Philippine Tariff Commission

More documents

Recommendations

Info

An n u a l Re p o r t 2009 House/Senate Bills/Resolutions and Other Committee Concerns Comments/Recommendation/Inputs of the Commission Senate Resolution No. 80 (“Resolution directing the Proper Senate Committee to conduct an inquiry, in aid of legislation, on the prevention of endemic car smuggling in free ports by: amending free port charters to place them under customs jurisdiction with respect to foreign cars; legislating standards for transparency in setting floor prices at auction of smuggled cars, to prevent smugglers from buying the cars; and expressing the sense of the Senate that the perennial problem of car smuggling cannot be solved by establishing an extraneous task force, but by limiting the present discretion enjoyed by Customs, Task Force, and Free Port officials to pick and chose the smuggling cases that they will expose, while turning a blind eye to other smuggling cases protected by very high government officials.”), introduced by Senator Miriam Defensor Santiago. Senate Resolution No. 448 (“Resolution directing the Senate Committee on Ways and Means; and Finance to conduct an investigation in aid of legislation, into the reported disparity in traded goods, as reported by the Philippine Trade Statistics and the International Monetary Fund, as well as reports on rampant and unabated smuggling of agricultural products, drugs, steel products, ceramic tiles and other commodity with the end in view of coming up with remedial measures to improve Customs Administration and strengthen the fiscal position of the government by addressing these reported problems.”), introduced by Senator Juan Ponce Enrile. “Any petitioning party who is aggrieved by, or is not satisfied with, the result of any ruling pursuant to this Section may file a verified appeal or reconsideration to the Tariff Commission within thirty (30) days from receipt of such ruling, based on the sole ground of new or additional information of the product under consideration. An appeal fee as determined by the Commission shall likewise be required to be paid by the appealing party, without the payment of which his or her appeal would be dismissed outright by the Tariff Commission.” On Section 16 item (7), as appearing in page 16, the Commission reiterates its disagreement on the existing proposed text and requests the rationale behind this provision. Many products cannot be accurately described based on the existing proposed text specially those falling under “Others”. We recommend that the description in this Section instead follow the methodology found in item [c], Section 1308 (Commercial Invoice) of the TCCP. This would squarely address the concern regarding articles not specifically mentioned in the TCCP. On the issue of undervaluation, misclassification and misdeclaration in import entry, the Commission recommends that the definition of misclassification be based on Section 2503 of the TCCP, as implemented in Customs Administrative Guidelines (CAO) No. 10-93, dated November 16, 1993. The disposal, however, of the goods found liable for undervaluation, misclassification or misdeclaration must be in accordance with law. Senate Bill No. 252 (“An Act Creating the Philippine Trade Representative Office, Appropriating Funds Thereof, and For Other Purposes”), introduced by Senator Mar Roxas. Senate Bill No. 1612 (“An Act Creating the Office of the Trade Representative, Appropriating Funds therefore, and For Other Purposes”), introduced by Senator Manuel Lapid. The Commission staff should not be included in the transfer of those involved in international trade negotiations to the PTRO. TC technical staff are particularly valuable in international trade negotiations because of their knowledge on tariff nomenclature and classification, as supported by TC’s in-house pool of tariff classification experts. It is submitted that even if TC staff are transferred to the PTRO, they would still defer to TC in the area of tariff classification as TC would remain the acknowledged authority on tariff classification, hence defeating the purpose of the staff transfer. In lieu, it is proposed that TC retain its current role as an independent technical support agency. 30
An n u a l Re p o r t 2009 House/Senate Bills/Resolutions and Other Committee Concerns Comments/Recommendation/Inputs of the Commission Likewise, the consolidated bill should provide for thorough and meaningful consultations under Section 402 of the Tariff and Customs Code with all key stakeholders prior to the conduct of multilateral, regional, and bilateral trade negotiations in order to craft effective negotiating strategies and country positions, and after, as a feedback mechanism/ post evaluation by government to gauge the effectiveness of its negotiating strategies. House Bill No. 5342 (“An Act to Prescribe the Customs and Tariff Modernization Act of 2008 and for Other Purposes”), introduced by Rep. Francisco Matugas. The following are the comments of the Commission: 1. On the sequencing of provisions, the Commission proposes that the provisions on tariffs precede the provisions on customs implementation. It would be a logical sequencing in the sense that it follows the normal procedure of setting the policy on tariffs first, followed by implementation of said tariff policy. 2. It is the understanding of the Commission that Section 1711 (Tariff Nomenclature and Rates of Import Duty) takes the place of Section 104 (Rates of Import Duty) in the present TCCP. If correct, the Commission proposes that Section 1711 be re-worded to incorporate the language of Section 104. The Commission’s proposal is as follows (bracketed): “Sec. 1711. Tariff Nomenclature and Rates of Import Duty. [a.] The President, [pursuant to the provisions of Sections 1708 and 1709 of this Act], shall issue an Executive Order prescribing or amending the Tariff sections, chapters, headings and subheadings and the rate[s] of import duty as originally provided under [Section 104 of] Presidential Decree No. 1464, otherwise known as the Tariff and Customs Code of the Philippines, as amended, and based on the Harmonized System, the AHTN [ASEAN Harmonized Tariff Nomenclature (AHTN)] and other international Agreement [s], and consistent with Section [s] 1708 [and 1709] of this Act. [b.] [There shall be levied, collected and paid upon all imported articles the rate of duty indicated in paragraph a except as otherwise specifically provided for in this Act, Provided, that the maximum rate shall not exceed one hundred percent ad valorem.] 31
Page 1 and 2: REPUBLIC OF THE PHILIPPINES TARIFF
Page 3: Table of Contents Letter to the Pre
Page 6 and 7: An n u a l Re p o r t 2009 EO No.
Page 8 and 9: An n u a l Re p o r t 2009 HS/AHTN
Page 10 and 11: An n u a l Re p o r t 2009 I. SECTI
Page 12 and 13: An n u a l Re p o r t 2009 Chairman
Page 14 and 15: An n u a l Re p o r t 2009 Sugar an
Page 16 and 17: An n u a l Re p o r t 2009 The aver
Page 18 and 19: An n u a l Re p o r t 2009 Trade Fo
Page 20 and 21: An n u a l Re p o r t 2009 B. For t
Page 22 and 23: An n u a l Re p o r t 2009 ‣¾
Page 24 and 25: An n u a l Re p o r t 2009 ‣¾ At
Page 26 and 27: An n u a l Re p o r t 2009 ‣¾
Page 28 and 29: An n u a l Re p o r t 2009 III. TRA
Page 30 and 31: An n u a l Re p o r t 2009 Rule 16.
Page 32 and 33: An n u a l Re p o r t 2009 requirem
Page 36 and 37: An n u a l Re p o r t 2009 House/Se
Page 42 and 43: An n u a l Re p o r t 2009 VI. ADVO
Page 44 and 45: An n u a l Re p o r t 2009 VII. OTH
Page 46 and 47: An n u a l Re p o r t 2009 the intr
Page 48 and 49: An n u a l Re p o r t 2009 Attende
Page 50 and 51: An n u a l Re p o r t 2009 Attende
Page 52 and 53: An n u a l Re p o r t 2009 ~~ Depar
Page 54 and 55: An n u a l Re p o r t 2009 Comments
Page 56 and 57: An n u a l Re p o r t 2009 Updated
Page 58 and 59: An n u a l Re p o r t 2009 n. Petro
Page 60 and 61: An n u a l Re p o r t 2009 ~~ Depar
Page 62 and 63: An n u a l Re p o r t 2009 Comments
Page 64 and 65: An n u a l Re p o r t 2009 ~~ Baxte
Page 66 and 67: An n u a l Re p o r t 2009 ~~ TNC C
Page 68 and 69: An n u a l Re p o r t 2009 NAME(S)
Page 70 and 71: Annex “A” TCC No. Date Issued A
Page 78 and 79: Annex “B” Date Trainings/Semina
Page 80: Annex “C” Date Trainings/Semina

Philippine Tariff Commission

Create successful ePaper yourself

Delete template?

Save as template?