TC CITIZEN’S CHARTER Revised November 2014

TC CITIZEN’S CHARTER
Revised
November 2014
FOREWORD
Through this Citizen‟s Charter, the Tariff Commission, or TC, aims to give its
stakeholders a better understanding and appreciation of its functions and
responsibilities mandated by laws. This Charter likewise aims to provide them with
precise information on its frontline services, documentary requirements, fees, and
service standards for every transaction, to promote faster and transparent service.
This Citizen‟s Charter consists of three (3) parts, thus:
Part I – Overview deals with general information about the Commission, its
Vision/Mission Statements, a brief historical background dating back to June
20, 1953 when the first Philippine Tariff Commission was established under
Republic Act No. 911, the present set-up and organizational structure of the
Commission under Executive Order 366, its publications, the innovative
Philippine Tariff Finder and improved TC website, fees and charges, inquiries
and complaints, and the Commission‟s Service Pledge and Commitments.
Part II – Mandate tackles the Commission‟s functions under the Tariff and
Customs Code, as amended, namely: Modification of Duties, Promotion of
Foreign Trade, Tariff Commodity Classification, and Assistance to the President
and Congress. It also discusses the additional major responsibilities of the
Commission as a quasi-judicial body under the following legislations related to
its core work: R.A. 8752 (Anti-Dumping), R.A. 8751 (Countervailing Duty), and
R.A. 8800 (Safeguard Measure).
Part III – Annexes show the step-by-step procedures in availing of the
Commission‟s services, Commission Forms, the schedule of fees and charges,
and the Commission directory.
If our stakeholders, after reading this 2014 edition of our Citizen‟s Charter,
gain a better appreciation of the role played by the Commission in implementing
trade and tariff policies of the government, then the reason for its publication will
have been achieved.
EDGARDO B. ABON
Chairman
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TC CITIZEN’S CHARTER
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November 2014
Table of Contents
I. The Philippine Tariff Commission: An Overview
1
Vision/Mission
Service Pledge & Commitments
„ Historical Background
Rationalization Plan under E.O. 366
Organizational Chart
Education and Information
Publications
Philippine Tariff Finder / Website
Fees and Charges
Inquiries and Complaints
Liaison
2
3
4
5
6
6
7
7
8
8
8
II. The Philippine Tariff Commission: Its Mandate
9
Provisions of the Tariff and Customs Code of the Philippines
9
Section 401– Flexible Clause (Modification of Duty)
Section 402 – Promotion of Foreign Trade
Section 1313a – Tariff Commodity Classification
Section 506 – Assistance to the President and Congress
9
10
11
12
Trade Remedy Laws
13
R.A. 8752 (s. 1999) – Anti-Dumping Act of 1999
R.A. 8751 (s. 1999) –Countervailing Duty Act of 1999
R.A. 8800 (s. 2000) –Safeguard Measures Act
13
15
17
Annexes
“A”
“B”
“C”
“D”
“E”
Steps in Applying for: (1) Tariff Modification Under
Section 401 and (2) Withdrawal/Suspension of Tariff
Concessions Under Section 402
Steps in Applying for: (1) Tariff Commodity
Classification Rulings, For Imports and (2) Tariff
Classification Opinions, For Exports
Steps in the Formal Investigation Process for Petitions
for Trade Remedy Measures Under: (1) R.A. 8751, (2)
R.A. 8752, and (3) R.A. 8800
Schedule of Fees and Charges
Tariff Commission Directory
19
20
21
22
23
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TC CITIZEN’S CHARTER
Revised
November 2014
I. THE PHILIPPINE TARIFF COMMISSION: AN OVERVIEW
The Tariff Commission (TC) is a key adviser to the executive and legislative
branches of government on tariff and related matters, is an independent adjudicatory
body on trade remedy cases, and an advocate of industry competitiveness and
consumer welfare.
Under the Tariff and Customs Code of the Philippines (TCCP), as amended, the
Tariff Commission is mandated to:
a) develop, formulate and recommend tariff policies and programs consistent
with national economic objectives;
b) enforce and administer the tariff provisions of the Tariff and Customs Code;
c) investigate and decide on cases of unfair trade practices of dumping and
subsidization;
d) investigate and recommend safeguard action in cases of injurious import
surges under fair trade practice conditions;
e) determine contestability of local/foreign markets in the economy.
The Commission is one of the member agencies of the Tariff and Related Matters
(TRM) Committee involved in recommending to the President a continuous program
for the country‟s tariff structure.1
Under Executive Order (E.O.) 143 (Instituting Effective Operational Mechanisms
and Strategies in the Tariff Commission) dated August 21, 1999, the following functions
of the Commission are strengthened and emphasized:
a) institutionalization and acceleration of economic reforms to raise levels of
competition, encourage economic efficiency, and improve consumer welfare;
b) intensification of all measures to strengthen Philippine trade relations with all
other countries, economies, and institutions in the international community;
c) provision of trade assistance and facilitation to domestic industry;
d) investigation of anti-dumping practices of foreign industries affecting the
Philippine economy, and expedite the fair and thorough adjudication of all
cases involving trade measures;
e) reinforcement of all research activities that study levels of competition and
contestability in our economy and monitor the trade practices and activities
of all other countries, economies, and institutions in the international
community; and
1
Executive Order No. 230 s. 1987
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TC CITIZEN’S CHARTER
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f) conduct of a continuing program of advocacy to promote new
developments in international trade and tariff policy.
Under the Commission‟s approved Rationalization Plan pursuant to E.O. 366
dated October 4, 2004, the re-invented Tariff Commission has the following
strengthened functions in the light of a more liberal trading environment:
a) tariff code implementation;
b) trade remedies implementation;
c) promotion and acceleration of global competitiveness of Philippine
industries;
d) active involvement in foreign trade and tariff negotiations areas due to
changes in the global trading system, the Philippine commitments under the
WTO, APEC, ASEAN, WCO and other international trade fora, and the
Philippines‟ own unilateral tariff reform program.
Vision
The Tariff Commission shall be the principal and independent authority on tariff
and trade remedy measures to enhance industry competitiveness and promote
consumer welfare.
Mission
The Tariff Commission, a key adviser to the executive and legislative branches of
government on tariff and related matters, an independent adjudicatory body on trade
remedy cases and an advocate of a strong competition law and policy, remains
committed to the pursuit of good and effective governance.
In the conduct of public hearings and consultations, we commit ourselves to
balance with objectivity the interests of our stakeholders, including consumers.
The Commission remains committed to investigate and adjudicate trade remedy
cases in an expeditious and judicious manner.
Where our competence in tariff commitments is required in relation to
international trade, we work harmoniously with other agencies in promoting the
national interest.
We endeavour to secure the best for our staff, to hone their skills and develop to
the fullest their potentials even as we instil in them the values of honesty, dignity and
the pride inherent in working for our country and people.
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The Tariff Commission discharges its duties and responsibilities with utmost
competence and efficiency as a model of excellence and integrity in government
service.
Service Pledge and Commitments
The Tariff Commission is committed to adopt programs and operational
strategies to best promote the growth of efficient, self-reliant, innovative and globally
competitive Philippine industries. In assessing the feedback by which the Commission
can evaluate its relevance and effectiveness, the views and positions ventilated by
concerned stakeholders – industries and consumers – during public hearings and
consultations shall always merit judicious consideration.
As a quasi-judicial body on laws providing domestic industries with the “safety
nets” against the unfair trade practices of dumping and foreign subsidization, the
Commission will do its level best to be true to this mandate. The investigation of
injurious import surges under fair trade conditions will be done with the same zeal and
commitment to ensure that our recommendations will be in the public interest. In the
performance of our functions on trade remedy laws, we shall see to it that our tasks are
carried out in accordance with Philippine obligations under the pertinent WTO
Agreements and with regard to due process of law.
Cognizant of the sensitive nature of our functions, we, the Commission staff, will
discharge our duties in accordance with the core values of competence,
professionalism, commitment, and most of all, integrity. We shall not only endeavor to
maintain the integrity of this agency but also to check any contrary perception that
may threaten to diminish the public‟s faith in us.
In the international front, we remain convinced that the conduct of foreign
relations for economic development is a major and necessary tool. We shall wield this
tool, in collaboration with other agencies, to intensify our efforts to buttress and sustain
our trade relations with the rest of the world, particularly in multilateral and regional
trading arrangements where we shall actively promote the national interest.
Confronted with rapid technological change, we shall adopt programs aimed at
continuously upgrading the capability and knowledge of those who constitute this
agency. In these programs, we shall ensure that as we hone their skills, we also nurture
their intellect, vision and moral values.
We affirm our strict compliance with government‟s call for no less than the
diligent discharge of our responsibilities. We shall heed this summons in the age-old
tradition of faithful adherence to the highest ethical standards of public service.
In abiding by these commitments, we aim to demonstrate not only the true
meaning of public service. We also aim to display the strength of our nation and our
race through our government‟s unrelenting efforts to push the nation towards the
frontiers of globalization and sustainable and inclusive economic progress.
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Historical Background
Date
June 20, 1953
Milestone
First Philippine Tariff Commission (TC) was established (Republic
Act No. 911)
Headed by a Collegial Body consisting of a Chairman and two
(2) Commissioners
August 17, 1953
1956
1957
Under the supervision of the Office of the President
TC officials and employees took their oaths of office
TC Foundation Day
TC was reorganized and became a division of the Department of
Finance under the special provisions of the General
Appropriations Act of 1956
TC was re-established under the Tariff and Customs Code of the
Philippines (R.A. 1937) as an independent body
Headed by a Commissioner and an Assistant Commissioner
1972
1975
1987
April 01, 2000
Under the supervision of the Office of the President
TC was reconverted into a Collegial Body consisting of a
Chairman and two (2) Member-Commissioners (under
Presidential Decree No. 1)
Under the supervision of the National Economic and
Development Authority (NEDA)
By virtue of President Marcos‟ directive to Dr. Manuel Alba,
Deputy Director General (NEDA) and concurrent TC Chairman,
the Commission was reorganized to a functional set-up.
Reorganization – E.O. 292 (Administrative Code of 1987)
The set-up is from functional to sectoral:
 Agricultural & Food Division
 Machineries and Transportation Division
 Chemicals Division
 Textile and Paper Division
 Metals and Non-Metals Division
Effectivity of TC reorganization pursuant to E.O. 143 (Instituting
Effective Operational Mechanisms and Strategies in the Tariff
Commission)
Headed by a Collegial Body consisting of a Chairman and two
(2) Member- Commissioners
Shifted from a sectoral to a functional set-up
Remains as an attached agency of NEDA
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TC CITIZEN’S CHARTER
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September 23, 2008
Revised
November 2014
Milestone
Rationalization Plan under E.O. 366
Headed by a Collegial Body consisting of a Chairman and
two (2) Member-Commissioners
Two (2) Services created:


Finance, Management and Administrative Service
(FMAS); and
Research, Investigation and International Trade
Analysis Service (RIITAS)
Each Service is headed by a Director III. A Director II assists
the Director III in the RIITAS.
Remains under the supervision of NEDA
Rationalization Plan Under Executive Order 366
A.
Function
The Tariff Commission Rationalization Plan under E.O. 366 was approved on
September 23, 2008. The functions of the Commission were strengthened in the light
of a more liberal trading environment. Such functions include (a) Tariff Code
implementation; (b) Trade remedies implementation; and (c) Promotion of fair
competition.
B.
Organizational Structure
Consistent with the general nomenclature used for agencies headed by a
Chairman, the Chairman and Member-Commissioners as a collegial body is renamed
Office of the Chairman.
There are two (2) services: Finance, Management and Administrative Service
(FMAS); and Research, Investigation and International Trade Analysis Service (RIITAS).
Each service is headed by a Director III. A Director II assists the Director III in the RIITAS.
The FMAS has three (3) divisions, namely: (1) Administrative Division; (2)
Financial Management Division; and (3) Planning, Management and Information
Systems Division.
The RIITAS comprises four (4) divisions, namely: (1) Commodities Studies
Division; (2) Economics, Trade and Industry Studies Division; (3) Financial Studies
Division; and (4) International Trade Studies Division.
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TC CITIZEN’S CHARTER
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Organizational Chart
Education and Information
Education and information activities play a vital role in the Commission‟s work.
To ensure information reaches the widest audience possible, TC uses a variety of
methods including publications, the Internet, regional public information campaigns,
and in-house seminars and workshops.
The Commission devotes considerable resources to programs and activities
designed to improve public awareness of the provisions of the Tariff and Customs Code
and the latest developments in trade and tariff policy.
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Publications
The Commission has a range of publications on tariff and related matters.
The Commission publishes an updated Tariff and Customs Code (Volumes 1 and
2); A Primer on Developments in Tariff and Trade Policy; Compendium of Tariff
Commodity Classification (TCC) Rulings; and Alphabetical Index. The Commission also
distributes the Philippine Standard Commodity Classification (PSCC) Code book.
For the list of all current publications, please get in touch with the Planning,
Management and Information Systems Division of the Commission at (02) 929-19-05,
or visit the Commission‟s website.
There is a charge at minimal cost for the publications.
Philippine Tariff Finder / Website
The Philippine Tariff Finder (PTF) was developed by the Tariff Commission as an
online frontline service to facilitate the public‟s need for quick and accurate information
on Philippine tariff rates. Available free of charge and requiring only Internet
connection, this facility houses all eight (8) tariff schedules of the Philippines, based on
the latest tariff nomenclature, and enables the user to find Philippine tariff rates on
specific products simply by typing in keywords or ASEAN Harmonized Tariff
Nomenclature (AHTN) Codes.
Through the PTF, the Commission tries to provide quicker access to a crucial
information resource necessary for Philippine businesses to prosper in a flat, highly
competitive world. The URL is: http://www.tariffcommission.gov.ph/tariff_finder.
The Commission‟s website is updated regularly to make new and sought-after
information
available
quickly
to
the
public.
The
URL
is:
http://www.tariffcommission.gov.ph.
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Fees and Charges
There are fees the Commission is charging for applications under Sections 401,
402 and 1313a of the TCCP and for formal investigations conducted pursuant to
Republic Acts 8751, 8752 and 8800. TC Administrative Order No. 14-098 issued in
November 2014 provides the Schedule of Fees and Charges (Annex “D”).
Inquiries and Complaints
The Commission welcomes inquiries on technical matters concerning tariff and
related matters as well as complaints from its stakeholders about what they perceive to
be the lapses and shortcomings of the Commission staff.
TC technical personnel are available during office hours for consultations and
advice.2 The public can contact the Commission by phone, fax, e-mail, snail mail, or in
person. Please refer to the Commission directory for contact details (Annex “E”).
If the staff cannot help, they will refer the appropriate government department
or agencies to contact or other options that may be available.
There is no fee or charge for making a complaint or inquiry.
Liaison
The Commission has extensive links, both formal and informal, with other
government departments and agencies dealing on common policy areas, as well as
business, professional and consumer organizations and bodies.
There has been a considerable strengthening of links with the Philippine Mission
in Geneva and the ASEAN and APEC Secretariats.
2
A designated Officer-of-the-Day (OD) is stationed at the lobby during office hours (including lunch break) to assist
visitors and directing them to the concerned technical staff.
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II. THE PHILIPPINE TARIFF COMMISSION: ITS MANDATE
The Commission‟s mandate is provided by (1) relevant provisions of the Tariff
and Customs Code of the Philippines (TCCP), as amended, and (2) trade remedy laws Republic Acts 8751, 8752, and 8800.
Provisions of the Tariff and Customs Code of the Philippines
The Tariff Commission is mandated to discharge its duties and responsibilities
under the following provisions of the TCCP, as amended.
Section 401 – Flexible Clause (Modification of Duty)
1.
What is Section 401 of the Tariff and Customs Code of the Philippines, as
amended?
Section 401 of the Tariff and Customs Code provides the legal basis by which the
President may: (1) change the level and form of import duties, (2) impose an import
quota or ban imports, and (3) levy an additional duty on all imports.
2.
Who can file a Section 401 petition for tariff modification?
Any interested party, including domestic manufacturers, importers, exporters,
customs brokers, and government agencies, may file a Section 401 petition for tariff
modification.
The Commission conducts investigations on the petitions it receives during
which public hearings are held to afford interested parties reasonable opportunity to
present their views. The Commission submits its findings and recommendations to
NEDA, which then schedules these for deliberation by the Tariff and Related Matters
(TRM) Technical and Cabinet Committees.
Final approval is granted by the NEDA Board after which, the Commission
prepares the implementing Executive Order.
3.
What is the procedure for filing a Section 401 petition for tariff adjustment?
A petitioner is required to accomplish Tariff Commission Form 3 (Request for
Tariff Modification), which is available at the Commission and downloadable from its
website, in fillable format.
4.
Are there any fees to be paid by petitioners?
Petitions found to be meritorious under Section 401 are subject to a Filing Fee of
Five Thousand Pesos (P5,000.00) and a Legal Research Fund Fee of Fifty Pesos
(P50.00), per tariff heading, which is collected prior to the conduct of public hearing.
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Petitioners also share in the publication cost of the Commission‟s Notice of Public
Hearing (which is published in two newspapers of general circulation). A petitioner‟s
share in the publication cost is based on the number of products he is petitioning for
tariff modification and subject of the public hearing.
5.
What is the timetable for completion of a Section 401 investigation?
The Commission completes its investigation and submits its report of findings
and recommendations to NEDA within thirty (30) days after the termination of the
public hearing.
6.
How does one file a petition for tariff modification under Section 401?
The step-by-step procedure in applying for tariff modification under Section 401
is shown in Annex “A”. Said procedure is posted at the lobby of the Commission‟s
office at the 5th floor of the Philippine Heart Center Building.
Section 402 – Promotion of Foreign Trade
1.
What is Section 402 of the Tariff and Customs Code of the Philippines, as
amended?
Section 402 of the Tariff and Customs Code provides the legal basis by which the
President may enter into trade agreements with foreign governments and modify
import duties and other import restrictions as part of these trade agreements.
2.
Who can file and what are the filing procedures under Section 402 for petitions
for tariff modification and withdrawal/suspension of concessions under
international trading arrangements?
Interested parties may file their petitions under Section 402 with the Tariff
Commission. A petitioner is required to accomplish TC Form 4 (Request for
Withdrawal/Suspension of Tariff Concession) which is available at the Commission and
downloadable from its website.
The Commission conducts investigations on the petitions it receives during
which public hearings are held to afford interested parties reasonable opportunity to
present their views. The Commission submits its findings and recommendations to
NEDA, which then schedules these for deliberation by the Tariff and Related Matters
(TRM) Technical and Cabinet Committees.
Final approval is granted by the NEDA Board after which, the Commission
prepares the implementing Executive Order.
3.
Are there any fees to be paid by petitioners?
Petitions found to be meritorious under Section 402 are subject to a Filing Fee of
Five Thousand Pesos (P5,000.00) and a Legal Research Fund Fee of Fifty Pesos
(P50.00), per tariff heading, which is collected prior to the conduct of public hearing.
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Petitioners also share in the publication cost of the Commission‟s Notice of Public
Consultation which is published in two (2) newspapers of general circulation. A
petitioner‟s share of the publication cost is based on the number of products he is
petitioning for withdrawal/suspension of tariff concession and subject of the public
consultation.
4.
What is the timetable of a Section 402 investigation?
Tariff Modification
The Commission completes its investigation and submits its Report of Findings
and recommendations to NEDA within thirty (30) days after the termination of the
public consultation.
Withdrawal or Suspension of Tariff Concessions
Taking into account unforeseen difficulties that stakeholders may face as the
Philippines implements its international tariff commitments, the Commission
investigates and submits its Report of Findings and recommendations to NEDA within
sixty (60) days from receipt of a properly documented petition.
Commission Order No. 02-01 provides the rules and regulations governing the
conduct of the Commission‟s formal investigation on the withdrawal and/or
suspension of concessions under Section 402.
5.
How does one file a petition for withdrawal/suspension of tariff concessions
under Section 402?
The step-by-step procedure in applying for withdrawal/suspension of tariff
concessions under Section 402 is shown in Annex “A”. Said procedure is posted at the
lobby of the Commission‟s office at the 5th floor of the Philippine Heart Center Building.
Section 1313a – Tariff Commodity Classification
1.
What is Section 1313a of the Tariff and Customs Code of the Philippines, as
amended?
The tariff nomenclature in Section 104 (Rates of Import Duty) of the TCCP, as
amended, is currently based on the 2012 version of the ASEAN Harmonized Tariff
Nomenclature (AHTN).
Section 1313a of the TCCP, as amended, provides that when an article imported
or intended to be imported is not specifically classified in the TCCP, the interested party
may request the Tariff Commission in writing to indicate the heading number under
which the article is or shall be dutiable.
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TC CITIZEN’S CHARTER
2.
Revised
November 2014
What are the requirements to obtain a Tariff Commodity Classification (TCC)
Ruling, for import products, and a Tariff Classification Opinion, for export
products?
The applicant shall submit to the Commission a duly accomplished TC Form 1
(Request for Tariff Classification Ruling), or TC Form 2 (Request for Tariff Classification
Opinion for Export Product), in three (3) copies and duly notarized, certifying that the
sample(s), catalogue(s), brochure(s), and/or technical descriptions being submitted are
true and correct and relate to subject article and that the applicant will submit
additional information required within ten (10) working days after receipt of a letter
from the Commission. TC Forms 1 and 2 are available at the Commission and
downloadable from the Commission‟s website, in fillable format.
The applicant shall also submit samples of the product, technical
brochures/catalogues, technical specifications, or chemical compositions together with
the duly accomplished TC Form 1 or 2.
3.
How much is the filing fee?
A Filing Fee of Five Hundred Pesos (P500.00), plus a Legal Research Fund Fee of
Ten Pesos (P10.00), is collected for every TCC Ruling or Tariff Classification Opinion
requested.
4.
What is the normal processing time for the Commission to issue a TCC Ruling?
Issuance of TCC Ruling/Tariff Classification Opinion is 30 days from
determination by the Commodity Specialist of the completeness and sufficiency of the
application in form, substance, and supporting documents.
5.
Is a TCC Ruling binding with the Bureau of Customs?
Pursuant to Section 1313a of the TCCP, as amended, rulings of the Commission
are binding with the Bureau of Customs. However, in case of conflict, the TCC Ruling is
elevated to the Secretary of Finance for final decision.
6.
How does one apply for a TCC Ruling or Tariff Classification Opinion?
The step-by-step procedure in applying for a TCC Ruling or Tariff Classification
Opinion under Section 1313a is shown in Annex “B”. Said procedure is posted at the
lobby of the Commission‟s office at the 5th floor of the Philippine Heart Center Building.
Section 506 – Assistance to the President and Congress of the Philippines
Assistance is extended by the Commission to the President and Congress
through the conduct of studies and/or submission of position papers / comments on
tariff and tariff-related matters being discussed in Congress or in domestic and
international trade fora.
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Trade Remedy Laws
The Commission has additional major responsibilities as a quasi-judicial body
under the following legislations related to its core work.
Republic Act 8752 (s. 1999) – Anti-Dumping Act of 1999
1.
What is dumping?
Dumping is a form of price discrimination between two national markets. It
occurs when foreign producers sell their products to an importer in the domestic
market at prices lower than in their own national markets, or at prices below cost of
production, the sale or importation of which injures or threatens to injure a domestic
industry producing like or comparable products or retards the establishment of a
potential industry.
2.
What is the Anti-Dumping Act of 1999?
Republic Act (R.A.) 8752, otherwise known as the “Anti-Dumping Act of 1999,”
which amended Section 301 of the Tariff and Customs Code of the Philippines, as
amended, provides protection to a domestic industry which is being injured, or is likely
to be injured, by the dumping of products imported into or sold in the Philippines.
3.
When was R.A. 8752 signed? Effective?
R.A. 8752 was signed on August 12, 1999 and took effect on September 4,
1999.
4.
What are the elements of dumping?
There are four (4) elements of dumping, namely:
a. Like Product - product produced by the domestic industry which is identical
or alike in all respects to the article under consideration, or in the absence of
such a product, another product which, although not alike in all respects, has
characteristics closely resembling those of the product under consideration.
b. Price Difference - amount by which the normal value (the price prevailing in
the exporting country) exceeds the export price (selling price to an importer
in the Philippines).
c. Injury - material injury to a domestic industry, threat of material injury or
material retardation of the establishment of a domestic industry. Injury test
must be based on positive evidence and must involve an objective
examination of both (a) the volume of the dumped imports and the effect of
dumped imports on the prices of like product in the domestic market, and
(b) the consequent impact of these imports on the domestic producers of
such products.
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d. Causal Link - must exist between the injury being suffered by the domestic
industry and the dumped imports. It must be clear that the injury suffered is
directly attributable to the alleged dumping.
In an anti-dumping petition, all four (4) elements must be established.
5.
Who may file an anti-dumping protest?
A protest may be filed by or on behalf of the domestic industry in writing and
should be embodied in a notarized form.
6.
Are there fees to be paid for formal investigation of an anti-dumping case?
Petitions found to be meritorious under R.A. 8752 are subject to a Filing Fee of
Twenty Thousand Pesos (P20,000.00) and a Legal Research Fund Fee of Two Hundred
Pesos (P200.00), per case.
7.
Who else, aside from the domestic industry, may initiate an anti-dumping
investigation?
In special circumstances, the Department of Trade and Industry (DTI) or
Department of Agriculture (DA) may, on its own motion, initiate an anti-dumping
investigation without having received a written application by or on behalf of a
domestic industry. The concerned authorities should have sufficient evidence of
dumping, injury and a causal link to justify the initiation of the investigation.
8.
What is the role of the Tariff Commission in anti-dumping investigations?
The Commission conducts formal investigation and submits a report of findings
to either Secretary for the issuance of a Department Order imposing the definitive antidumping duty (in case of affirmative findings).
9.
What is the timetable for the completion of a formal investigation by the
Commission?
The Commission shall submit within one hundred twenty (120) calendar days
from receipt of the case its Final Report of Findings and decision to the Secretary of
Trade and Industry (in the case of industrial goods) or to the Secretary of Agriculture (in
the case of agricultural products) for the issuance of the appropriate Department
Order.
The step-by-step procedure for petitions under R.A. 8752 is shown in Annex “C”.
Said procedure is posted at the lobby of the Commission‟s office at the 5th floor of the
Philippine Heart Center Building.
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Republic Act 8751 (s. 1999) – Countervailing Duty Act of 1999
1.
What is a countervailing duty?
A "countervailing duty" is a special duty levied, in addition to the regular duty
and other charges, by an importing country on its imports which have been found to
be subsidized in the country of origin or exportation. It is equal to the ascertained
amount of subsidy, calculated in terms of subsidization per unit of the subsidized
exported product.
2.
What is a countervailing bond?
A "countervailing bond" is a security (cash deposit or bond) equal to the amount
of the provisionally calculated amount of subsidization. It is required to be posted
when the investigating authorities judge that such measure is necessary to prevent
injury being caused to the domestic industry during the investigation.
3.
What is the Countervailing Duty Act of 1999?
Republic Act 8751, otherwise known as the “Countervailing Duty Act of 1999,”
which amended Section 302 of the Tariff and Customs Code of the Philippines, as
amended, provides protection to a domestic industry which is being injured, or is likely
to be injured, by subsidized products imported into or sold in the Philippines.
4.
When was R.A. 8751 signed? Effective?
R.A. 8751 was signed on August 7, 1999 and took effect on August 31, 1999.
5.
What are the elements or factors to be considered before a countervailing duty
may be imposed?
There are four (4) elements or factors which must be considered before a
countervailing duty may be imposed, namely:
a. Like Product - product produced by the domestic industry which is identical
or alike in all respects to the article under consideration, or in the absence of
such a product, another product which, although not alike in all respects, has
characteristics closely resembling those of the product under consideration.
b. Subsidy - any financial assistance extended to the production, manufacture,
carriage or export of goods.
c. Injury - material injury to a domestic industry, threat of material injury or
material retardation of the growth, or the prevention of the establishment, of
a domestic industry. Injury test must be based on positive evidence and
must involve an objective examination of both (a) the volume of the
subsidized imports and the effect of subsidized imports on the prices of like
product in the domestic market, and (b) the consequent impact of these
imports on domestic producers of such products.
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d. Causal Link - the material injury suffered by the domestic industry is the direct
result of the importation of the subsidized product.
Like in anti-dumping, all four (4) elements must be established in a petition for
countervailing duty.
6.
Who may file a petition for countervailing action?
A petition may be filed by or on behalf of the domestic industry in writing and
should be embodied in a notarized form.
7.
Who else, aside from the domestic industry, may initiate a countervailing
investigation?
In special circumstances, DTI or DA may, on its own motion, initiate a
countervailing action. The concerned authorities should have sufficient evidence of
subsidization, injury and a causal link to justify the initiation of the investigation.
8.
Are there fees to be paid for a countervailing case?
Petitions found to be meritorious under R.A. 8751 are subject to a Filing Fee of
Twenty Thousand Pesos (P20,000.00) and a Legal Research Fund Fee of Two Hundred
Pesos (P200.00), per case.
9.
What is the role of the Tariff Commission in subsidies and countervailing
investigations?
The Commission conducts formal investigation and submits a report of findings
to either the DTI or DA Secretary for the issuance, in case of affirmative findings, of a
Department Order concerning the imposition of the definitive countervailing duty.
10.
What is the timetable for the completion of the formal investigation by the
Commission?
The Commission shall submit within one hundred twenty (120) calendar days
from receipt of the case its Final Report of Findings and decision to the Secretary of
Trade and Industry (in the case of industrial goods) or to the Secretary of Agriculture (in
the case of agricultural products) for the issuance of the appropriate Department
Order.
The step-by-step procedure for petitions under R.A. 8751 is shown in Annex “C”.
Said procedure is posted at the lobby of the Commission‟s office at the 5th floor of the
Philippine Heart Center Building.
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Republic Act 8800 (s. 2000) – Safeguard Measures Act
1.
What is the law on the application of safeguard measures?
Republic Act 8800, otherwise known as the “Safeguard Measures Act” provides
for:
a. general safeguard measures to relieve domestic industries suffering from
serious injury as a result of increase in imports; and
b. special safeguard measures (additional duty not exceeding 1/3 of the
existing rate of duty) on agricultural products marked ”SSG‟ in Schedule
LXXV-Philippines, when the import volume exceeds its trigger level or when
the actual c.i.f. import price falls below a trigger price level.
The reason for the application of safeguard measures is to give the affected
domestic industry time to prepare itself against, and adjust to, increased import
competition because of the reduction of tariffs or the lifting of quantitative restrictions.
2.
When was R.A. 8800 signed? Effective?
R.A. 8800 was signed into law on July 19, 2000, published on July 24, 2000, and
took effect on August 9, 2000, i.e., fifteen (15) days following its complete publication
in two (2) newspapers of general circulation.
3.
Who may file a petition for safeguard measures?
For general safeguard measures, the following may file a petition:
a. Domestic producers as a whole of like or directly competitive products
manufactured or produced in the Philippines, or those whose collective
output of like or directly competitive products constitutes a major proportion
of the total domestic production of those products;
b. The President, or the House or Senate Committee on Agriculture, or the
House or Senate Committee on Trade and Commerce; and
c. The Secretary of Trade and Industry or the Secretary of Agriculture, motu
proprio, if there is evidence of increased imports of the product under
consideration.
For special safeguard measures, the following may file a petition:
a. Any person, whether natural or juridical, may request verification if a
particular agricultural product can be imposed a special safeguard duty.
b. The DA Secretary may, motu proprio, initiate the imposition of a special
safeguard measure following the satisfaction of the conditions for imposing
the measure.
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November 2014
Are there any fees to be paid for formal investigation of a general safeguards
case?
Petitions found to be meritorious under R.A. 8800 are subject to a Filing Fee of
Twenty Thousand Pesos (P20,000.00) and a Legal Research Fund Fee of Two Hundred
Pesos (P200.00), per case.
5.
Where is a petition for safeguard measure filed?
Petitions for general safeguard action shall be filed with the DTI Secretary
involving non-agricultural products, or with the DA Secretary in cases relating to
agricultural products. The concerned Secretary shall determine whether or not the
petition is proper in form and substance and whether or not the documentary
requirements are complied with.
Petitions for special safeguard measures shall be filed with the Secretary of
Agriculture.
6.
What is the role of the Tariff Commission in general safeguards investigation?
The Commission shall conduct the formal investigation to determine:
a. if the domestic product is a like product or a product directly competitive to
the imported product under consideration;
b. if the product is being imported into the Philippines in increased quantities
(absolute or relative to domestic production);
c. the presence and extent of serious injury or threat thereof to the domestic
industry that produces like or directly competitive product; and
d. the existence of a causal relationship between the increased imports of the
product under consideration and the serious injury or threat thereof to the
affected domestic industry.
7.
What is the timetable for the completion of the formal investigation by the
Commission?
The Commission shall conclude its formal investigation and submit a report of its
findings and conclusions to the Secretary within one-hundred-twenty (120) calendar
days from receipt of the request from the Secretary, except when the Secretary certifies
that the same is urgent, in which case the Commission shall complete the investigation
and submit the report within sixty (60) calendar days.
Upon its positive determination, the Commission shall recommend to the
Secretary an appropriate definitive measure.
The step-by-step procedure for petitions under R.A. 8800 is shown in Annex “C”.
Said procedure is posted at the lobby of the Commission‟s office at the 5th floor of the
Philippine Heart Center Building.
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Annex “A”
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Annex “B”
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Annex “C”
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Annex “D”
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Annex “E”
Tariff Commission Directory
Office Address:
5th Floor, Philippine Heart Center Building (PHC), East Avenue, Diliman, Quezon City,
Philippines
Day and Year of Foundation:
20 June 1953
Agency Trunkline Number/s, Fax and Email Addresses:
PHC Trunkline -
925-2401 to 50 locals 3501 – 3512
Fax No.
921-7960
-
433-5899
E-mail address -
info@tariffcommission.gov.ph
Website:
http://www.tariffcommission.gov.ph
Mother Agency:
National Economic and Development Authority (NEDA)
Full Names and Designation of Agency Officials, Direct and Local Lines:
Collegial Body
Name
Designation
Contact Details
433-5899
925-2401 to 50 local 3501
ebabon@tariffcommission.gov.ph
Atty. Edgardo B. Abon
Chairman
Ms. Marilou P. Mendoza
Commission Member III
433-5895
925-2401 to 50 local 3505
mpmendoza@tariffcommission.gov.ph
(vacant)
Commission Member III
433-4252
925-2401 to 50 local 3504
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Finance, Management & Administrative Service (FMAS)
Name
Vicente M. Querol
Maria Felicidad D. Donor
Vicente M. Querol
Marilou P. Mendoza
Designation/Unit
OIC-Director III
Chief Administrative
Officer
Administrative Division
Chief Administrative
Officer
Financial Management
Division
OIC
Planning, Management
and Information Systems
Division
Contact Details
929-1964/927-3724
925-2401 to 50 local 3506
vmquerol@tariffcommission.gov.ph
929-1964
925-2401 to 50 local 3506
mddonor@tariffcommission.gov.ph
929-1964
925-2401 to 50 local 3506
vmquerol@tariffcommission.gov.ph
929-1905
925-2401 to 50 local 3506
mpmendoza@tariffcommission.gov.ph
Research, Investigation & International Trade Analysis Service (RIITAS)
Name
Designation/Unit
Artemio D. Bernardino
Director III
Ma. Lourdes M. Saluta
Director II
Elvira C. Ignacio
Esperanza B. Palomata
Angelita R. Fernando
Gerry P. Gebela
Chief Tariff Specialist
Commodities Studies
Division
OIC / Supervising Tariff
Specialist
Economics, Trade and
Industry Studies Division
Chief Tariff Specialist
Financial Studies
Division
Chief Tariff Specialist
International Trade
Studies Division
Contact Details
433-5898/926-7476
925-2401 to 50 local 3503
adbernardino@tariffcommission.gov.ph
433-5898/926-7476
925-2401 to 50 local 3507
mmsaluta@tariffcommission.gov.ph
926-8731
925-24-01 to 50 local 3510
ecignacio@tariffcommission.gov.ph
433-5896
925-2401 to 50 local 3508
ebpalomata@tariffcommission.gov.ph
928-84-19
925-24-01 to 50 local 3502
arfernando@tariffcommission.gov.ph
928-8419
925-24-01 to 50 local 3510
gpgebela@tariffcommission.gov.ph
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