tc citizens charter 2012

51
CITIZEN’S CHARTER November 1, 2012 FOREWORD Through this Citizen‟s Charter, the Commission 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, requirements, fees and service standards for every transaction to promote faster and transparent service. This Citizen‟s Charter consists of four (4) parts, thus: Part I - Historical Background and General Information deals with the mandate of the Commission, Vision/Mission, its 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, website, fees and charges, inquiries and complaints, and links and the Commission Service Pledge and Commitments. Part II - Functions, Duties & Responsibilites tackles the Commission‟s functions under the Tariff and Customs Code, namely: Modification of Duties, Promotion of Foreign Trade, Tariff Commodity Classification and Assistance to the President and Congress. Part III Related Legislations 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 IV Annexes show the Commission Forms required to be accomplished by the stakeholders, the workflow charts, the schedule of fees and charges and the Commission directory. If our stakeholders, after reading this Citizens 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

Upload: neth-azcueta

Post on 07-Mar-2016

222 views

Category:

Documents


0 download

DESCRIPTION

the citizens charter of the tariff commission

TRANSCRIPT

CITIZEN’S CHARTER November 1,

2012

FOREWORD

Through this Citizen‟s Charter, the Commission 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, requirements, fees and service standards for every transaction to promote faster and transparent service.

This Citizen‟s Charter consists of four (4) parts, thus: Part I - Historical Background and General Information deals with the mandate of the Commission, Vision/Mission, its 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, website, fees and charges, inquiries and complaints, and links and the Commission Service Pledge and Commitments. Part II - Functions, Duties & Responsibilites tackles the Commission‟s functions under the Tariff and Customs Code, namely: Modification of Duties, Promotion of Foreign Trade, Tariff Commodity Classification and Assistance to the President and Congress. Part III – Related Legislations 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 IV – Annexes show the Commission Forms required to be accomplished by the stakeholders, the workflow charts, the schedule of fees and charges and the Commission directory. If our stakeholders, after reading this Citizens 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

CITIZEN’S CHARTER November 1,

2012

Table of Contents Page The Philippine Tariff Commission 1

Vision/Mission 2 The Tariff Commission: Service Pledge & Commitments „ Historical Background Rationalization Plan under EO 366

3 4 5

Tariff Commission Organizational Chart 6 Education and Information 6 Publications 7 Website 7 Fees and Charges 8 Inquiries and Complaints 8 Liaison 8 Functions, Duties & Responsibilities of the Commission 9

Section 401 – Modification of Duties (Flexible Tariff Clause) 9 Section 402 – Promotion of Foreign Trade 10 Section 1313a – Tariff Commodity Classification 11 Section 506 - Assistance to the President and Congress 12

Related Legislations 12

R.A. 8752 – Anti-Dumping 12 R.A. 8751 - Countervailing Duty 14 R.A. 8800 - Safeguard Measures 16

Annexes

“A” - Instructions for Accomplishing TC Form 3 (Information for Tariff Adjustment)

“B” - Section 401 Flow Chart “C” - Instructions for Accomplishing TC Form No. 4 “D” - Section 402 flow Chart “E” - Request for Tariff Classification Ruling (TC Form 1) “F” - Section 1313-a Flowchart “G” - Flowchart of Procedures of the TC‟s Formal Investigation under

Section 301, as amended by R.A. 8752 “H” - Flowchart of Procedures of the TC‟s Formal Investigation under

Section 302, as amended by R.A. 8751 “I” - Flowchart of Procedures of the TC‟s Formal Investigation on

Safeguard Measures, under R.A. 8800 “J-a” & “J-b” - Revised Schedule of Fees and Charges “K” - Tariff Commission Directory

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 1 -

The Philippine Tariff Commission (TC) The Commission 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), 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) involved in recommending to the President a continuous program for the country‟s tariff structure 1

Under Executive Order No. 143 (Instituting Effective Operational Mechanisms

and Strategies in the Tariff Commission) dated 21 August 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

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 2 -

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 Executive Order (EO) 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 local industry competitiveness vis-à-vis foreign

counterparts 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.

The Tariff Commission discharges its duties and responsibilities with utmost competence and efficiency as a model of excellence and integrity in government

service.

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 3 -

THE TARIFF COMMISSION: 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.

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 4 -

Historical Background

Date Milestone

June 20, 1953 First Philippine Tariff Commission (TC) was established (Republic Act No. 911). Headed by a Collegial Body consisting of a Chairman and two (2) Commissioners Under the supervision of the Office of the President.

August 17, 1953 TC officials and employees took their oaths of office

TC Foundation Day

1956 TC was reorganized and became a division of the Department of Finance under the special provisions of the General Appropriations Act of 1956

1957 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 Under the supervision of the Office of the President

1972 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)

1975 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.

1987 Reorganization – EO 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

April 01, 2000 Effectivity of TC reorganization pursuant to EO No. 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.

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 5 -

Date Milestone

September 23, 2008 Rationalization Plan under EO No. 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

Tariff Commission (TC) 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) Financial Management Division (2) Administrative Division; and (3) Planning, Management and Information Systems Division.

The RIITAS comprises four (4) division, namely: (1) Economics, Trade and Industry Studies Division; (2) International Trade Studies Division; (3) Commodities Studies Division; and (4) Financial Studies Division

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 6 -

Tariff Commission 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.

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 7 -

Publications The Commission has a wide range of publications on tariff and related matters. The Commission publishes an updated Tariff and Customs Code (Vols. 1 and 2); Primer on the Latest Developments in Trade and Tariff Policy; Compendium of TC Rulings; and Alphabetical Index. The Commission also distributes the Philippine Statistical Commodity Classification (PSCC). For the list of all current publications, contact 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. Website

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.

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 8 -

Fees and Charges There are fees the Commission is charging for applications under Sections 401, 402 and 1313-a with the TCCP and for formal investigations conducted pursuant to Republic Act 8751, 8752 and 8800. The legal bases for the collection of fees and charges are Administrative Order No. 05-006 (Annex “J-a”) and Administrative Order No. 06-082 (Annex “J-b”) issued on January 07, 2005 and September 14, 2006, respectively, pursuant to DOF-DBM Joint Circular No 2000-2 dated 04 April 2000. 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. The technical staff are available during office hours for consultations and advise. 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 “K”). 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 in directing them to the concerned technical staff.

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 9 -

Functions, Duties and Responsibilities of the Tariff Commission The Tariff Commission is mandated to discharge its duties and responsibilities under the following provisions of the TCCP as amended.

Section 401- Modification of Duty (Flexible Tariff Clause)

1. What is Section 401?

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 adjustments?

A petitioner is required to accomplish Tariff Commission Form No. 3

(Information for Tariff Adjustment), which is available at the Commission and downloadable from the Commission‟s website. (see Annex “A”)

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 three thousand pesos (P3,000.00) per one or more but not exceeding five (5) articles, which is collected prior to the conduct of public hearing.

Petitioners also share in the publication cost of the Commission‟s Notice

of Public Hearing (which is published in two (2) 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.

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 10 -

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.

A flowchart of the Commission‟s investigation procedure for Section 401

petitions is shown in Annex “B”. Said flowchart is posted at the lobby of the Commission on the 5th floor of the Philippine Heart Center Building.

Section 402 (Promotion of Foreign Trade)

1. What is Section 402?

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 petition for

tariff modification, withdrawal/suspension of concessions under international trading arrangements?

Interested parties may file with the Tariff Commission petitions for tariff

modification under Section 402. A petitioner is required to accomplish Tariff Commission Form 4 which is downloadable from the Commission‟s website. (See Annex “C”).

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 (EO).

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 Two Thousand Five Hundred Pesos (P2,500.00) per one or more but not exceeding five articles, which is collected prior to the conduct of a public consultation.

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

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 11 -

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?

Section 402 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.

A flowchart of the Commission‟s investigation procedure for Section 402

petitions is shown in Annex “D”. Said flowchart is posted at the lobby of the Commission at the 5th floor of the Philippine Heart Center Building.

Temporary Modification or Suspension of Concessions

Taking into account unforeseen difficulties that our stakeholders face in

implementing its 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 of the Tariff and Customs Code (available for reproduction at cost).3

Section 1313-A (Tariff Commodity Classification)

1. What is Section 1313-A?

Articles imported into the Philippines are classified in the ASEAN Harmonized Tariff Nomenclature (AHTN) Tariff and Customs Code, as amended. However, when a commodity imported or intended to be imported is not specifically provided for in the TCCP, any interested party may file with the Tariff Commission a request for a commodity classification ruling under this Section.

2. What are the requirements needed?

The applicant is required to submit in triplicate a notarized and duly

accomplished TC Form1 (Request for Tariff Classification Ruling) available at the Commission and downloadable from the Commission‟s websites (see Annex “E”). He is also required to submit sample or samples of the product (if available), technical brochures/catalogues indicating its specifications, material or chemical composition, intended application and other relevant information.

3 http://www.tariffcommission.gov.ph/comorder02-01.htm

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 12 -

3. How much is the filing fee? A filing fee of Three Hundred Pesos (P300.00) is collected from every

ruling requested pursuant to Administrative Order 06-08 issued on 14 September 2006.

4. What is the normal processing time for the Commission to issue ruling?

Tariff Commodity Classification (TCC) Rulings are issued within ten (10) working days from date of filing.

A flowchart of the Commission‟s Section 1313-a procedure is shown in

Annex “F”. 5. Is the Tariff Commission ruling binding with the Bureau of Customs?

Pursuant to Section 1313-a of the Tariff and Customs Code of the Philippines, rulings of the Commission are binding with the Bureau of Customs. However, in case of conflict, the ruling is elevated to the Secretary, Department of Finance for final decision.

Section 506 (Assistance to the President and Congress)

What is Section 506?

Under this Section, 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 matters being discussed in Congress or in domestic and international trade fora.

Related Legislations

The Commission has additional major responsibilities as a quasi-judicial body under the following legislations related to its core work.

Republic Act 8752 (Anti-Dumping)

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.

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 13 -

2. What is the Anti-Dumping Act of 1999?

Republic Act (RA) No. 8752, otherwise known as the “Anti-Dumping Act of 1999,” which amended Section 301 of the Tariff and Customs Code of the Philippines, 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. No. 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:

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.

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).

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.

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 the 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 embodied in a notarized form.

6. Are there fees to be paid for formal investigation of an anti-dumping case?

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 14 -

Petitions found to be meritorious under R.A. 8752 are subject to a filing fee of fifteen thousand pesos (P15,000.00) per article.

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 report

of findings to either Secretary for the issuance of a Department Order imposing the definitive anti-dumping duty (in case of affirmative findings).

9. 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.

A flowchart of the Commission‟s investigation procedure for Section 301 petitions is shown in Annex “G”. Said flowchart is posted at the lobby of the Commission on the 5th floor of the Philippine Heart Center Building.

Republic Act 8751 (Countervailing Duty)

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

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 15 -

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 No. 8751, otherwise known as the “Countervailing

Duty Act of 1999,” which amended Section 302 of the Tariff and Customs Code of the Philippines, 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. No. 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:

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.

Subsidy - any financial assistance extended to the production,

manufacture, carriage or export of goods.

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.

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 the 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.

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 16 -

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 fifteen thousand pesos (P15,000.00) per article.

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.

A flowchart of the Commission‟s investigation procedure for

Section 302 petitions is shown in Annex “H”. Said flowchart is posted at the lobby of the Commission on the 5th floor of the Philippine Heart Center Building.

Republic Act 8800 (Safeguard Measures)

1. What is the law on the application of safeguard measures?

Republic Act No. 8800, otherwise known as the “Safeguard Measures Act” provides for:

general safeguard measures to relieve domestic industries

suffering from serious injury as a result of increase in imports; and

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

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 17 -

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. No. 8800 signed? effective?

President Estrada signed the law on July 19, 2000. R.A. 8800 was published on July 24, 2000 and took effect on August 09, 2000, i.e., fifteen (15) days following its complete publication in a newspaper of general circulation.

3. Who may file a petition for safeguard measures?

For general safeguard measures, the following may file a

petition:

i. 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;

ii. The President, or the House or Senate Committee on Agriculture,

or the House or Senate Committee on Trade and Commerce; and iii. 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:

i. Any person, whether natural or juridical, may request verification

if a particular agricultural product can be imposed a special safeguard duty.

ii. The DA Secretary may, motu proprio, initiate the imposition of a

special safeguard measure following the satisfaction of the conditions for imposing the measure.

4. 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 fifteen thousand pesos (P15,000.00) per article.

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 18 -

5. Where to file?

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. A flowchart of the Commission‟s investigation procedure for

safeguard cases investigations is shown in Annex “I”. Said flowchart is posted at the lobby of the Commission on the 5th floor of the Philippine Heart Center Building.

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 19 -

Annex “A”

TARIFF COMMISSION 5th Flr. Philippine Heart Center Bldg.,

East Avenue Diliman, Quezon City

Tel Nos. 928-84-19; 926-87-31; Fax No. 921-79-60

INSTRUCTIONS IN ACCOMPLISHING THE INFORMATION

FOR TARIFF ADJUSTMENT

(TARIFF COMMISSION FORM NO. 3)

A. Accomplish form and submit four (4) copies with the Records Section of the Tariff

Commission with the following:

1. A covering letter indicating:

i. Name of article (s)

ii. Requested tariff modification

iii. Reasons for the request

iii. Other products produced by the firm

2. Audited Financial Statements for the last three (3) years including Statement of

Cost of Goods Manufactured.

3. Certified statement showing stockholders’ citizenship and equity.

4. Certificate of subject article’s quality and results of tests conducted, if any, from:

i. National Institute of Science and Technology, and/or

ii. Concerned government office or agency

5. Share of subject article to total operation (value).

B. Information deemed confidential should be so marked.

C. Additional data and information relative to the petition may be requested by the

Commission when deemed necessary.

D. Party will be notified of the status of the petition and may be requested to attend

consultations that may be held for the purpose of hearing the petition.

E. Filing fee of Three Thousand Pesos (P3,000) shall be charged for petition of one or more but

not to exceed five (5) articles.

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 20 -

TC Form No. 3 – Revised October, 2001

Republic of the Philippines

National Economic and Development Authority

TARIFF COMMISSION

INFORMATION FOR TARIFF ADJUSTMENT

I. GENERAL INFORMATION

A. PETITIONER

1. Name of Petitioner : __________________________________

2.

3.

4. Name of President/General Manager: _________________________________

5. BOI/SEC Registration No. __________________________________________

Date Registered __________________________________________________

6. ISO Certification (type and no.) _____________________________________

Date Registered __________________________________________________

Office Address Tel./Fax Nos. Contact Person

Factory Address Tel./Fax Nos. Contact Person

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 21 -

II. PRODUCT INFORMATION

A. Subject Articles(s)

B. Brief Description and Uses of Subject Article(s)

C. Reasons for the Request

D. Production flowchart and brief description of production process of subject article(s) or

of product(s) and its usage.

Rate of Duty (%)

Description HS Heading Present Requested

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 22 -

III. RELEVANT ECONOMIC AND FINANCIAL DATA

(For the last three (3) years to date)

A. Production of subject article

(If subject article is an input, please indicate production of the finished product.) Use

separate sheets if there are more than one product.

B. Sales of subject articles

(Sales figures for the final product if subject article is an input.) If the product is exported,

distinguish between domestic sales and exports. Use separate sheets if there are more than

one product.

Domestic Market Share: (%)__________

C. Ending Inventory (Finished Product)

YEAR VOLUME VALUE

D. Purchases of subject articles: Please distinguished products purchased domestically from

those that are imported. Use separate sheets if there are more than one product.

PRODUCTION CAPACITY:

ACTUAL PRODUCTION

YEAR Volume Value

PRODUCT:

DOMESTIC EXPORT

YEAR Volume Value Volume Value

PRODUCT:

DOMESTIC IMPORTED

YEAR Volume Value Volume Value

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 23 -

E. Employment and Compensation Data

F. Comparative prices of imported and domestically produced subject articles.

G. Investment Expansion

Year Type Value

H. Percentage of Foreign Currency Denominated Loan to Total Loan (highly

confidential).Submit in sealed envelope.

I. Production Cost: Please fill up attached TC Form 3-1 for each product manufactured.

CERTIFIED TRUE AND CORRECT:

______________________________

Printed Name

______________________________

Signature

______________________________

Position

Number Annual Compensation

Total Employees

Employees directly involved in the

production:

Skilled

Unskilled

Product

Selling or purchase price of

subject articles in the

domestic market

Price of imported

counterpart

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 24 -

REPUBLIC OF THE PHILIPPINES

P.O. Box 2479 MANILA

TARIFF COMMISSION FAX 9217960

5th Floor PHCA East Avenue

Quezon City

Production Cost (Note: If product is of different sizes, types, models of brands, choose one that is

most representative and or saleable).

Product Specification _________________________________________________________________

Unit of Measure _____________________________________________________________________

Sales Tariff Duty

1. Unit Costs of Production Tax If Applicable Per Unit Cost

Materials and Supplies:

Direct raw materials (local)

(1) _____________________________ ________ ___________ _________________________

(2) _____________________________ ________ ____________ _________________________

(3) _____________________________ ________ ____________ _________________________

(4) _____________________________ ________ ____________ _________________________

(5) Others (specify) ________ ____________ _________________________

Direct raw materials (imported)

(1) _____________________________ ________ ____________ _________________________

(2) _____________________________ ________ ____________ _________________________

(3) _____________________________ ________ ____________ _________________________

(4) _____________________________ ________ ____________ _________________________

(5) Others (specify) ________ ____________ _________________________

Direct Labor _________________________

Manufacturing (Overhead):

Indirect Labor _________________________

Fuels:

Gasoline _________________________

Diesel _________________________

Bunker _________________________

Others _________________________

Electricity _________________________

Water _________________________

Containers _________________________

Packaging Supplies _________________________

Depreciation _________________________

Other Costs _________________________

_____________________________ _________________________

_____________________________ _________________________

_____________________________ _________________________

TOTAL UNIT COST P________________________

Administrative Expenses _______________________

Selling Expenses _______________________

_______________________

2. Total Cost to Produce and Sell _______________________

Selling Expenses _______________________

3. Wholesale Price of Imported Counterpart P ____________

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 25 -

TARIFF COMMISSION 5th Flr. Philippine Heart Center Bldg., East Avenue, Diliman , Quezon City

Tel Nos. 928-84-19; 926-87-31; Fax No. 921-79-60

INSTRUCTIONS IN ACCOMPLISHING THE INFORMATION FOR TARIFF ADJUSTMENT

(TARIFF COMMISSION FORM NO. 3)

FOR IMPORTER-TRADER

A. Accomplish form and submit four (4) copies with the Records Section of the

Tariff Commission with the following: 1. A covering letter indicating:

i. Name of article (s) ii. Requested tariff modification

iii Reasons for the request

2. Audited Financial Statements for the last three (3) years.

3. Certified statement showing stockholder’s citizenship and equity.

4. Share of subject article to total operation (value).

B. Information deemed confidential be so marked.

C. Additional data and information relative to the petition may be requested by the Commission when deemed necessary.

D. Party will be notified of the status of the petition and may be requested to attend consultations that may be held for the purpose of hearing the petition.

E. Filing fee of Three Thousand Pesos (P 3,000) shall be charged for the petition of one or more but not exceed five (5) articles.

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 26 -

TC Form No.3-March 2005

Republic of the Philippines National Economic and Development Authority

TARIFF COMMISSION INFORMATION FOR TARIFF ADJUSTMENT

I. GENERAL INFORMATION

A. PETITIONER 1. Name of Petitioner/Importer: _____________________________ 2.

Office Address Tel./Fax Nos. Contact Person

3.

Business Address Tel./Fax Nos. Contact Person

4. Name of President/General Manager: _______________________________

5. BOI/SEC Registration No. :

_______________________________________

6. ISO Certification (type and no. ): _________________________________ Date Registered: ____________________________________________

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 27 -

TC Form No.3-March 2005

II. PRODUCT INFORMATION

A. Subject Article(s)

AHTN NO. DESCRIPTION Rate of Duty (%)

Present Requested

B. Brief Description and Uses of Subject Article(s) (Please submit technical specification(s), brochure, sample(s) and list of your customers.) Indicate if raw material, intermediate or final product.

C. Reasons for the Request

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 28 -

TC Form No.3-March 2005

III. RELEVANT ECONOMIC AND FINANCIAL DATA (For the last three (3) years to date)

A. Purchases or importation of subject article(s) on per transaction basis (Please indicate size, type or grade of the subject article(s).) Use separate sheet if necessary.

Date Source Country

Type/Size/Grade

Volume (unit of

measure)

Value

CIF (US$)

Landed Cost (Peso)

B. Sales of subject articles (Please indicate size, type or grade of the subject article(s).) Use separate sheet if necessary.

Year Type/Size/Grade

Volume (unit of

measure)

Value(Peso)

Total Per Unit

C. Ending Inventory

Year Type/Size/Grade

Volume (unit of

measure)

Value(Peso)

Total Per Unit

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 29 -

TC Form No.3-March 2005

D. Comparative prices of imported subject article and domestically produced counterpart.

E. Investment Expansion

CERTIFIED TRUE AND CORRECT:

_____________________________ Printed Name

_____________________________ Signature

_____________________________

Position

Product Selling price of subject articles in the domestic

market

Selling price of domestically produced

counterpart (if any)

Year Type Value

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 30 -

Annex “B”

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 31 -

Annex “C”

INSTRUCTIONS FOR ACCOMPLISHING TC FORM NO. 4

(Request for Withdrawal / Suspension of Concessions Under Section 402)

A. Accomplish form and submit five (5) copies with the Records Section of the Tariff Commission with the following:

1. A covering letter indicating:

a. Name of article(s) b. Nature of request c. Reasons for the request d. Other products produced by the firm

2. Audited financial statements for the last three (3) years including Statement of Cost of Goods Manufactured.

3. Certified statement showing stockholders’ citizenship and equity. 4. Certificate of subject article’s quality and results of tests conducted, if any, from:

a. National Institute of Science and Technology; and/or b. Concerned government office or agency.

5. Share of subject article to total operation (value).

B. Information deemed confidential should be so marked.

C. Additional data and information relative to the petition may be requested by the

Commission when deemed necessary.

D. Party will be notified of the status of the petition and may be requested to attend consultations that may be held for the purpose of hearing the petition.

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 32 -

TC Form No. 4

National Economic and Development Authority

TARIFF COMMISSION Philippine Heart Center Bldg., Quezon City

------------------------------------------------------------------------------------------------------------------------- INFORMATION FOR WITHDRAWAL / SUSPENSION OF TARIFF CONCESSIONS UNDER SECTION 402

A. Petitioner

1. Name of Petitioner: _________________________________________________

2. Office Address Tel. No. Contact Person _________________ ______________ ______________________ _________________ ______________ ______________________

3. Factory Address Tel. No. Contact Person _________________ ______________ ______________________ _________________ ______________ ______________________

4. Name of President / General Manager: ___________________________________

5. Name and address of other manufacturers:

a. ______________________________________________________________ b. ______________________________________________________________ c. ______________________________________________________________ d. ______________________________________________________________

B. Subject Article(s) Tariff Hdg. Rate of Margin of Subject Article(s) (H.S.) Duty Preference

________________________ ____________ _______ _______________________

________________________ ____________ _______ _______________________

________________________ ____________ _______ _______________________

C. Nature of Request (Specify) ___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

D. Brief description and use(s) of subject article(s)

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 33 -

E. Please attach production flow chart and brief description of production process of subject article(s) or of product(s) where this is used.

F. Production Cost (Note: If product is of different sizes, types, model or brands,

choose one that is most representative and/or saleable.)

Product Specification : ________________________________________________ Unit of Measure : ________________________________________________

Per Unit Cost (latest)

Direct Raw Materials ______________________ Direct Labor ______________________ Manufacturing Overhead ______________________

Total Unit Cost =====================

Sales Tax _____________________ Selling and administrative expenses _____________________

G. Net Profit (net loss) (last three years)

20___ 20___ 20___

============================================= Volume : Value : Volume : Value : Volume : Value =============================================

Sales :_______:______:________:_______:________:____ Cost of goods manu- :_______:______:________:_______:________:___ factured and sold :_______:______:________:_______:________:___

Gross Profit :_______:______:________:_______:________:___ Selling Expenses :_______:______:________:_______:________:___ Administrative Expenses :_______:______:________:_______:________:___

Net Profit (Loss) ====== ======= ====

H. Inventory and Production Data (last three years)

================================================================== : Beginning : Ending : : Inventory : Inventory : Production

Y e a r :---------------------------------------------------------------------------------------- : Qty. : P. Value : Qty. : P. Value : Qty. : P. Value ================================================================== 1. ________:________:________:_______:_______:________:____________ 2. ________:________:________:_______:_______:________:____________ 3. ________:________:________:_______:_______:________:____________

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 34 -

I. Employment and Compensation Data (last three years)

Total Number Compensation

20___ 20___ 20___ 20___ 20___ 20_ (a) Total No. of Employees _____ _____ _____ _____ _____ _ (b) Employees directly

employed in the pro- duction of subject article:

Skilled _____ _____ _____ _____ _____ _ Unskilled _____ _____ _____ _____ _____ _

(c) Aliens employed _____ _____ _____ _____ _____ _

J. Importation (last 5 years)

1. Imports

Year Volume $ CIF Value ________ ____________ ______________ ________ ____________ ______________ ________ ____________ ______________ ________ ___________ _______________

2. Wholesale Price (Per __________) P _______________

K. Major Producers in ASEAN/Concerned Exporting Countries

1. Country _________________________________________________________________ _________________________________________________________________

2. Name of Company

_________________________________________________________________ _________________________________________________________________

3. Planned Expansion of Capacity __________________________________________________________________ _________________________________________________________________

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 35 -

L. Machinery and Equipment Used or to be used in the Production Process

1. Petitioner’s

a. Existing or installed

Year Expected Acquisition Type Purchased Life Cost

1) _________ ______________ ___________ __________ 2) _________ ______________ ___________ __________ 3) _________ ______________ ___________ __________ 4) _________ ______________ ___________ __________ 5) _________ ______________ ___________ __________

b. To be installed or acquired:

Possible date Acquisition Type of Installation Cost 1) ________________ ______________ ____________ 2) ________________ ______________ ____________ 3) ________________ ______________ ____________ 4) ________________ ______________ ____________ 5) ________________ ______________ ____________

2. Other Manufacturers

a. Existing or installed

Year Expected Acquisition

Type Purchased Life Cost 1) _________ ______________ ___________ ________ 2) _________ ______________ ___________ ________ 3) _________ ______________ ___________ ________ 4) _________ ______________ ___________ _______ 5) _________ ______________ ___________ ________

b. To be installed or acquired:

Possible date Acquisition

Type of Installation Cost 1) ________________ ______________ _________ 2) ________________ ______________ _________ 3) ________________ ______________ _________

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 36 -

4) ________________ ______________ _________ 5) ________________ ______________ _________

M. Rated Plant Capacity and Capacity Utilization

Daily (8 hrs.) Monthly Annually a. Existing machinery or

facilities: Maximum _____________ _________ ___________ Normal _____________ _________ ___________ Actual _____________ _________ ___________

b. Machineries or facilities to be installed or acquired: Maximum _____________ _________ ___________ Normal _____________ _________ ___________ Actual _____________ _________ ___________

N. Comparative Unit Price (Wholesale)

=========================================================== : : : Current : : : Price of Product : Price of Imported : : Product : Produce by Firm : Counterpart : : :------------------------------------------------------------------------: : : Ex-factory : Other : : : : Previous : Current : VAT : Taxes : $ CIF : :========================================================== :-------------------------------:--------------------------:---------:--------------------:-------------: :-------------------------------:--------------------------:---------:--------------------:-------------: :-------------------------------:--------------------------:---------:--------------------:-------------: :-------------------------------:--------------------------:---------:--------------------:-------------: :-------------------------------:--------------------------:---------:--------------------:-------------: Please submit Price List for previous year.

O. Sales of Subject Article(s):

============================================================ Domestic Exports

---------------------------------- ------------------------------------- Year Volume Value Volume Value

( $ F O B ) ========================================================== -------------------- ------------------ --------------- -------------- ------------ -------------------- ------------------ --------------- -------------- ------------ -------------------- ------------------ --------------- -------------- ------------ -------------------- ------------------ --------------- -------------- -----------

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 37 -

P. Market Share: __________________________

Q. Assets, Liabilities and Stockholder’s/Equity or Capital

20____ 20____ 20____

Total assets ____________ __________ ________ Total Liabilities ____________ __________ _________ Total S/E _________ __________ _______

Please submit audited financial statement for the last three preceeding years immediately.

Certified true and correct: ____________________ Printed Name ____________________ Signature ____________________

Position __________________ Date

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 38 -

Annex “D”

SECTION 402 FLOW CHART

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 39 -

Annex “E” TC Form 1 (Revised 2011)

TCC No.:

(To be submitted in triplicate) Date:

The Chairman Tariff Commission 5th Floor, Phil. Heart Center East Avenue, Diliman Quezon City

SUBJECT: REQUEST FOR TARIFF CLASSIFICATION RULING Name of Article : ________________________________ Country of Origin : ________________________________

Sir: Pursuant to the provisions of Section 1313-a of the Tariff and Customs Code, as amended, a ruling is requested on the proper tariff classification and corresponding rate of duty on the following article: ____________________________________________________

(Name of Article) I hereby certify that sample(s), catalog(s), brochure(s) and/or technical descriptions being submitted are true and correct and relate to the subject article. I commit that any additional information required will be submitted within 10 working days after receipt of request from the Commission. Non-submission will render the request cancelled or withdrawn.

Very truly yours, ________________________ Applicant Company :________________ Address :________________ TIN :_________________ Tel. No :_________________ FaxNo. :_________________

Subscribed and sworn to before me this _______ day of _______________ 20__, affiant exhibited his/her Residence Certificate No.________________ issued at _____________on ________________________.

NOTARY PUBLIC

Doc. No. : _______________ Page No. : _______________ Book No. : _______________ Series of : _______________

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 40 -

EVALUATION SLIP

Enclosures: [ ] Sample [ ] Catalog/Brochure(s) [ ] Technical specification/Chemical composition [ ] Others (Specify) _________________________ Assessment: _Three Hundred Pesos only _ (P_300.00_)

For acceptance: _____________________ Tariff Specialist

-----------------------------------------------------------------------------------------------------------------

The Cashier:

Please collect a filing fee of __Three Hundred _Pesos (P_300.00) from applicant.

_____________________ Chief of Branch

(Filing fee of P300.00 per article is pursuant to E.O. 197 dated 13 January 2000 effective 15 February 2000) …………………………………………………………………………………………………

1st Indorsement

Respectfully transmitted to the Records Section, applicant having paid the amount indicated above as evidenced by O.R. No. _____________ dated ____________________.

LUDIVINA P. AQUINO Cashier III

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 41 -

Annex “F”

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 42 -

Annex “G”

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 43 -

Annex “H”

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 44 -

Annex “I”

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 45 -

Annex “J-a”

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 46 -

Annex “J-b”

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 47 -

Annex “K”

TARIFF COMMISSION DIRECTORY

Office Address:

5th Floor, Philippine Heart Center Building (PHC), East Avenue, Diliman, Quezon City Day and Year of Foundation:

August 17, 1953

Agency Trunkline Number/s, Fax and e-mail Addresses:

PHC Trunkline - 925-2401 to 50 locals 3501-3509 Fax No. - 921-7960 E-mail address - [email protected]

Web site:

http://www.tariffcommission.gov.ph

Mother Agency:

National Economic and Development Authority (NEDA)

Full Names, Designation of Agency Officials, Direct and Local Lines:

NAME(S) DESIGNATION DIRECT LINE/S LOCAL LINE/S

EDGARDO B. ABON Chairman 925-2401 to 50 433-5899 921-7960

3501

MARILOU P. MENDOZA Commissioner

925-2401 to 50 433-5895 928-8106

3505

EDGARDO R. MARALIT Commissioner

925-2401 to 50 433-4252 928-8106

3504

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 48 -

NAME DESIGNATION DIRECT LINE/S LOCAL

LINE/S

ROMEO U. SALUTA

Director III Finance , Management & Administrative Service

925-2401 to 50

929-1964 927-3724

3506

ARTEMIO D. BERNARDINO Director ll Research, Investigation & International Trade Analysis Service

925-2401 to 50 3507

VICENTE M. QUEROL Chief Administrative Officer Financial Management Division, FMAS

925-2401 to 50 929-1964

3506

ISAGANI D. GARDUQUE Chief Administrative Officer Administrative Division, FMAS

925-2401 to 50 929-1964

3506

DANNY JOSE G. MATUTINA Executive Assistant III/ Officer-In-Charge, Planning, Management Information Systems Division, FMAS

925-2401 to 50 929-1905

3506

MA. SOCORRO R.CHUA Officer-In-Charge Economics, Trade and Industry Studies Division, RIITAS

925-2401 to 50 433-5896

3508

ANGELITA R. FERNANDO Chief Tariff Specialist Financial Studies Division, RIITAS

925-2401 to 50 928-8419

3508 3510

EDWARDS.A. BESANA Officer-In-Charge Commodities Studies Division, RIITAS

925-2401 to 50 926-8731

3508 3510

CITIZEN’S CHARTER November 2012

Tariff Commission – Citizen’s Charter - 49 -

NAME DESIGNATION DIRECT LINE/S LOCAL

LINE/S

MA. LOURDES M. SALUTA

Chief Tariff Specialist International Trade Studies Division, RIITAS

925-2401 to 50

928-8419

3508 3510

JEAN C. ALBERTO Supervising Tariff Specialist

433-5898 3504 3505