the Commissioner of Customs;chanrobles virtuallaw libraryred3. That
they shall be deposited in the Customs zone when not in use; and 4. That
upon the expiration of the period prescribed above, duties and taxes
shall
be paid, unless otherwise re-exported. The
provisions of Sec. 105 of Presidential Decree No. 34, dated October 27,
1972, to the contrary notwithstanding any officer or employee of the
Department
of Foreign Affairs, including any attache, civil or military, or member
of his staff assigned to a Philippine diplomatic mission abroad by his
Department or any similar officer or employee assigned to a Philippine
consular office abroad, or any personnel of the Reparations Mission in
Tokyo or AFP military personnel
detailed with SEATO or any AFP military personnel accorded assimilated
diplomatic rank on duty abroad who is returning from a regular
assignment
abroad, for reassignment to his Home office, or who dies, resigns, or
is
retired from the service, after the approval of this Decree, shall be
exempt
from the payment of all duties and taxes on his personal and household
effects, including one motor car which must have been ordered or
purchased
prior to the receipt by the mission or consulate of his order of
recall,
and which must be registered in his name: Provided, however, That this
exemption shall apply only to the value of the motor car and to
aggregate
assessed value of said personal and household effects the latter not to
exceed thirty per centum (30%) of the total amount received by such
officer
or employee in salary and allowances during his latest assignment
abroad
but not to exceed four years; And Provided, finally, That the officer
or
employee concerned must have served abroad for not less than two years.The
provisions of general and special laws, including those granting
franchises,
to the contrary notwithstanding, there shall be no exemptions
whatsoever
from the payment of customs duties except those provided for in this
Code;
those granted to government agencies, instrumentalities or
government-owned
or controlled corporations
with existing contracts, commitments, agreements, or obligations
(requiring
such exemption) with foreign countries; international institutions,
associations
or organizations entitled to exemption pursuant to agreements or
special
laws; and those that may be granted by the President upon prior
recommendation
of the National Economic and Development Authority in the interest of
national
economic development. Sec.
106. Drawbacks. — a. On
Fuel Used for Propulsion of Vessels. — On all fuel imported into the
Philippines
used for propulsion of vessels engaged in trade with foreign countries,
or in the coastwise trade, a refund or tax credit shall be allowed not
exceeding ninety-nine (99) per cent of the duty imposed by law upon
such
fuel, which shall be paid or credited under such rules and regulations
as may be prescribed by the Commissioner of Customs with the approval
of
the Secretary of Finance.
b. On
Petroleum Oils and Oils Obtained from Bituminous Minerals, Crude
Eventually
Used for Generation of Electric Power and for the Manufacture of City
Gas.
— On petroleum oils and oils obtained from bituminous materials, crude
oils imported by non-electric utilities, sold directly or indirectly,
in
the same form or after processing, to electric utilities for the
generation
of electric power and for the manufacture of city gas, a refund or tax
credit shall be allowed not exceeding fifty per cent (50%) of the duty
imposed by law upon such oils, which shall be paid or credited under
such
rules and regulations as may be prescribed by the Commissioner of
Customs
with the approval of the Secretary of Finance.
c. On
Articles Made from Imported Materials. — Upon exportation of articles
manufactured
or produced in the Philippines, including the packing, covering,
putting
up, marking or labeling thereof either in whole or in part of imported
materials for which duties have been paid, refund or tax credit shall
be
allowed for the duties paid
on the imported materials do used including the packing, covering,
putting
up, marking or labeling thereof, subject to the following conditions:chanroblesvirtuallawlibrary
1. The
actual use of the imported materials in the production or manufacture
of
the article exported with their quantity, value, and amount of duties
paid
thereon, having been established;chanrobles virtuallaw libraryred2. The
duties refunded or credited shall not exceed one hundred (100) per cent
of duties paid on imported materials used;3. There
is no determination by the National Economic and Development Authority
of the requirement for certification on non-availability of
locally-produced
or manufactured competitive substitutes for the imported materials used
at the time of importation;
4. The
exportation shall be made within one (1) year after the importation of
materials used and claim of refund or tax credit shall be filed within
six (6) months from the date of exportation;
5. When
two or more products result from the use of the same imported
materials,
an apportionment shall be made on its equitable basis. For
every application of a drawback, there shall be paid to and collected
by
the Bureau of Customs as filing, processing and supervision fees the
sum
of Five Hundred Pesos (P500.00) which amount may be increased or
decreased
when the need arises by the Secretary of Finance upon the
recommendation
of the Commissioner of Customs.chanrobles virtuallaw libraryredd. Payment
of Partial Drawbacks. — The Secretary of Finance may, upon
recommendation
of the Commissioner of Customs, promulgate rules and regulations
allowing
partial payments of drawbacks under this section.e. Payment
of the Drawbacks. — Claims for refund or tax credit eligible for such
benefits
shall be paid or granted by the Bureau of Customs to claimants within
sixty
(60) days after receipt of properly accomplished claims: Provided, That
a registered enterprise under Republic Act Numbered Fifty-one hundred
and
eighty-six or Republic Act Numbered Sixty-one hundred and thirty-five
which
has previously enjoyed tax credit based on customs duties paid on
imported
raw materials and supplies, shall not be entitled to drawback under
this
section, with respect to the same importation subsequently processed
and
re-exported; Provided, further, That is as a result of the refund or
tax
credit by way of drawback of customs duties, there would necessarily
result
a corresponding refund or credit of internal revenue taxes on the same
importation, the Collector of Customs shall likewise certify the same
to
the Commissioner of Customs who shall cause the said refund or tax
credit
of internal revenue taxes to be paid, refunded or credited in favor of
the importer, with advice to the Commissioner of Internal Revenue.
chan robles virtual law library
TITLE
II
ADMINISTRATIVE
PROVISIONS
chanrobles virtuallaw libraryred
PART
I
BASES
OF ASSESSMENT OF DUTYchanrobles virtuallaw libraryred
Sec.
201. — Basis of Dutiable Value. — The dutiable value of
an imported article subject to an ad valorem rate of duty shall be
based
on the cost (fair market value)
of same, like or similar articles, as bought and sold or offered for
sale
freely in the usual wholesale quantities in the ordinary course of
trade
in the principal markets of the exporting country on the date of
exportation
to the Philippines (excluding internal excise taxes to be remitted or
rebated)
or where there is none on such date, then on the cost (fair market
value)
nearest to the date of exportation, including the value of all
container,
covering and/or packings of any kind and all other expenses, costs and
charges incident to placing the article in a condition ready for
shipment
to the Philippines, and freight as well as insurance premium covering
the
transportation of such articles to the port of entry in the Philippines.
chanrobles virtuallaw libraryred
Where
the fair market value or price of the article cannot be ascertained
thereat
or where there exists a reasonable doubt as to the fairness of such
value
or price, then the fair market value or price in the principal market
in
the country of manufacture or origin, if it is not the country of
exportation,
or in a third country with the same stage of economic development as
the
country of exportation shall be used.
chanrobles virtuallaw libraryred
When
the dutiable value of the article cannot be ascertained in accordance
with
the preceding paragraphs or where there exists a reasonable doubt as to
the cost (fair market value) of the imported article declared in the
entry,
the correct dutiable value of the article shall be ascertained by
the Commissioner Of Customs from the reports of the Revenue or
Commercial
Attache (Foreign Trade Promotion Attache), pursuant to Republic Act
Numbered
Fifty-four Hundred and Sixty-six or other Philippine diplomatic
officers
or Customs Attaches and from such other information that may be
available
to the Bureau of Customs. Such values shall be published by the
Commissioner
of Customs from time to time.
chanrobles virtuallaw libraryred
When
the dutiable value cannot be ascertained as provided in the preceding
paragraphs,
or where there exists a reasonable doubt as to the dutiable value of
the
imported article declared in the entry, it shall be domestic wholesale
selling price of such or similar article in Manila or other principal
markets
in the Philippines or on the date the duty become payable on the
article
under appraisement, on the usual wholesale quantities and in the
ordinary
course of trade, minus:chanroblesvirtuallawlibrary
(a) not
more than twenty-five (25) per cent thereof for expenses and profits;
andchanrobles virtuallaw libraryred(b) duties
and taxes paid thereon.
(as
amended by E.O. 156)
Sec.
202. Bases of Dutiable Weight.
— On articles that are subject to the specific rate of
duty, based on weight, the duty shall be ascertained as follows:chanroblesvirtuallawlibrary
(a) When
articles are dutiable by the gross weight, the dutiable weight thereof
shall be the weight of same, together with the weight of all
containers,
packages, holders and packing, of any kind, in which said articles are
contained, held or packed at the time of importation.chanrobles virtuallaw libraryred(b) When
articles are dutiable by the legal weight thereof shall be the weight
of
same, together with the weight of the immediate containers, holders
and/or
packing in which such articles are usually contained, held or packed at
the time of importation and/or, when imported in retail packages, at
the
time of their sale to the public in usual retail quantities:chanroblesvirtuallawlibraryProvided,
That when articles are packed in single container, the weight of the
latter
shall be included in the legal weight.chanrobles virtuallaw libraryred(c) When
articles are dutiable by the net weight, the dutiable weight thereof
shall
be only the actual weight of the articles at the time of importation,
excluding
the weight of the immediate and all other containers, holders or
packing
in which such articles are contained, held or packed.
chanrobles virtuallaw libraryred(d) Articles
affixed to cardboard, cards, paper, wood or similar common material
shall
be dutiable together with the weight of such holders.(e) When
a single package contains imported articles dutiable according to
different
weights, or to weight and value, the common exterior receptacles shall
be prorated and the different proportions thereof treated in accordance
with the provisions of this Code as to the dutiability or
non-dutiability
of such packing.
Sec.
203. Rate of Exchange. — For
the assessment and collection of import duty upon imported articles and
for other purposes, the value and prices thereof quoted in foreign
currency
shall be converted into the currency of the Philippines at the current
rate of exchange or value specified or published, from time to time, by
the Central Bank of the Philippines.
chanrobles virtuallaw libraryred
Sec.
204. Effective Date of Rates
of Import Duty. — Imported articles shall be subject to the rate or
rates
of import duty existing at the time of entry, or withdrawal from
warehouse,
in the Philippines, for consumption.
On
and after the day when this Code shall go into effect, all articles
previously
imported, for which no entry has been made, and all articles previously
entered without payment of duty and under bond for warehousing,
transportation,
or any other purpose, for which no permit of delivery to the importer
or
his agent has been issued, shall be subject to the rates of any duty
imposed
by this Code and to any other duty, upon the entry, or withdrawal
thereof
from warehouse, for consumption.
On
article abandoned or forfeited to, or seized by, the government, and
then
sold at public auction, the rates of duty and the tariff in force on
the
date of the auction shall apply: Provided, That duty based on the
weight,
volume and quantity of articles
shall be levied and collected on the weight, volume and quantity at the
time of their entry into the warehouse or the date of abandonment,
forfeiture
and/or seizure.
Sec.
205. Entry, or Withdrawal from
Warehouse, for Consumption. — Imported articles shall be deemed
"entered"
in the Philippines for consumption when the specified entry form is
properly
filed and accepted, together with any related documents required by
the provisions of this Code and/or regulations to be filed with such
form
at the time of entry, at the port or station by the customs official
designated
to receive such entry papers and any duties, taxes, fees and/or other
lawful
charges required to be paid at the time of making such entry have been
paid or secured to be paid with the customs official designated to
receive
such monies, provided that the article has previously arrived within
the
limits of the port of entry.
Imported
articles shall be deemed "withdrawn" from warehouse in the Philippines
for consumption when the specified form is properly filed and accepted,
together with any related documents required by any provisions of this
Code and/or regulations to be filed with such form at the time of
withdrawal,
by the customs official designated to receive the withdrawal entry and
any duties, taxes, fees and/or other lawful charges required to be paid
at the time of withdrawal have been deposited with the customs official
designated to receive such payment.
chanrobles virtuallaw libraryred
PART
2
SPECIAL
DUTIESchanrobles virtuallaw libraryred
Sec.
301. Dumping Duty. —
a. Whenever
the Secretary of Finance (hereinafter called the "Secretary") has
reason
to believe, from invoices or other documents or newspapers, magazines
or
information made available by any government agency or interested
party, that
a specific kind or class of foreign article, is being imported into, or
sold or is likely to be sold in the Philippines, at a price less than
its
fair value, the importation and sale of which might injure, or retard
the
establishment of, or is likely to injure, an industry producing like
goods
in the Philippines, he shall so advise the Tariff Commission
(hereinafter
called the "Commission"), and
shall instruct the Collector of Customs to require an anti-dumping bond
of twice the dutiable value of the imported article coming from the
specific
country.chanrobles virtuallaw libraryredb. The
Commission, upon receipt of the advice from the Secretary shall conduct
an investigation to:chanroblesvirtuallawlibrary
1. Verify
if the kind or class of article in question is being imported into, or
sold or is likely to be sold
in the Philippines at a price less than its fair value;chanrobles virtuallaw libraryredThe
fair value of an article shall be its home consumption price, excluding
internal excise tax.If
the fair value of an article cannot be determined, the following rules
shall apply:chanroblesvirtuallawlibrary
i. If
the home consumption price is unreliable because of association or a
compensatory
arrangement between the exporter and the importer or a third party, or
if the quality of like to similar articles sold by the producers for
home
consumption is negligible in relation to the quality sold for
exportation
to countries other than the Philippines as to be an inadequate basis
for
comparison, then the fair value of the articles shall be based from the
export price of like articles sold to countries other than the
Philippines,
orchanrobles virtuallaw libraryredii. If
the country of export is a state-controlled economy, then the fair
value
of like articles shall be the home consumption price of like articles
in
a proxy country at the same stage of economic development which is a
proven
or established competitive producer of the article under consideration.chanrobles virtuallaw libraryrediii. In
the case where products are not imported directly from the country of
origin
but are exported to the country of importation from an intermediate
country,
the fair value shall be the home consumption in the country of origin
or
the country of export whichever is higher.iv. If
the fair value of such or like articles cannot be determined in
accordance
with the preceding paragraphs then, the fair value of the article under
consideration shall be its cost of production as determined of
calculated
from reasonably available data. 2. Determine
if, as a result thereof, an industry producing like goods in the
Philippines,
is being injured or is likely to be injured or is retarded from being
established
by reason of the importation or sale of that kind or class of article
into
the Philippines: Provided, That a
finding that an article is being imported into the Philippines at a
price
less than its fair market value shall be deemed prima facie proof
of injury,
or retarding the establishment of an industry producing like goods in
the
Philippines: And provided, further, That in determining whether the
domestic
industry has suffered is being threatened with injury, the Commission
shall
determine whether the wholesale prices at which the domestic products
are
sold are reasonable, taking into account the cost of raw materials,
labor,
overhead, a fair return on investment and the overall efficiency of the
industry; and3. Ascertain
the difference, if any, between the purchase price and the fair market
value of the article. The Commission shall submit its findings to the
Secretary
within sixty (60) days after the submission of the memoranda of the
parties
which shall not be later than fifteen (15) days after the termination
of
the public hearing. c. The
Secretary shall, within sixty (60) days after receipt of the report of
the Commission, decide whether the article in question is being
imported
in violation of this section and shall give due notice of such decision
and shall direct the Commissioner of Customs to cause the dumping duty,
to be levied, collected and paid, as prescribed in this section, in
addition
to any other duties, taxes and charges as prescribed in this section,
addition
to any other duties, taxes and charges imposed by law on such article,
and on the articles of the same specific kind or class subsequently
imported
under similar circumstances coming from the specific country.chanrobles virtuallaw libraryredd. The
"Dumping Duty" as provided for in sub-section "c" hereof shall be equal
to the difference between the actual purchase price and the fair value
of the article as determined in the dumping decision. All importations
of like articles within sixty (60)days immediately preceding the filing
of the protest are covered by the investigation. However, in cases of
subsequent
importations of the same kind or class of article from the specific
country
named in the protest, the dumping duty shall be equal to the difference
between the actual purchase price and the fair value actually existing
at the time of importation as determined by the Tariff Commission from
the supporting documents submitted or from other reliable sources.chanrobles virtuallaw libraryrede. Pending
investigation and final decision of the case, the article in question,
and articles of the same specific kind or class subsequently imported
under
similar circumstances, shall be released to the owner, importer,
consignee
or agent upon the giving of a bond in an amount equal to twice the
estimated
dutiable value thereof.f. Any
aggrieved party may appeal only the amount of the dumping duty to the
Court
of Tax Appeals in the same manner and within the same period provided
for
by law in the case of appeal from decision of the Commissioner of
Customs.
g. (1)
The article, if it has not been previously released under bond as
provided
for in subsection "e" hereof, shall be released after payment by the
party
concerned of the corresponding dumping duty in addition to any ordinary
duties, taxes, and charges, if any, or re-exported by the owner,
importer,
consignee or agent, at his option and expense, upon the filing of a
bond
in an amount equal to twice the estimated dutiable value of the
article,
conditioned upon presentation of landing certificate issued by a
consular
officer of the Philippines at the country of destination; or
(2) If
the article has been previously released under bond, as provided in
subsection
"e" hereof, the party concerned shall be required to pay the
corresponding
dumping duty in addition to any ordinary duties, taxes and charges, if
any.
h. Any
investigation to be conducted by the Commission under this section
shall
include a public hearing or hearings where the importer, consignee or
agent,
of the imported article, the local producers of a like article, other
parties
directly affected, and such other parties as in the judgment of the
Commission
are entitled to appear, shall be given an opportunity to be heard and
to
present evidence bearing on the subject matter.
i. The
established dumping duty shall be subject to adjustment based on the
prevailing
home consumption price or the exporter's sales price to third country
or
the home consumption price of a proxy country or in the absence
thereof,
the cost of production. The Commission shall conduct quarterly
examination
and/or verification of the fair value to determine the necessity of
adjustment.
Should the Secretary, upon receipt of the report of the Commission,
find
that there is a need for an adjustment he shall direct the commissioner
of Customs to effect the necessary adjustment in dumping duty.
The
Philippines Finance Attache or, in the absence thereof, the Commercial
Attache or, in the absence thereof, the diplomatic officer and/or
consular
officer abroad shall be advised by the Secretary of any article covered
by dumping decision. The concerned Attache or the Officer shall submit
quarterly report on home consumption prices, or in the absence thereof,
the cost of production, of said articles to the Secretary and the
Commission,
thru the department head.
j. Whenever
the Commission, on its own motion or upon the application of any
interested
party, finds that any of the conditions which necessitated the
imposition
of the dumping duty has ceased to exist, it shall submit the necessary
recommendation to the Secretary for the discontinuance or modification
of such dumping duty. Any decision or order made under this section by
the Secretary shall be published in the Official Gazette and/or in a
newspaper
of general circulation.
k. Any
dumping decision promulgated by the Secretary shall be effective for a
period of five years from the time of its promulgation except upon the
representation of the interested party of the necessity to continues
the
implementation of said decision, in which case the Secretary shall
advice
the Commission to conduct an investigation to determine whether the
conditions
in paragraphs b-1 and b-2 still exist. The action for extension shall
be
brought before the Secretary at least six (6) months before the
expiration
of the period.
The
findings of the Commission shall be submitted to the Secretary at least
three (3) months before the expiration of the period.
[All
industries protected by any dumping decision for five years or more
from
the time of its promulgation may apply for extension to the Secretary
within
six (6) months from effectivity of this Decree. The decision shall be
deemed
terminated upon failure to file the application within the period so
provided.]
chanrobles virtuallaw libraryred l. The
Secretary and the Commission shall promulgate all rules and regulations
necessary to carry out their respective functions under this Section.
Sec.
302. Countervailing Duty. —
a. Whenever
any article is directly or indirectly granted any bounty, subsidy or
subvention
upon its production, manufacture or exportation in the country of
origin
and/or exportation, and the importation of which has been determined by
the Secretary, after investigation and report of the Commission, as
likely
to injure an established industry, or prevent or considerably retard
the
establishment of an industry in the Philippines, there shall be levied
a countervailing duty equal to the ascertained or estimated amount of
such
bounty, countervailing duty equal to the ascertained or estimated
amount
of such bounty, subsidy or subvention: Provided, That the injury
criterion
to a domestic industry shall be applied only in case of imports from
countries
which adhere to the GATT Code on Subsidies and Countervailing Duties;
Provided
further, That the exemption of any exported article from duty or tax
imposed
on like articles when destined for consumption in the country of origin
and/or exportation or the refunding of such duty or tax, shall not be
deemed
to constitute a grant of a bounty, subsidy or subvention within the
meaning
of this subsection: Provided, furthermore, That should an article be
allowed
drawback by the country of origin and/or exportation, only the
ascertained
or estimated excess of the amount of the drawback over the total amount
of the duties and/or internal taxes, if any, shall constitute a bounty,
subsidy or subvention: Provided, finally, That petitions for imposition
of countervailing duty shall be filed with the Secretary of Finance.
Upon
finding of a prima facie case of bounty, subsidy or subvention enjoyed
by the imported article and injury to, or likelihood of injury to a
domestic
industry, the Secretary shall refer the case to the Tariff Commission
for
investigation for investigation and shall instruct the Commissioner of
Customs to require the filing of countervailing bonds for importations
entered during the pendency of countervailingproceedings;chanrobles virtuallaw libraryredb. The
Secretary shall, after receipt of the reports of the Commission, decide
whether the article in question is granted any bounty, subsidy or
subvention
and if so, fix the countervailing duty equal to the ascertained or
estimated
bounty, subsidy or subvention.He
shall give due notice of his decision and shall direct the Commissioner
of Customs to cause the countervailing duty to be levied, collected and
paid in addition to any ordinary duties, taxes and charges imposed by
law
on such articles and on articles of the same specific kind or class
subsequently
imported under similar circumstances;c. Pending
investigation and final decision of the case, the article in question
shall
not be released from customs custody to the owner except upon the
filing
of a bond equal to the ascertained or estimated amount of bounty,
subsidy
or subvention as provisionally determined by the Secretary of Finance;
d. The
article, if not previously released under bond as provided for in this
section, shall be released after payment by the party concerned of the
corresponding countervailing duty in addition to any ordinary duties,
taxes
and charges, if any, or re-exported upon the filing of a bond in an
amount
twice the estimated dutiable value of the article, conditioned upon the
presentation of a landing certificate issued by a consular officer of
the
Philippines at the country of destination. If
the article has been previously released under bond, the party
concerned
shall be required to pay the corresponding countervailing duty in
addition
to ordinary duties, taxes and other charges, if any;
chanrobles virtuallaw libraryred e. Whenever
the Commission, on its motion or upon application of any interested
party,
finds that the condition which necessitated the imposition of the
countervailing
duty has ceased to exist, it shall submit the necessary recommendations
to the Secretary for the discontinuance of the imposition of that
duty. Any
order made under this section by the Secretary shall be published in
the
Official Gazette and/or in a newspaper of general circulation;chanrobles virtuallaw libraryredf. Any
countervailing decision promulgated by the Secretary shall be effective
for a period of five (5) years from the time of its promulgation except
upon the representation of the interested party of the necessity to
continue
the implementation of said decision, in which case the Secretary shall
advise the Commission to conduct an investigation to determine whether
the conditions in paragraph "a" still exist. The
action for extension shall be brought before the Secretary at least six
(6) months before the expiration of the period.The
findings of the Commission shall be submitted to the Secretary at least
three (3) months before the expiration of the period.
g. The
Secretary and the Commission shall promulgate all rules and regulations
necessary to carry out their respective functions under this section.
Sec.
303. Marking of Imported Articles
and Containers. —
a. Marking
of Articles. — Except as hereinafter provided, every article of foreign
origin (or its container, as provided in subsection "b" hereof)
imported
into the Philippines shall be marked in any official language of the
Philippines
and in a conspicuous place as legibly, indelibly and permanently as the
nature of the article (or container) will permit in such manner as to
indicate
to an ultimate purchaser in the Philippines the name of the country of
origin of the article. The
Commissioner of Customs shall, with the approval of the department
head,
issue rules and regulations to —
1. Determine
the character of words and phrases or abbreviation thereof which shall
be acceptable as indicating the country of origin and prescribe any
reasonable
method of marking, whether by printing, stenciling, stamping, branding,
labelling or by any other reasonable method, and a conspicuous place on
the article or container where the marking shall appear.chanrobles virtuallaw libraryred2. Require
the addition of any other words or symbols which may be appropriate to
prevent deception or mistake as to the origin of the article or as to
the
origin of any other article with which such imported article is usually
combined subsequent to importation but before delivery to an ultimate
purchaser;
and3. Authorize
the exception of any article from the requirements of marking if -
a. Such
article is incapable of being marked;chanrobles virtuallaw libraryredb. Such
article cannot be marked prior to shipment to the Philippines without
injury;chanrobles virtuallaw libraryredc. Such
article cannot be marked prior to shipment to the Philippines, except
at
an expense economically prohibitive of its importation;d. The
marking of a container of such article will reasonably indicate the
origin
of such article;
e. Such
article is a crude substance;
f. Such
article is imported for use by the importer and not intended for sale
in
its imported or any other form;
g. Such
article is to be processed in the Philippines by the importer or for
his
account otherwise than for the purpose of concealing the origin of such
article and in such manner that any mark contemplated by this section
would
necessarily be obliterated, destroyed or permanently concealed;
h. An
ultimate purchaser, by reason of the character of such article or by
reason
of the circumstances of its importation must necessarily know the
country
of origin of such article even though it is not marked to indicate its
origin;
i. Such
article was produced more than twenty years prior to its importation
into
the Philippines; or
j. Such
article cannot be marked after importation except at an expense which
is
economically prohibitive, and the failure to mark the article before
importation
was not due to any purpose of the importer, producer, seller or shipper
to avoid compliance with this section. b. Marking
of Containers. — Whenever an article is excepted under subdivision (3)
of subsection "a" of this section from the requirements of marking, the
immediate container, if any, of such article, or such other container
or
containers of such article as may be prescribed by the Commissioner of
Customs with the approval of the department head, shall be marked in
such
manner as to indicate to an ultimate purchaser in the Philippines the
name
of the country of origin of such article in any official language of
the
Philippines, subject to all provisions of this section, including the
same
exceptions as are applicable to articles under subdivision (3) of
subsection
"a".chanrobles virtuallaw libraryredc. Marking
Duty for Failure to Mark. — If at the time of importation any article
(or
its container, as provided in subsection "b" hereof), is not marked in
accordance with the requirements of this section, there shall be
levied,
collected and paid upon such article a marking duty of 5 per cent ad
valorem,
which shall be deemed to have accrued at the time of importation,
except
when such article is exported or destroyed under customs supervision
and
prior to the final liquidation of the corresponding entry.
d. Delivery
Withheld Until Marked. — No imported article held in customs custody
for
inspection, examination or appraisement shall be delivered until such
article
and/or its containers, whether released or not from customs custody,
shall
have been marked in accordance with the requirements of this section
and
until the amount of duty estimated to be payable under subsection "c"
of
this section shall have been deposited. Nothing
in this section shall be construed as excepting any article or its
container
from the particular requirements of marking provided for in any
provision
of law.chanrobles virtuallaw libraryrede. The
failure or refusal of the owner or importer to mark the articles as
herein
required within a period of thirty days after due notice shall
constitute
as an act of abandonment of said articles and their disposition shall
be
governed by the provisions of this Code relative to abandonment of
imported
articles.
Sec.
304. Discrimination by Foreign
Countries. —
a. The
President, when he finds that the public interest will be serves
thereby,
shall by proclamation specify and declare new or additional duties in
an
amount not exceeding one hundred (100) per cent ad valorem upon
articles
wholly or in part the growth or product of, or imported in a vessel of,
any foreign country whenever he shall find as a fact that such country
—
1. Imposes,
directly or indirectly, upon the disposition or transportation in
transit
through or re-exportation from such country of any article wholly or in
part the growth or product of the Philippines, any unreasonable charge,
exaction, regulation or limitation which is not equally enforced upon
the
like articles of every foreign country; orchanrobles virtuallaw libraryred2. Discriminates
in fact against the commerce of the Philippines, directly or
indirectly,
by law or administrative regulation or practice, by or in respect to
any
customs, tonnage, or port duty, fee, charge, exaction, classification,
regulation, condition, restriction or prohibition, in such manner as to
place the commerce of the Philippines at a disadvantage compared with
the
commerce of any foreign country. b. If
at any time the President shall find it to be a fact that any foreign
country
has not only discriminated against the commerce of the Philippines, as
aforesaid, but has, after the issuance of a proclamation as authorized
in subsection "a" of this section, maintained or increased its said
discrimination
against the commerce of the Philippines, the President is hereby
authorized,
if he deems it consistent with the interests of the Philippines, to
issue
a further proclamation directing that such product of said country or
such
article imported in its vessels as he shall deem consistent with the
public
interests, shall be excluded from importation into the Philippines.chanrobles virtuallaw libraryredc. Any
proclamation issued by the President under this section shall, if he
deems
it consistent with the interest of the Philippines, extend to the whole
of any foreign country or may be confined to any subdivision or
subdivisions
thereof; and the President shall, whenever he deems the public
interests
require, suspend, revoke, supplement or amend any such proclamation.d. All
articles imported contrary to the provisions of this section shall be
forfeited
to the Government of the Philippines and shall be liable to be seized,
prosecuted and condemned in like manner and under the same regulations,
restrictions and provisions as may from time to time be established for
the recovery, collection, distribution and remission or forfeiture to
the
government by the tariff and customs laws. Whenever
the provision of this section shall be applicable to importations into
the Philippines of articles wholly or in part the growth or product of
any foreign country, they shall be applicable thereto, whether such
articles
are imported directly or indirectly.
e. It
shall be the duty of the Commission to ascertain and at all times to be
informed whether any of the discrimination against the commerce of the
Philippines enumerated in subsections "a" and "b" of this section are
practiced
by any country; and if and when such discriminatory acts are disclosed,
it shall be the duty of the Commission to bring the matter to the
attention
of the President, together with recommendations.
f. The
Secretary of finance shall make such rules and regulations as are
necessary
for the execution of such proclamation as the President may issue in
accordance
with the provisions of this section. PART
3
FLEXIBLE
TARIFF chanrobles virtuallaw libraryred
Sec.
401. Flexible Clause. —
a. In
the interest of national economy, general welfare and/or national
security,
and subject to the limitations herein prescribed, the President, upon
recommendation
of the National Economic and Development Authority (hereinafter
referred
to as NEDA), is hereby empowered: (1) to increase, reduce or remove
existing
protective rates of import duty (including any necessary change in
classification). The
existing rates may be increased or decreased to any level, in one or
several
stages but in no case shall the increased rate of import duty be higher
than a maximum of one hundred (100) per cent ad valorem; (2) to
establish
import quota or to ban imports of any commodity, as may be necessary;
and
(3) to impose an additional duty on all imports not exceeding ten (10%)
per cent ad valorem whenever necessary; Provided, That upon periodic
investigations
by the Tariff Commission and recommendation of the NEDA, the President
may cause a gradual reduction of protection levels granted in Section
One
Hundred and Four of this Code, including those subsequently granted
pursuant
to this section.chanrobles virtuallaw libraryredb. Before
any recommendation is submitted to the President by the NEDA pursuant
to
the provisions of this section, except in the imposition of an
additional
duty not exceeding ten (10) per cent ad valorem, the Commission shall
conduct
an investigation in the course of which they shall hold public hearings
wherein interested parties shall be afforded reasonable
opportunity to
be present, produce evidence and to be heard. The
Commission shall also hear the views and recommendations of any
government
office, agency or instrumentality concerned. The
Commission shall submit their findings and recommendations to the NEDA
within thirty (30) days after the termination of the public hearings.chanrobles virtuallaw libraryredc. The
power of the President to increase or decrease rates of import duty
within
the limits fixed in subsection "a" shall include the authority to
modify
the form of duty. In modifying
the form of duty, the corresponding ad valorem or specific equivalents
of the duty with respect to imports from the principal competing
foreign
country for the most recent representative period shall be used as
bases.d. The
Commissioner of Customs shall regularly furnish the Commission a copy
of
all customs import entries as filed in the Bureau of Customs. The
Commission or its duly authorized representatives shall have access to,
and the right to copy all liquidated customs import entries and other
documents
appended thereto as finally filed in the Commission on Audit.
e. The
NEDA shall promulgate rules and regulations necessary to carry out the
provisions of this section.
f. Any
Order issued by the President pursuant to the provisions of this
section
shall take effect thirty (3) days after promulgation, except in the
imposition
of additional duty not exceeding ten (10) per cent ad valorem which
shall
take effect at the discretion of the President.
Sec.
402. Promotion of Foreign Trade.
—
a. For
the purpose of expanding foreign markets for Philippine products as a
means
of assistance in the economic development of the country, in overcoming
domestic unemployment, in increasing the purchasing power of the
Philippine
peso, and in establishing and maintaining better relations between the
Philippines and other countries, the President, is authorized from time
to time:chanroblesvirtuallawlibrary
(1) To
enter into trade agreements with foreign governments or
instrumentalities
thereof; andchanrobles virtuallaw libraryred(2) To modify
import duties (including any necessary change in classification) and
other
import restrictions, as are required or appropriate to carry out and
promote
foreign trade with other countries: Provided, however, That in
modifying
import duties or fixing import quota the requirements prescribed in
subsection
"a" of Section 401 shall be observed: Provided, further, That any
modification
of import duties and any fixing of import quotas made pursuant to this
agreement on ASEAN Preferential Trading Arrangements ratified on August
1, 1977 shall not be subject to the limitations of aforesaid section
"a"
of Section 401. b. The
duties and other import restrictions as modified in subsection "a"
above,
shall apply to articles which are the growth, produce or manufacture of
the specific country, whether imported directly or indirectly, with
which
the Philippines has entered into a trade agreement: Provided, That the
President may suspend the application of any concession to articles
which
are the growth, produce or manufacture of such country because of acts
(including the operations of international cartels) or policies which
in
his opinion tend to defeat the purposes set in this section; and the
duties
and other import restrictions as negotiated shall be in force and
effect
from and after such time as specified in the Order.chanrobles virtuallaw libraryredc. Nothing
in this section shall be construed to give any authority to cancel or
reduce
in any manner any of the indebtedness of any foreign country to the
Philippines
or any claim of the Philippines against any foreign country.d. Before
any trade agreement is concluded with any foreign government or
instrumentality
thereof, reasonable public notice of the intention to negotiate an
agreement
with such government or instrumentality shall be given in order than
any
interested person may have an opportunity to present his views to the
Commission
which shall seek information and advice from the Department of
Agriculture,
Department of Natural Resources, Department of Trade and Industry,
Department
of Tourism, the Central Bank of the Philippines, the Department of
Foreign
Affairs, the Board of Investments and from such other sources as it may
deem appropriate.
e. (1)
In advising the President, as a result of the trade agreement entered
into,
the Commission shall determine whether the domestic industry has
suffered
or is being threatened with injury and whether the wholesale prices at
which the domestic products are sold are reasonable, taking into
account
the cost of raw materials, labor, overhead, a fair return on
investment,
and the overall efficiency of the industry.
(2) The
NEDA shall evaluate the report of the Commission and submit
recommendations
to the President.chanrobles virtuallaw libraryred(3) Upon
receipt of the report of the findings and recommendations of the NEDA,
the President may prescribe such adjustments in the rates of import
duties,
withdraw, modify or suspend, in whole or in part, or institute such
other
import restrictions as the NEDA recommends to be necessary in order to
fully protect domestic industry and the consumers, subject to the
condition
that the wholesale prices of the domestic products concerned shall be
reduced
to, or maintained at, the level recommended by the NEDA unless for good
cause shown, an increase thereof, as recommended by NEDA, is authorized
by the President. Should increases
be made without such authority, the NEDA shall immediately notify the
President,
who shall allow the importation of competing products in such
quantities
as to protect the public from the unauthorized increase in wholesale
prices. f. This
section shall not prevent the effectivity of any executive agreement or
any future preferential trade agreement with any foreign country.
chanrobles virtuallaw libraryredg. The
NEDA and the Commission are authorized to promulgate such reasonable
procedure,
rules and regulations as they may deem necessary to execute their
respective
functions under this section. PART
4
TARIFF
COMMISSIONchanrobles virtuallaw libraryred
Sec.
501. Chief Officials of the Tariff
Commission. — The Officials of the Tariff Commission
shall
be the Chairman and two (2) Member Commissioners to be appointed by
the President of the Philippines.
chanrobles virtuallaw libraryred
Sec.
502. Qualifications. — No
person shall be eligible for appointment as Chairman and Tariff
Commissioners
unless they are natural-born citizens of the Philippines, of good moral
character and proven integrity, and who by experience and academic
training
are possessed of qualifications requisite for developing expert
knowledge
of tariff problems. They shall
not, during their tenure in office, engage in the practice of any
profession,
or intervene directly or indirectly in the management or control of any
private enterprise which may, in any way, be affected by the functions
of their office nor shall be, directly or indirectly, financially
interested
in any contract with the Government, or any subdivision or
instrumentality
thereof.
Sec.
503. Appointment and Compensation
of Officials and Employees. — All employees of the
Commission
shall be appointed by the Chairman in accordance with the Civil Service
Law except the private secretaries to the Chairman, Commissioners and
Executive
Director.
The
Tariff Commission shall be reorganized in accordance with the
requirements
of its reorganized functions and responsibilities. The
Chairman of the Commission, subject to the approval of the
Director-General
of the National Economic and Development Authority, shall determine the
new positions-designations and salary scales of the officials and
employees
of the Commission by taking into account the degree of responsibilities
of each position: Provided, That the Office of Compensation and
Position
Classification shall be furnished a copy of the new plantilla of
positions
incorporating the new designations to be automatically included in its
manual of positions: Provided, further, That the reorganization shall
not
in any way affect whatever benefits the officials and employees of the
Commission are allowed under existing law and/or authority.
Sec.
504. Official Seal. — The
Commission is authorized to adopt an official seal.
Sec.
505. Functions of the Commission.
— The Commission shall investigate —
(a) the
administration of, and the fiscal and industrial effects of, the tariff
and customs laws of this country now in force or which may hereafter be
enacted;chanrobles virtuallaw libraryred(b) the
relation between the rates of duty on raw materials and the finished or
partly finished products;chanrobles virtuallaw libraryred(c) the
effects of ad valorem and specific duties and of compounds specific and
ad valorem duties;(d) all
questions relative to the arrangement of schedules and classification
of
articles in the several sections of the tariff law;
(e) the
tariff relations between the Philippines and foreign countries,
commercial
treaties, preferential provisions, economic alliances, the effect of
export
bounties and preferential transportation rates;
(f) the
volume of importations compared with domestic production and
consumption;
(g) conditions,
causes and effects relating to competition of foreign industries with
those
of the Philippines, including dumping and cost of production;
(h) in
general, to investigate the operation of customs and tariff laws,
including
their relation to the national revenues, their effect upon the
industries
and labor of the country, and to submit reports of its investigation as
hereinafter provided; and
(i) the
nature and composition of, and the classification of, articles
according
to tariff commodity classification and heading number for customs
revenue
and other related purposes which shall be furnished to NEDA, Board of
Investments,
Central Bank of the Philippines, and Secretary of Finance.
Sec.
506. Assistance to the President
and Congress of the Philippines. — In order that the
President
and the Congress may secure information and assistance, it shall be the
duty of the Commission to —
(a) Ascertain
conversion costs and costs of production in the principal growing,
producing
or manufacturing centers of the Philippines, whenever practicable;chanrobles virtuallaw libraryred(b) Ascertain
conversion costs and costs of production in the principal growing,
producing
or manufacturing centers of foreign countries of articles imported into
the Philippines whenever such conversion costs or costs of production
are
necessary for comparison with those in the Philippines;
chanrobles virtuallaw libraryred(c) Select
and describe representative articles imported into the Philippines
similar
to, or comparable with, those locally produced; select and describearticles
of the Philippines similar to, or comparable with, such imported
article;
obtain and file samples of articles so selected whenever advisable;(d) Ascertain
import costs of such representative articles so selected;
(e) Ascertain
the grower's, producer's or manufacture's selling prices in the
principal
growing, producing, or manufacturing centers in the Philippines, of the
articles of the Philippines, so selected;
(f) Ascertain
all other facts which will show the difference in, or which affect
competition
between, articles of the Philippines and those imported in the
principal
markets of the Philippines;
(g) Ascertain
conversion costs and costs of production including effects of tariff
modifications
or import restrictions on prices in the principal growing, producing or
manufacturing centers in the Philippines, whenever practicable; and
(h) Submit
annual reports of these to the President of the Philippines, copy of
which
shall be furnished to the NEDA, Central Bank of thePhilippines,
Department of Finance and the Board of Investments.
Sec.
507. Reports of the Commission.
— The Commission shall place at the disposal of the
President
and any member of the Congress of the Philippines or its member thereof
all information at its command; shall make such investigation and
report
as may be required by the President and the Congress of the Philippines
and shall report to the President and Congress on the first Monday of
December
of each year hereafter a statement of methods adopted and a summary of
all reports made during the year.
chanrobles virtuallaw libraryred
Sec.
508. Access to Documents and
Assistance to the Commission. — The Commission or its
duly
authorized representative shall have access to any document, paper or
record,
pertinent to the subject matter under investigation, in the possession
of any person, firm, co-partnership, corporation or association engaged
in the production, importation or distribution of any article under
investigation,
and shall have the power to summon witnesses, take testimony,
administer
oaths, and to issue subpoena duces tecum requiring the production of
books,
papers or documents relating to the matter under investigation. The
Commission may also request the views, recommendations and/or
assistance
of any government office, agency or instrumentality, and such office,
agency
or instrumentality shall cooperate fully with the Commission.
Sec.
509. Sworn Statements. — The
Commission may order the taking of sworn statements at any stage of any
proceeding or investigation before it. Such
sworn statements may be taken before any person having power to
administer
oaths.
Sec.
510. Verified Statements. — The
Commission is authorized to require any importer, grower, producer,
manufacturer
or seller to file with the Commission a statement, under oath, giving
his
selling prices in the Philippines of any article imported, grown,
produced,
fabricated or manufactured by him.
Sec.
511. Rules and Regulations of
the Commission. — The Commission shall adopt and
promulgate
such rules and regulations as may be necessary to carry out the
provisions
of this Code.
chanrobles virtuallaw libraryred Sec.
512. Appropriation. — In
addition to its current appropriation the amount of Six Hundred
Thousand
is hereby appropriated to carry
out the purpose of sections five hundred one and five hundred three of
this Code.
chanrobles virtuallaw libraryred
TITLE
III
EXPORT
TARIFF AND PREMIUM DUTYchanrobles virtuallaw libraryred
Sec.
514. Export Products subject
to Duty and Rates. — There shall be levied, assessed
and
collected an export duty on the gross F.O.B. value at the time of
shipment
based on the prevailing rate of exchange, of the following products in
accordance with the schedule specified in the column Export Duty.
chanrobles virtuallaw libraryred
In
addition to the export duties, herein referred to as basic rate, there
shall be levied, assessed and collected a premium duty on the
difference
between the current price as established by the Bureau of Customs and
the
base price of the products in accordance with the schedule specified
under
the column Premium Duty; Provided, That should the current price of any
export product be below the established base price, then only the basic
rate shall be applied: Provided, further, That, initially, the base
price
upon which the premium duty shall be levied eighty per centum (80%) of
the F.O.B. value of exports established by the Bureau of Customs for
February
1974. The National Economic
and Development Authority shall, from time to time, review and
establish
such base prices taking into account, among others, the cost conditions
in various industries.
chanrobles virtuallaw libraryred EXPORT
PRODUCTS EXPORT DUTY 1
chanrobles virtuallaw libraryred Wood
Products
1. Logs 20%chanrobles virtuallaw libraryred2. Lumber3. Veneer
4. Plywood Mineral
Products
1. Metallic
ores and concentrates
a) Copperchanrobles virtuallaw libraryredb) Ironc) Chromite 2. Gold
chanrobles virtuallaw libraryred3. Non-Metallic
a) Clinker,
cement
chanrobles virtuallaw libraryredb) Portland
cement 4. Mineral
fuel
a) Bunker
fuel oil
chanrobles virtuallaw libraryredb) Petroleum
pitch 5. Silver Plant
and Vegetable Products
chanrobles virtuallaw libraryred1. Abaca
(stripped hemp, manufactured)2. Banana
3. Coconut
a) Coprachanrobles virtuallaw libraryredb) Coconut
oilc) Copra
meal/cake
d) Dessicated
coconut 4. Pineapple
a) Pineapple
sliced or crushedchanrobles virtuallaw libraryredb) Pineapple
juice or juice concentrate 5. Sugar
and Sugar Products
a) Centrifugal
sugarchanrobles virtuallaw libraryredb) Molasses 6. Tobacco
a) Tobacco
leaf
chanrobles virtuallaw libraryredb) Scrap
tobacco Animal
Products
1. Shrimp
and Prawns For
purposes of computing the duty, the cost of packaging and crating
materials
shall be deductible from the export value, provided such materials are
domestically manufactured using a substantial portion of local raw
materials,
as determined by the Board of Investments.
chanrobles virtuallaw libraryred Sec.
515. Flexible Clause. — The
President, upon recommendation of the National Economic and Development
Authority, may subject any of the above products to higher or lower
rates
of duty provided in this Title, include additional products, exclude
or exempt
any product from this Title, or additionally subject any product to an
export quota. In
the exercise of this authority the President shall take into account:
(1)
the policy of encouraging domestic processing; (2) the prevailing
prices
of export products in the world market; (3) the advantages obtained by
export products from international agreements to which the Philippines
is a signatory; (4) the preferential treatment granted to our export
products
by foreign governments; and (5) the need to meet domestic consumption
requirements.
chanrobles virtuallaw libraryred
Sec.
516. Assessment and Collection
of the Duty. — The duty shall be assessed by the Bureau
of Customs and collected by the Bureau thru authorized agent banks of
the
Central Bank not later than 30 days from the date of shipment.
chanrobles virtuallaw libraryred Sec.
517. Deficiency and Surcharges.
— In case the duty is not fully paid at the time
specified
hereof, the deficiency shall be increased by an amount equivalent to
twenty-five
per centum (25%) thereof, the total to be collected in the same manner
as the duty. Where the deficiency
is the result of false or fraudulent statements or representations
attributable
to the exporter, the surcharge shall be fifty per centum (50%).
chanrobles virtuallaw libraryred Sec.
518. Allotment and Disposition
of the Proceeds. — The proceeds of this duty shall
accrue
to the General Fund and shall be allotted for development projects;
except
that one per centum (1%) annually shall be set aside for the Export
Assistance
Fund to be administered by the Board of Investments and expended in
accordance
with the General Appropriations Act to finance export promotion
projects;
however, thirty per cent of this 1% shall accrue to the Bureau of
Customs
which shall constitute as its intelligence fund to be disbursed by the
Commissioner of Customs in the implementation of this Title, such as
but
not limited to the purchase of equipment, hiring of personnel if
necessary
and for such other operational expenses in the promotion of the export
industry.
chanrobles virtuallaw libraryred Sec.
519. Rules and Regulations. — The
Commissioner of Customs shall promulgate the rules and regulations
necessary
for the implementation of this Title, subject to the approval of the
Secretary
of Finance.
chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Export
duties on all export products except logs abolished under Executive
Order
No.
26 dated July 1, 1986.
chanrobles virtuallaw libraryred
Back
to Top - Back
to Main Index - Back
to Home
Since
19.07.98
|