Profile : Duties and Functions
What are the duties and functions of the Tariff Commission under the
pertinent provisions of
the Tariff and Customs Code?
The Tariff Commission is tasked with the implementation of the following provisions of the
Tariff and Customs Code, namely:
- Anti- Dumping Investigations (as amended by RA 8752)
The Commission conducts formal investigations, including public hearings, on petitions
filed against the importation of articles at dumping prices to determine whether or not
the domestic industry is injured or threatened with injury as a result of this
importation. The Commission submits a report of findings, whether favorable or not, to the
Secretary for the latter to issue the Department Order.
Section 302 - Countervailing Investigations
The Commission conducts investigations on petitions against imported articles directly or
indirectly granted any bounty, subsidy or subvention. The Commission submits a report of
its findings to the Secretary. Our countervailing law is governed by R.A. 8751( AN ACT STRENGTHENING THE MECHANISMS FOR THE IMPOSITION OF COUNTERVAILING DUTIES
ON IMPORTED SUBSIDIZED PRODUCTS, COMMODITIES OR ARTICLES OF COMMERCE IN ORDER TO
PROTECT DOMESTIC INDUSTRIES FROM UNFAIR TRADE COMPETITION, AMENDING FOR THE PURPOSE
SECTION 302, PART 2, TITLE II, BOOK I OF PRESIDENTIAL DECREE NO. 1464, OTHERWISE KNOWN AS
THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED)
401 - Flexible Clause
Under the "Flexible Clause" provision, the Tariff Commission undertakes
investigations, including public hearings, on petitions to increase, reduce or even remove
existing rates of duty, including any necessary change in tariff classification, for the
purpose of protecting local industries or the economy as a whole. The Commission prepares
and submits its findings and recommendations to the National Economic and Development
Authority (NEDA), the agency that makes the final recommendation for the President's
- Promotion of Foreign Trade
Before any trade agreement is entered into with any foreign government for the purpose of
expanding foreign markets for Philippine products as a means of assistance in the economic
development of the country, and in establishing and maintaining better relations with
other countries, the Commission conducts an investigation to determine whether or not such
agreement is in the national interest. These trade agreements include those entered into
under WTO and ASEAN. The report of its findings is submitted to NEDA which makes its
recommendation to the NEDA Board and the President.
Section 505 - Trade
The Commission monitors trade developments that result from the implementation of trade
related policies, programs, and regulations such as the import liberalization programs
(ILP) and exemptions from the payment of import duties.
Section 506 - Assistance to
the President and Congress of the Philippines
The Commission provides information and other forms of assistance to the President and
Congress on the evaluation of tariff and tariff-related matters.
Section 1313A - Tariff Commodity Classification
The Commission issues tariff classification rulings after thorough research and analysis
on the commodities imported or to be imported. Such classifications are binding upon
the Bureau of Customs unless the Secretary of Finance shall rule otherwise. As a policy,
the Commission does not issue rulings on specific commodities subject of a protest.
R.A. 8800 - Safeguard Measures Act
(AN ACT PROTECTING LOCAL INDUSTRIES BY PROVIDING SAFEGUARD MEASURES TO BE UNDERTAKEN IN RESPONSE TO INCREASED
IMPORTS AND PROVIDING PENALTIES FOR VIOLATION THEREOF)
conducts the formal investigation of safeguard cases. It is mandated to
complete its investigation and submit its report to the Secretary within one hundred
twenty (120) calendar days from receipt of the referral by 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 to the Secretary within sixty (60) days.
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