The Philippine Tariff Commission (TC)

Contents
Page
The Philippine Tariff Commission ……………………………………………….. 1
Historical Background……………………………………………………. 3
Structure ………………………………………………………………….. 4
Tariff Commission Organizational Chart…………………………….… 5
Education and Information……………………………………………….. 5
Publications ………………………………………………………………. 6
Internet Website………………………………………………………….. 6
Fees………………………………………………………………………… 6
Inquiries & Complaints…………………………………………………… 7
Liaison ……………………………………………………………………. 7
Functions, Duties & Responsibilities of the Tariff Commission………………. 8
Section 401 Modification of Duties (Flexible Tariff Clause)………….. 8
Section 402 (Promotion of Foreign Trade)……………………………. 9
Section 1313A (Tariff Classification…………………………………….. 11
Section 506 (Assistance to the President & Congress……………….. 12
Related Legislations………………………………………………………………. 13
R.A. 8752 (Anti-Dumping)………………………………………………. 13
R.A. 8751 (Countervailing Duty)……………………………………….. 15
R.A. 8800 (Safeguard Measures)……………………………………… 18
The Tariff Commission: Service Pledge & Commitments……………………. 21
Annexes
“ A “ Instructions in Accomplishing the Information for Tariff
Adjustment (TC Form No. 3)
“ B “ Section 401 Flow Chart
“ C “ Instructions for Accomplishing TC Form No. 4
(Request for Withdrawal/Suspension of Concessions under
Section 402
“ D “ Section 402 Flow Chart
“ E “ Request for Tariff Classification Ruling (TC Form 1 – a)
“ F “ Section 1313 – a Flow Chart
“ G “ Flowchart of Procedures of the TC’s
Formal Investigation under Section 301
“ H “ Flowchart of Procedures of the TC’s
Formal Investigation under Section 302
“ I “ Flowchart of Procedures of the TC’s Formal Investigation on
Safeguard Measures under RA 8800
“ J “ Revised Schedule of Fees and Charges
“ K “ Tariff Commission Directory
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The Philippine Tariff Commission (TC)
The Tariff 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, including the conduct of public hearings/consultations on tariff
modification and issuance of classification rulings on products to be
imported when not specifically classified in the Tariff 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 conditions; and
e) determine contestability of local/foreign markets in the economy.
The Commission is one of the member agencies of the Committee on Tariff
and Related Matters (CTRM) involved in the formulation of the tariff reform programs
implemented since 1980 up to the present.
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;
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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
f) conduct of a continuing program of advocacy to promote new
developments in international trade and tariff policy.
2

Historical Background
Dates
June 20, 1953 First Philippine Tariff Commission was established (Republic Act No. 911).
Headed by a Collegial Body consisting of a Chairman and two
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 then 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
Member-Commissioners (under Presidential Decree No. 1)
Under the supervision of the National Economic and Development Authority
(NEDA) as an attached agency
April 1, 2000
Effectivity of the latest TC reorganization pursuant to EO No. 143 entitled
“Instituting Effective Operational Mechanism and Strategies in the Tariff
Commission”
Headed by a Collegial Body consisting of a Chairman and two Member-
Commissioners
Shift from a sectoral to a functional set-up
Remains under the supervision of NEDA
3

Structure
Under Executive Order No. 143, the Commission’s organizational set-up
(please see attached TC organizational chart) is composed of a Collegial Body
headed by a Chairman and two Member Commissioners.
There are three Directors that head each of the Departments: Research and
Investigation, Technical Support Services and Finance and Administrative.
The Research and Investigation Department provides the Commission with
economical, efficient and effective services relating to research and investigation
activities. It comprises four (4) divisions, namely: The Economic Studies Division,
Financial Studies Division, Commodities Studies Division and the Legal Division.
The Technical Support Services Department provides the Commission with
economical, efficient and effective services relating to planning, programming, and
projects development coordination. It is responsible for scheduling, coordinating and
providing technical support services and proper documentation for certain cases
referred to the Commission and the corresponding release of information for public
consumption. It comprises three (3) divisions, namely: the Planning, Program
Development and Monitoring Division, Information Division and the Management
Information Division.
The Finance and Administrative Department plans, directs, coordinates and
supervises all matters pertaining to financial and administrative/personnel functions.
It comprises two (2) divisions, namely: the Finance Division and Administrative
Division.
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Tariff Commission Organizational Chart
PER EXECUTIVE ORDER No. 143
CHAIRMAN
COMMISSIONER
COMMISSIONER
COMMISSION
SECRETARIAT
RESEARCH AND
INVESTIGATION
DEPARTMENT
TECHNICAL SUPPORT
SERVICES
DEPARTMENT
FINANCE AND
ADMINISTRATIVE
DEPARTMENT
ECONOMIC
STUDIES
DIVISION
FINANCIAL
STUDIES DIVISION
COMMODITIES
STUDIES DIVISION
LEGAL
DIVISION
PLANNING, PROGRAM
DEVELOPMENT AND
MONITORING DIVISION
INFORMATION
DIVISION
MANAGEMENT
INFORMATION
SYSTEMS DIVISION
FINANCE DIVISION
ADMINISTRATIVE
DIVISION
Education and Information
Education and information activities play a vital role in the Commission’s work.
To ensure it reaches all its stakeholders, it uses a variety of methods including
publications, the Internet, regional public information campaign, 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.
5

Publications
The Commission has a wide range of publications on tariff and related
matters.
The Commission produces an updated Tariff and Customs Code (Vols. 1 &
2); Primer on the Latest Developments in Trade and Tariff Policy; Compendium of
TC Rulings; Philippine CEPT Concessions Exchange Manual (CCEM); and
Alphabetical Index.
For the list of all current publications contact the Information Division of the
Commission at 433-58-96, or visit the Commission’s website.
There is a charge at minimal cost for the publications.
Internet Website
The Commission has its own Internet website which is updated regularly to
make new and sought-after information available quickly to the public.
The address is http://www.tariffcommission.gov.ph
Fees and Charges
There are fees the Commission is charging for applications under Sections
401, 402 and 1313-a and for investigation under Sections 301 and 302 and R.A.
8800. The legal bases for the collection of fees and charges are Administrative
Order No. 00-017A and Administrative Order No. 00-103 issued on April 19, 2000
and July 27, 2000, respectively, pursuant to Executive Order No. 197 (dated January
13, 2000).
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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.
Staff are available during office hours for consultations and advise. The public
can contact the Commission by phone, fax, letter, in person or by e-mail. Please see
attached Commission directory for contact details.
If they cannot help, the staff will suggest 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 with whom it shares common policy
concerns, 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.
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Functions, Duties and Responsibilities of the Tariff Commission
The Tariff Commission is mandated to discharge its duties and responsibilities
under the following provisions under the Tariff and Customs Code of the Philippines
(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 (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 processing fee of one hundred twenty pesos (P120.00) per article,
collected upon assessment of the petition, and a filing fee of two
thousand pesos (P2,000.00) per one (1) or more, but not exceeding
five (5) articles, falling in the same Harmonized System (HS) Heading
or Chapter, 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 [2]
newspapers of general circulation). A petitioner’s share in the
publication cost is based on the number of products petitioned 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.
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 5 th 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 (See Annex “C”).
The Commission conducts investigations on the petitions it
receives during which public consultations 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 draft implementing Executive Order.
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3. Are there any fees to be paid by petitioners?
Petitions found to be meritorious under Section 402 are subject
to a processing fee of One Hundred Twenty Pesos (P120.00) per
article, collected upon assessment of the petition, and a filing fee of
Two Thousand Pesos (P2,000.00) per one (1) or more, but not
exceeding five (5) articles, falling in the same Harmonized System (HS)
Heading or Chapter, 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 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 on the 5 th floor of the Philippine Heart
Center Building.
Article 6 (Suspension/Withdrawal of Concessions)
Taking into account the emergency nature of an Article 6
petition, the Commission completes its investigation 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).
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Section 1313-A (Tariff Commodity Classification)
1. What is Section 1313-A?
Articles imported into the Philippines are classified in the
Harmonized System Tariff and Customs Code. However, when a
commodity imported or intended to be imported is not specifically
provided for in the Tariff Code, any interested party may file with the
Tariff Commission a request for a commodity classification ruling under
this Section.
2. What are the requirements?
The applicant is required to submit in triplicate a notarized and
duly accomplished TC Form1-a (Request for Tariff Classification
Ruling) (see Annex “E”) available at the Commission. 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. How much is the filing fee?
A filing fee of Two Hundred Pesos (P200.00) is collected for
every ruling requested pursuant to Executive Order 159 dated
February 19, 1994.
4. What is the normal processing time for the Commission to issue
ruling?
Tariff Commodity Classification (TCC) Rulings can be issued
within ten (10) working days from date of filing when and if all the
requirements are met.
A flowchart of the Commission’s Section 1313-a procedure is
shown in Annex “F”. Said flowchart is posted at the lobby of the
Commission on the 5 th floor of the Philippine Heart Center Building.
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 of Finance for final decision.
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Section 506 (Assistance to the President and Congress)
What is Section 506?
Under this Section, assistance is extended by the Commission
to the Office of the President and both Houses of Congress through the
conduct of studies and/or submission of position papers / comments on
tariff and related matters being discussed in Congress or in domestic
and international trade fora.
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Related Legislation
The Commission has additional major responsibilities as a
quasi-judicial body under the following legislation related to its core
work.
Republic Act (R.A.) 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.
2. What is the Anti-Dumping Act of 1999?
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, 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.
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• 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?
Petitions found to be meritorious under R. A. 8752 are subject to
a filing fee of ten thousand pesos (P10,000.00) per article.
7. Who else, aside from the domestic industry, may initiate an antidumping
investigation?
In special circumstances, the Department of Trade and Industry
(DTI) or the 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.
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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).
A Manual on Anti-Dumping Investigation comprising of the
procedures and principles followed by the Commission on anti-dumping
investigation serves to assist the Commission to conduct its
investigations more effectively and consistently. It also provides the
stakeholders an overview of the procedures followed during an
investigation and serves to make the process more open and
predictable.
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 DTI Secretary (in the case of industrial goods) or to the
DA Secretary (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 5 th floor of the Philippine Heart
Center Building.
Republic Act (R.A.) 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.
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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 determine 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?
R.A. 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. 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.
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• 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.
7. Who else, aside from the domestic industry, may initiate a
countervailing investigation?
In special circumstances, the Department of Trade and Industry
(DTI) or the Department of Agriculture (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 Section 8751 are subject
to a filing fee of ten thousand pesos (P10,000.00) per article.
9. What is the role of the Tariff Commission in subsidies and
countervailing investigations?
The Commission conducts formal investigation and submits
report of findings to either the DTI or the 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 DTI Secretary (in the case of industrial goods) or to the
DA Secretary (in the case of agricultural products) for the issuance of
the appropriate Department Order
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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 5 th floor of the Philippine Heart
Center Building.
Republic Act (R.A.) 8800 (Safeguard Measures)
1. What is the law on the application of safeguard measures?
R.A. 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 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?
President Estrada signed the law on July 19, 2000. R.A. 8800
was published on July 24, 2000 and took effect on August 9, 2000, i.e.,
fifteen (15) days following its complete publication in newspaper of
general circulation.
3. Who may file a petition for safeguard measures?
petition:
For general safeguard measures, the following may file a
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;
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ii.
iii.
The President, or the House or Senate Committee on
Agriculture, or the House or Senate Committee on Trade
and Commerce; and
The Secretary of the Department of Trade and Industry
(DTI) or the Secretary of the Department of Agriculture
(DA), 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 a
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 ten thousand pesos (P10,000.00) per article.
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
DA Secretary.
6. What is the role of the Tariff Commission in general safeguards
investigation?
The Commission conducts 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;
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. 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.
A Manual on Safeguards Investigation comprising of the
procedures and principles followed by the Commission on safeguards
investigation serves to assist the Commission to conduct its
investigations more effectively and consistently. It also provides the
stakeholders an overview of the procedures followed during an
investigation and serves to make the process more open and
predictable.
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 5 th floor of the Philippine
Heart Center Building.
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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 “safely
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 serve 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 taking into account 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, objectivity, 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 pursue 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 toward
sustainable economic progress.
21

ANNEX “A”
TARIFF COMMISSION
5 th 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)
(ii)
(iii)
(iv)
Name of article (s)
Requested tariff modification
Reasons for the request
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)
(ii)
National Institute of Science and Technology, and/or
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 Two Thousand Pesos (P2,000) shall be charged for petition of one or
more but not to exceed five (5) articles.
TC Form No. 3 – Revised October, 2001
22

Republic of the Philippines
National Economic and Development Authority
TARIFF COMMISSION
INFORMATION FOR TARIFF ADJUSTMENT
GENERAL INFORMATION
A. PETITIONER
1. Name of Petitioner : __________________________________
2.
Office Address Tel./Fax Nos. Contact Person
3.
Factory Address Tel./Fax Nos. Contact Person
4. Name of President/General Manager: _________________________
5. BOI/SEC Registration No. __________________________________
Date Registered __________________________________________
6. ISO Certification (type and no.) ______________________________
Date Registered ___________________________________________
23

II. PRODUCT INFORMATION
A. Subject Articles(s)
Rate of Duty (%)
Description HS Heading. No. Present Requested
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.
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.
PRODUCTION CAPACITY:
ACTUAL PRODUCTION
YEAR Volume Value
24

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.
PRODUCT:
DOMESTIC
EXPORT
YEAR Volume Value Volume Value
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.
PRODUCT:
DOMESTIC
IMPORTED
YEAR Volume Value Volume Value
E. Employment and Compensation Data
Total Employees
Employees directly involved in
the production:
Skilled
Unskilled
Number
Annual
Compensation
25

F. Comparative prices of imported and domestically produced subject articles.
Product
Selling or purchase price of
subject articles in the domestic
market
Price of imported
counterpart
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
26

TC Form 3 1
REPUBLIC OF THE PHILIPPINES P.O. Box 2479 MANILA
TARIFF COMMISSION FAX 9217960
5 th 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_______________________
27

Administrative Expenses
_______________________
Selling Expenses
_______________________
_______________________
2. Total Cost to Produce and Sell _______________________
Selling Price
_______________________
3. Wholesale Price of Imported Counterpart P ____________
28

Annex “B”
SECTION 401 FLOW CHART
PETITIONER
Letter Request and TC Form 3
(4 copies)
Sample(s)
Catalog/Brochures, Technical
Specifications/Chemical
Composition
Others
Day 1
COMMODITY SPECIALIST
⇒ For Assessment
CASHIER
Day 1
⇒ For payment of Processing Fee
5 Days
Day 1
Day 1
TECHNICAL TEAM
⇒ Evaluation / Investigation
⇒ Briefing Paper
CHAIRMAN /
COMMISSIONERS
DIRECTOR FOR RESEARCH
RECORDS
⇒ Indicates Investigation No.
1 Day
COLLEGIAL BODY
⇒ Deliberates on merit of the case
TECHNICAL TEAM
RECORDS
PETITIONER
NEDA
Director General
RECORDS
1 Day
⇒ Prepares standard letter-reply
that petition is denied / deferred
NO
Conduct
public
hearing?
ACCOUNTING / CASHIER
⇒ Collects payment of fees &
charges and publication
Position Papers
5 - 10 Days
5 Days
TECHNICAL TEAM
⇒ Draft Final Report
YES
TECHNICAL TEAM
⇒ Prepares notice of public
hearing (PH) and list of
interested parties to be
notified
⇒ Advises petitioner to pay
filing fee and pay or share in
publication bill
⇒ Plant Visit / Ocular
Inspection
⇒ Briefing Paper for general
circulation
1 Day
INFORMATION DIVISION
⇒ Publishes and sends out notices
of public hearing
⇒ Reproduces and distributes
copies of briefing paper during
public hearing (last week of
each month)
BOARD SECRETARY
COLLEGIAL DELIBERATION
⇒ Reviews the report as to
conformity with collegial
deliberation
⇒ Prepares transmittal letter to
NEDA DG
TECHNICAL
TECHNICAL
TEAM
TEAM
⇒ Final Report and
Recommendation
5 Days
Tariff Commission
September 2000
29

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.
30

TC Form No. 4
National Economic and Development Authority
TARIFF COMMISSION
Philippine Heart Center Bldg., Quezon City
----------------------------------------------------------------------------------------------------
A. Petitioner
INFORMATION FOR WITHDRAWAL / SUSPENSION
OF TARIFF CONCESSIONS UNDER SECTION 402
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)
--------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------
31

D. Brief description and use(s) of subject article(s)
--------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------
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)
19___ 19___ 19___
Sales
Cost of goods manufactured
and sold
Gross Profit
Selling Expenses
Administrative Expenses
=====================================
Volume : Value : Volume : Value : Volume :
Value
=====================================
:_______:______:________:_______:________:_____
:_______:______:________:_______:________:_____
:_______:______:________:_______:________:_____
:_______:______:________:_______:________:_____
:_______:______:________:_______:________:_____
:_______:______:________:_______:________:_____
Net Profit (Loss) ====== ======= =====
32

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. _________:________:__________:________:_______:__________:_________
I. Employment and Compensation Data (last three years)
Number
Total
Compensation
19___ 19___ 19___ 19___ 19___ 19___
(a) Total No. of employees _____ ____ _____ _____ _____ _____
(b) Employees directly
employed in the production
of subject
article:
Skilled _____ _____ _____ _____ _____ ____
Unskilled _____ _____ _____ _____ _____ ____
(c) Aliens employed _____ _____ _____ _____ _____ ____
J. Importation (last 5 years)
1. Imports
Year Volume $ CIF Value
-------------- --------------------- -------------------------
-------------- --------------------- -------------------------
-------------- --------------------- -------------------------
-------------- --------------------- -------------------------
-------------- --------------------- -------------------------
2. Wholesale Price (Per __________) P _________________
33

K. Major Producers in ASEAN/Concerned Exporting Countries
1. Country
_____________________________________________________________
_____________________________________________________________
2. Name of Company
_____________________________________________________________
_____________________________________________________________
3. Planned Expansion of Capacity
_____________________________________________________________
_____________________________________________________________
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) ______________________ ____________ ___________
34

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) ______________________ ____________ ___________
4) ______________________ ____________ ___________
5) ______________________ ____________ ___________
M. Rated Plant Capacity and Capacity Utilization
a. Existing machinery or
facilities:
Daily (8 hrs.) Monthly Annually
Maximum ____________ _________ __________
Normal ____________ _________ __________
Actual ____________ _________ __________
b. Machineries or facilities
to be installed or acquired:
Maximum ____________ _________ __________
Normal ____________ _________ __________
Actual ____________ _________ __________
35

N. Comparative Unit Price (Wholesale)
=========================================================
: : : Current :
: : Price of Product : Price of Imported :
: Product : Produced 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 )
=========================================================
-------------------- ------------------ --------------- -------------- --------------
-------------------- ------------------ --------------- -------------- --------------
-------------------- ------------------ --------------- -------------- --------------
-------------------- ------------------ --------------- -------------- --------------
-------------------- ------------------ --------------- -------------- --------------
P. Market Share: __________________________
Q. Assets, Liabilities and Stockholder’s/Equity or Capital
19____ 19____ 19____
Total assets ____________ __________ _________
Total Liabilities ____________ __________ _________
Total S/E ____________ __________ _________
36

Please submit audited financial statement for the last three preceeding years
immediately.
Certified true and correct:
____________________
Printed Name
____________________
Signature
____________________
Position
______________________
Date
37

SECTION 402 FLOW CHART
Annex “D”
PETITIONER
Letter Request and TC Form 4
(4 copies)
Sample(s)
Catalog/Brochures, Technical
Specifications/Chemical
Composition
Others
Day 1
COMMODITY SPECIALIST
⇒ For Assessment
CASHIER
Day 1
⇒ For payment of Processing Fee
TECHNICAL TEAM
5 Days
⇒ Evaluation / Investigation to
establish prima facie case
⇒ Prepares letter of invitation
CHAIRMAN /
COMMISSIONERS
Day 1
DIRECTOR FOR RESEARCH
RECORDS
⇒ Indicates Investigation No.
Day 1
1 Day
4 Days
PRESIDING OFFICER
TECHNICAL TEAM
NO
Prima Facie
YES
⇒ Conducts preliminary
conference with petitioner and
ASEAN exporters/supplier and
other government agency
ACCOUNTING / CASHIER
⇒ Prepares notice of public
consultation and list of
interested parties to be notified
⇒ Advises petitioner to pay filing
fee and pay or share in
publication bill
⇒ Plant Visit / Ocular Inspection
⇒ Briefing Paper for general
circulation
Inform Petitioner
⇒ Collects payment of fees &
charges and publication
1 Day
NEDA
Director General
RECORDS
BOARD SECRETARY
3 Days
⇒ Reviews the report as to
conformity with collegial
deliberation
⇒ Prepares transmittal letter to
NEDA DG
1 Day
Public Consultation
5 Days
Submission of Position Papers
3 Days
TECHNICAL TEAM
⇒ Draft Final Report
COLLEGIAL DELIBERATION
5 Days
TECHNICAL TEAM
⇒ Final Report and 38
Recommendation
INFORMATION DIVISION
⇒ Publishes and sends out notices
of public consultation
⇒ Reproduces and distributes
copies of briefing paper during
public hearing (scheduled public
hearings normally held on the
last week of the month)
Tariff Commission
June 2001

TC Form 1-a
TCC No.: _________
(To be submitted in triplicate) Date: _________
The Chairman
Tariff Commission
5 th Floor , Phil. Heart Center
East Ave., Diliman
Quezon City
Sir:
Annex “E”
SUBJECT: REQUEST FOR TARIFF CLASSIFICATION RULING
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/s:
I hereby certify that no import entry has been filed on said article/s nor is it a subject
of a pending protest at the Bureau of Customs.
Enclosed are sample(s), catalog(s), and/or brochure(s) of the subject article(s).
Very truly yours,
______________________
Applicant
Company
Address
Tel. No.
Fax No.
: __________________
: __________________
: __________________
: __________________
Subscribed and sworn to before me this __th day of _________________, 2001,
affiant, exhibited his/her Residence Certificate No. _____________ issued at ________
_____________ on ______________________.
Doc. No.: ___________
Page No.: ___________
Book No.: ___________
Series of
NOTARY PUBLIC
EVALUATION SLIP
39

Enclosures:
[ ] Sample
[ ] Catalog/Brochure(s)
[ ] Technical specification / Chemical composition
[ ] Others (Specify) ________________________
Assessment: __________________________________ (P) ___________)
For acceptance:
__________________
Tariff Specialist
………………………………………………………………………………………………
The Cashier:
Please collect a filing fee of ________________________________________ Pesos
(P _________) from applicant.
_________________
Chief of Branch
(Filing fee of P 200.00 per article is pursuant to E.O. 197 dated 13 January 2000 effective 15
February 2000)
………………………………………………………………………………………………
1 st 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 II
40

SECTION 1313-a FLOW CHART
Day 1
Day 1
Annex “F”
REQUEST FOR
TARIFF
CLASSIFICATION
RULING
⇒ FILLING UP OF T.C.
FORM 1-A
COMMODITY
SPECIALIST
1
⇒ FOR ASSESSMENT
2
CASHIER
⇒ FOR PAYMENT
1 Day
Day 1
3
⇒ FOR RELEASE *
11
⇒ TARIFF COMMISSION
WEB SITE
(www.tariffcommission.gov.ph)
10
RECORDS
SECTION
CHAIRMAN
9
⇒ FOR SIGNATURE
1 Day
1 Day
8
7
EXECOM
COLLEGIAL
⇒ FOR DECISION
4
1 Day
5 Days Day 1
EXECUTIVE
ASSISTANT TO
THE CHAIRMAN
6
COMMODITIES
STUDIES
DIVISION
⇒ FOR PREPARATION
OF RULING
5
DIRECTOR
(RESEARCH AND
INVESTIGATION
DEPARTMENT)
41

Annex “G”
Flowchart of Procedures of the Tariff Commission’s Formal Investigation
under Section 301, as amended by RA 8752
(Number of Days: 120 Days)
RECORDS SECTION
Indorsement/Advice from the DTI / DA Secretary
Day 1
CHAIRMAN / COMMISSIONERS
DIRECTOR FOR RESEARCH and
INVESTIGATION DEPARTMENT
CASHIER
Collection of Investigation Fees
TASK FORCE
(created upon receipt of Notice of Initiation from the DTI-BIS / DA) Issuance
and Publication of Notice of Formal Investigation and
Preliminary Conference; Issuance of Notice of Billing
Preliminary Conference
Issuance of Briefing Paper
Day 1 – 3
(working)
Day 4 – 6
(calendar)
Day 7
Issuance of Order re: Agreements
during the Preliminary Conference
Submission by Parties of Initial Memoranda / Position Papers
Day 15
Day 8-22
Submission of Report of
Findings to the Secretary;
Publication of Notice of Conclusion;
and Furnish
Parties Public Version
of Report
Day 117-120
(calendar)
Collegial Deliberation
Day 116
Finalization of Report
Day 106-115
Submission by Parties of
Comments on Essential Facts
Day 101-105
Verification
(Local / Foreign)
Issuance of Staff Report
(Non-confidential)
Submission by Parties of Comments on the Staff
Report and/or List of Issues for Clarification
Submission by Parties of Comments on the Memoranda
Draft Report of Findings
Disclosure of Essential Facts
Notice of Public Consultation / Hearing
Public Consultation / Hearing /
Consultation in Camera / Executive Session
Submission by Parties of Principal Memoranda
Collegial Deliberation
Day 8-30
Day 40
Day 50
Day 51-55
Day 56-60
Day 61-70
Day 71-75
Day 90
Day 95
Day 96-100
42

Annex “H”
Flowchart of Procedures of the Tariff Commission’s Formal
Investigation under Section 302, as amended by RA 8751
(Number of Days: 120 Days)
RECORDS SECTION
Indorsement/Advice from the DTI / DA Secretary
Day 1
CHAIRMAN / COMMISSIONERS
DIRECTOR FOR RESEARCH and
INVESTIGATION DEPARTMENT
TASK FORCE
(created upon receipt of Notice of Initiation from the DTI- BIS / DA
Issuance and Publication of Notice of Formal Investigation and
Preliminary Conference; Issuance of Notice of Billing
Day 1 – 3
(working)
CASHIER
Collection of Investigation Fees
Preliminary Conference
Issuance of Briefing Paper
Day 4 – 6
(calendar)
Day 7
Issuance of Order re: Agreements
during the Preliminary Conference
Day 15
Submission by Parties of Initial Memoranda / Position Papers
Day 8-22
Submission of Report of
Findings to the Secretary;
Publication of Notice of
Conclusion; and Furnish
Parties Public Version
of Report
Day 117-120
(calendar)
Collegial Deliberation
Day 116
Finalization of Report
Day 106-115
Verification
(Local / Foreign)
Issuance of Staff Report
(Non-confidential)
Notice of Public Consultation / Hearing
Submission by Parties of Comments on the Staff
Report and/or List of Issues for Clarification
Public Consultation / Hearing /
Consultation in Camera / Executive Session
Submission by Parties of Principal Memoranda
Submission by Parties of Comments on the Memoranda
Day 8-30
Day 40
Day 50
Day 51-55
Day 56-60
Day 61-70
Day 71-75
Submission by Parties of
Comments on Essential Facts
Day 101-105
Draft Report of Findings
Disclosure of Essential Facts
Collegial Deliberation
Day 90
Day 95
Day 96-100
43

Annex "I"
Flowchart of Procedures of the Tariff Commission’s Formal
Investigation on Safeguard Measures under RA 8800
[Number of Days: 120 Days (or *60 Days if certified urgent by the Secretary)]
RECORDS SECTION
Indorsement/Advice from the DTI / DA Secretary
Day 1
CHAIRMAN / COMMISSIONERS
DIRECTOR FOR RESEARCH and
INVESTIGATION DEPARTMENT
TASK FORCE
(created upon receipt of Notice of Initiation from the DTI-BIS / DA)
Issuance and Publication of Notice of Formal Investigation and Preliminary
Conference and Submission of Adjustment Plan; Issuance of Notice of Billing;
Notification to all Concerned Parties
Day 1 – 5
*Day 1-3
(working)
CASHIER
Collection of Investigation Fees
Preliminary Conference
Issuance of Briefing Paper
Issuance of Order re: Agreements
during the Preliminary Conference
Day 4 – 6
(calendar)
Day 7
Day 10
*Day 7
Submission by Parties of Position Papers / Documentary Evidences
Day 8-15
*Day 7
Submission of Final
Report on the Result of
Post-Investigation Actions
Verification
(Local / Foreign)
Notice of Public Consultation / Hearing
Day 16-24
*Day 8-20
Day 30
Conduct of Public
Consultation on Actions
Relating to Post-
Investigation Activities
Post-Investigation Activities:
• Monitoring of the Approved
Adjustment Plan;
• Reduction, Modification and
Termination of Safeguard
Measure;
• Extension or Re-Application
of Safeguard Measure; and
• Evaluation of Effectiveness
of Safeguard Action
Submission by Parties of Supplemental Information
and Adjustment Plan (Preliminary or Final)
Issuance of Staff Report
(Non-confidential)
Submission by Parties of Comments on the Staff
Report and/or List of Issues for Clarification
Public Consultation / Hearing
Submission by Parties of Amended Position Papers
Day 2-45
*Day 2-30
Day 60
*Day 35
Day 61-65
*Day 36-40
Day 66-70
*Day 41-45
Day 71-80
*Day 46-50
Issuance by the Secretary
of Order (With / Without
Safeguard Measures)
Draft Report of Findings
Collegial Deliberation
Submission of Report of Findings to the Secretary; Publication of
Notice of Conclusion; and Furnish Parties Public Version of Report
Day 100
*Day 55
Day 105
*Day 57
Day 106-120
*Day 58-60
44

Annex “J”
Administrative Order No. 00-017
19 April 2000
REVISED SCHEDULE OF FEES AND CHARGES
Subject : Revised Schedule of Fees and Charges
------------------------------------------------------------------
Pursuant to E.O. 197 dated 13 January 2000, following is the revised schedule of
fees and charges by this Commission in the implementation of the pertinent
Sections of the Tariff and Customs Code:
Nature of Fee Existing Rate Revised Rate
1. Apllication for classification Php 150/article
Php 200/article
ruling under Section 1313-a
2. Request for ASEAN AFTA-CEPT Php 150/article
Php 200/article
rate of duty
3. Petition for tariff modification
under Section 401 (pay first
Php 1,500/one or more
but not exceeding 5
Php 2,000/one or more but
not exceeding 5 articles
before start of public hearing, articles falling in same falling in same heading or
after the collegial
deliberation)
heading or chapter. chapter.
4. Petition to modify import
duties or to fix import quota,
withdrawal/suspension of a
tariff concession under Section
402.
5. Anti-dumping and
countervailing protest under
Section 301 and 302 (payment
is pre-requirement per E.O.
197).
6. True copy of tariff
rulings/other related
documents
7. Processing fee of a petition
under Section 401 and 402
8. Other related documents (e.g.
xerox copies)
Php 1,500/one or more
but not exceeding 5
articles falling in same
heading or chapter.
Php 5,000/article
Php 50/copy not
exceeding 5 pages. In
excess, P10/page.
Php 100/article
Php 1.50/page
Php 2,000/one or more but
not exceeding 5 articles
falling in same heading or
chapter.
Php 6,000/article
Php 60/copy not exceeding
5 pages. In excess,
P12/page.
Php 120/article
Php 2.00/page
45

This amends Notice of Schedule of Fees and Charges published on 24 October 1997.
This Order takes effect in accordance with DOF-DBM Joint Circular No. 2002-2
dated 04 April 2000.
All concerned shall be guided accordingly.
Approved:
(Sgd.) Emmanuel T. Velasco, Ph.D.
Chairman
FELIPE M. MEDALLA
Secretary for Socio-Economic Planning and Director-General
NEDA
*effective fifteen (15) days after publication
Administrative Order No. 00-103
27 July 2000
SUBJECT : Revised Schedule of Fees and Charges
Pursuant to E.O. 197 dated 13 January 2000, following is the revised schedule of fees and
charges by this Commission in the implementation of the pertinent Sections of the Tariff
and Customs Code:
1. x x x
2. x x x
3. x x x
4. x x x
Nature of Fee Existing Rate Revised Rate
5. Cost of investigation under:
RA 8751 (Countervailing Duty Act of
1999)
RA 8752 (Anti-Dumping Act of 1999)
RA 8800 (Safeguard Measures Act).
P6,000 / article P10,000 / article
6. x x x x x x x x x
7. x x x
8. x x x
46

This amends Notice of Schedule of Fees and Charges published on 27 May 2000.
This further amends Administrative Order No. 00-017A dated 19 April 2000. This Order
takes effect in accordance with DOF-DBM Joint Circular No. 2000-2 dated 04 April 2000.
APPROVED:
All concerned shall be guided accordingly.
FELIPE M. MEDALLA
Secretary for Socio-Economic Planning
and Director General
NEDA
EMMANUEL T. VELASCO, Ph. D.
Chairman
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:
June 20, 1953
Agency Trunkline Number/s, Fax and e-mail Address:
Webpage:
PHC Trunkline - 925-2401 to 50
Fax No. - 921-7960
E-mail address - tarcm@pworld.net.ph
tarcm@mydestiny.net
http://www.tariffcommission.gov.ph
Mother Agency:
National Economic and Development Authority (NEDA)
Full Names, Designations of Agency Officials, Direct and Local lines
NAME
DESIGNATION
DIRECT
LINE
LOCAL
LINE
EDGARDO B. ABON CHAIRMAN 433-58-99
921-79-60
REMEDIOS G. NAZARETH COMMISSIONER 433-58-95
928-81-06
FERDINAND D. TOLENTINO COMMISSIONER 433-42-52
928-81-06
3501
3505
3504
EDGARDO R. MARALIT
DIRECTOR III
RESEARCH & INVESTIGATION
DEPARTMENT (RID)
928-84-19
926-74-76
3503
EMMANUEL A. CRUZ
OIC, DIRECTOR III
TECHNICAL SUPPORT SERVICES
DEPARTMENT (TSSD) AND
CONCURRENT HEAD EXECUTIVE
ASSISTANT
433-58-98 3507
48

NAME
DESIGNATION
DIRECT
LINE
LOCAL
LINE
ILUMINADA B. BURGOS
DIRECTOR III
FINANCE AND ADMINISTRATIVE
DEPARTMENT (FAD)
433-95-53
924-31-23
3506
EDWARD S.A. BESANA
AMELIA P. DOMINGO
ISAGANI D. GARDUQUE
OIC/ INFORMATION TECHNOLOGY
OFFICER II
MANAGEMENT INFORMATION
SYSTEMS DIVISION, TSSD
CHIEF TARIFF SPECIALIST
PLANNING, PROGRAM DEV’T. &
MONITORING DIVISION, TSSD
INFORMATION OFFICER V
INFORMATION DIVISION , TSSD
433-58-96 3502
433-58-96 3502
433-58-96 3502
ARTEMIO D. BERNARDINO
ZENAIDA C. LACAR
MARILOU P. MENDOZA
ROMEO U. SALUTA
FLORDELIZA A. HERNANDEZ
CHIEF TARIFF SPECIALIST
COMMODITIES STUDIES DIVISION,
RID
CHIEF TARIFF SPECIALIST
FINANCIAL STUDIES DIVISION,
RID
CHIEF TARIFF SPECIALIST
ECONOMIC STUDIES DIVISION, RID
ASSISTANT DIRECTOR - DESIGNATE/
FINANCE AND MANAGEMENT CHIEF
(CONCURRENT),
FINANCE AND MANAGEMENT
DIVISION, FAD
ADMINISTRATIVE OFFICER V
ADMINISTRATIVE DIVISION, FAD
926-87-31 3508
3510
928-84-19 3508
3510
928-84-19 3503
3508
929-19-64 3506
929-19-64 3506
JEAN A. CABALES BOARD SECRETARY IV 433-58-98
921-79-60
3507
49