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NOTICE OF FORMAL INVESTIGATION

 

TARIFF COMMISSION

IN THE MATTER OF THE PETITION FOR
EXTENSION OF THE IMPOSITION OF
SAFEGUARD MEASURE AGAINST THE
IMPORTATION OF GRAY PORTLAND CEMENT
(AHTN HDG. Nos. 2523.29.10, 2523.29.90 & 2523.90.00)


FOR: SAFEGUARD MEASURE
(R.A. No. 8800)
S.G. INV. NO. 02-2004


CEMENT MANUFACTURERS ASSOCIATION
OF THE PHILIPPINES (CEMAP)
Petitioner
X - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X


NOTICE OF FORMAL INVESTIGATION


Pursuant to Section 19 of R.A. 8800, otherwise known as the “Safeguard Measures Act”, notice is hereby given that the petition of the Cement Manufacturers Association of the Philippines for extension of the safeguard measure against the importation of gray Portland Cement (AHTN HDG. Nos. 2523.29.10, 2523.29.90 & 2523.90.00) is now under formal investigation by the Tariff Commission . The formal investigation commenced after the Secretary of Trade and Industry endorsed the petition to this office on November 30, 2004.

A preliminary conference will be held on December 16, 2004 at 9:00 a.m. at the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Building, East Avenue, Diliman, Quezon City. Matters for discussion include the schedule and procedure of public consultation, the nature of administrative and fact-finding proceedings, the non-applicability of the technical rules of procedures under the Rules of Court, the submission of parties’ evidence and position papers, and non-availability of confidential information, the time frame of formal investigation and other related matters necessary for the speedy disposition of the case.

For particulars, please inquire from the Safeguard Measure Task Force on Cement at Tel. Nos. 433-5898 or 928-8419.

Issued this 6th day of December 2004, Quezon City, Metro Manila.
 


(Sgd.) GEORGE N. MANZANO
  
Commissioner

Manila Times, 08 December 2004

 

NOTICE OF PUBLIC CONSULTATION

 

TARIFF COMMISSION

     Pursuant to Section 402 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct a public consultation on 24 November 2004 at 9:00 A.M. on the reduction of the WTO bound rates using the non-linear formula approach under the WTO Non-Agriculture Marker Access (NAMA) trade negotiations. Said consultation will be held at the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

     The objective of the consultation is to get the views of the private sector/concerned government agencies on reducing the WTO bound rates using the non-linear formula approach under the WTO Non-Agricultural Market Access (NAMA) trade negotiations.

     Said consultation will cover the following products:

HS Chapter/Heading

Product Coverage

3

Fish and crustaceans, molluscs and other aquatic invertebrates

05.09

Natural sponges of animal origin

15.04

Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified

16.03

Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates

16.04

Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs

16.05

Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved

23.01

Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves

25-40

Chemicals and Chemical Products

41-64

Raw Hides, Leather, Leather Goods, Etc.; Wood and Wood Products, Etc.; Pulp, Paper and Paper Products; Textiles and Articles Thereof; Footwear

65-83

Base Metals and Non-Metals

84-97

Machinery, Transport Equipment and Miscellaneous Manufactured Articles

     Interested parties will be given opportunity to be heard and to present evidence in support of their positions. For particulars, product coverage for reproduction and other information can be obtained from the Information Division, Tel. Nos. 433-5896 or 433-5898.

     Issued this 16th November 2004, Quezon City, Metro Manila.

(Sgd.) GEORGE N. MANZANO
         Officer-In-Charge
         Commissioner

Manila Times - Nov. 17, 2004

 

SUMMARY REPORT ON THE PETITION FOR EXTENSION OF THE GENERAL SAFEGUARD ACTION AGAINST IMPORTS OF CERAMIC FLOOR AND WALL TILES
(SG Inv. No. 01-2004)

 


SUMMARY REPORT OF THE FORMAL INVESTIGATION BY THE TARIFF COMMISSION ON THE PETITION OF THE CERAMIC TILES MANUFACTURERS ASSOCIATION FOR EXTENSION OF THE GENERAL SAFEGUARD ACTION AGAINST IMPORTS OF
CERAMIC FLOOR AND WALL TILES PURSUANT TO R.A. 8800

In accordance with Section 14 of R.A. 8800 (“Safeguard Measures Act”), the Tariff Commission hereby causes the publication of the summary findings and recommendation on the above-cited investigation.

 FINDINGS

1.  The domestic industry made serious efforts to comply with its adjustment plan and there is evidence that the industry is making positive adjustment to import competition.

2.   The current safeguard measure is effective. The domestic industry saw improvement in its production; sales; market shares; productivity; capacity utilization and employment.

3.  The shift of import sourcing to countries in the de minimis list indicates that tiles are substitutable and sourcing patterns are sensitive to price changes.

4.   Without a safeguard duty, domestic selling prices will fall below levels not enough to recover cost to produce and sell. There is a substantial threat of serious injury if safeguard duty is not extended.

5.  Many exporting countries in the Asian region continue to increase their production capacities to tap the export market. These ceramic tiles are intended for export to countries mainly within the region indicating the likelihood of substantially increased exports to the Philippines and that, unless safeguard action is extended, serious injury can occur.

6.   Without the extension of the safeguard measure, the positive gains made by the domestic industry will be negated as it still needs time to fully put in place its adjustment plan to effectively face import competition.

7.   Non-extension of the safeguard measure will likely lead to imports coming in at increased quantities which will be the dominant cause of serious injury to the domestic industry.

RECOMMENDATION

The Commission has recommended to the Secretary that the action be extended for three (3) years. The Commission further recommended that the measure continue to be liberalized following the linear reduction applied in the first three years of the safeguard action.

  

EDGARDO B. ABON
Chairman

                       -                                                             GEORGE N. MANZANO
Commissioner                                                              Commissioner

25 October 2004
Quezon City

Nov.4, 2004 Manila Times

 

CUSTOMS MEMORANDUM ORDER
(CMO NO. 28-004)

                                                                                                                                             October 8, 2004

CUSTOMS MEMORANDUM ORDER
NO. 28-2004

TO:  All District Collectors
       Formal Entry Divisions Chiefs
       All Others Concerned

                                     SUBJECT:    Reinstatement of Special Safeguards (SSG)
                                                       Duty on Imported Chicken and Chicken
                                                       Products (HS Code No. 0207.14 92)

      
Inasmuch as the supply of chicken and chicken products has stabilized and the trigger price of these commodities has been breached as determined by the industry and relevant government agencies, the SSG duty on imported chicken and chicken products (HS Code No. 0207.14 92) pursuant to CMO No. 42 dated November 21, 2002 is hereby reinstated for imposition pursuant to the letter of the Secretary of Agriculture dated September 13, 2004 which states:


        "However, it is the view of the industry and the relevant government agencies that the supply situation of chicken and chicken products has already stabilized.  Moreover, the trigger price of other cuts and offal of fowls of the species Gallus domesticus, frozen under HS Code 0207.14 92 has again been breached (refer to Attachment A).

      In light of this, we are requesting the reinstating of the SSG duty imposition on imported chicken and chicken products under HS Code 0207.14 92 effective immediately".

     
This Order shall take effect immediately upon signing.



                                                                                  (signed) GEORGE M.JEREOS                                                                                                    Commissioner

 

NOTICE OF PUBLIC HEARING/ CONSULTATION

NOTICE OF PUBLIC HEARING/ CONSULTATION

              Pursuant to Sections 401/402 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct a public hearing/consultation on 21 October 2004, at 9:00 A.M. at the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

               Said hearing/consultation will cover the following:

   ¨      Normal Track Under the ASEAN-China FTA:

a)                 Products with MFN rates of above 20% will be reduced to 20% by 01 January 2005

b)                 Products with MFN rates of above 5% but less than 10% will be reduced to 5% by 01 January 2005 

HS CHAPTERS

COVERAGE

Chapters 1-24

Agriculture and Food Products

Chapters 25-40

Chemicals and Allied Products

Chapters 41-64

Leather, Wood, Paper, Textile, Footwear, etc.

Chapters 65-83

Metals and Non-Metal Products

Chapters 84-97

Machinery, Transport and Miscellaneous Manufactured Products

 ¨      Additional Products Proposed for Tariff Elimination in 2007 on Health Care and Automotive Sectors Under the ASEAN Integration Initiative:

HS HEADINGS

COVERAGE

12.11

Plants and parts of plants

7315.89; 7315.90; 73.20

Chain for motorcycles; parts of chains; springs and leaves for springs for motor vehicles

87.06

Chassis fitted with engines, for motor vehicles of headings 87.01 to 87.05

87.14

Parts and accessories of vehicles of headings 87.11 to 87.13

 ¨      Early Harvest Program Under the ASEAN-India FTA:

HS HEADINGS

COVERAGE

1604.13; 1604.14; 18.04; 18.05; 2008.20; 2009.49

Sardines, sardinella and brisling or sprats, tunas, skipjack and atlantic bonito, prepared or preserved; cocoa butter, fat and oil; cocoa powder;  pineapples, prepared or preserved; pineapple juice

2610.00; 2611.00; 2701.11; 2713.11; 2714.90; 2821.20; 2827.60; 2834.10; 28.36; 2837.11; 28.39; 29.02; 2905.44; 29.07; 2908.20; 2909.42; 2912.50;  29.16; 29.17; 2918.29; 2921.49;  2922.50; 2924.11; 2929.90; 2932.19; 2937.90; 2938.90; 2942.00; 32.04; 3802.90; 3812.30; 3824.90; 40.10; 4014.10, 4015.19

Chromium ores;  tungsten ores; anthracite; petroleum coke; bitumen & asphalt asphaltites and asphaltic rocks; earth colours; iodides and iodide oxides; nitrites; disodium and calcium carbonate; sodium cyanide and cyanide oxides; silicates; cyclic hydrocarbons;  D-glucitol; polyphenols;  monomethyl ethers of ethylene glycols; cyclic polymers of aldehydes; esters of methacrylic acid;  benzoic acid, its salts and esters; phthalic anhydride; trioctyltrimellitate; other carboxylic acids with phenol function; aromatic monoamines; amino compounds with oxygen function; meprobamate; other nitrogen function compounds; other hormones;  other glycosides and their derivatives; other organic compounds; synthetic organic colouring matter;   activated bauxite;  anti-oxidising preparations and stabilizers; ink removers, stencil correctors, etc.; conveyor and transmission belts, of rubber; sheath contraceptives; gloves, mittens and mitts

4104.41; 4411.29; 4415.10; 44.20; 47.01; 4811.49; 4811.90; 4813.90; 4816.10;  4819.10; 4820.10; 4820.40; 4820.90; 4823.90; 4901.10; 49.11

 

Full grains, unsplit, grain splits; other fibreboard; cases, boxes, crates, drums; wood marquetry and inlaid wood, caskets and cases for jewelry or cutlery, statuettes and other ornaments of wood; mechanical wood pulp; other gummed paper, paperboard; other paper, paperboard, cellulose wadding and webs of cellulose fibres; cigarette paper; carbon or similar copying papers; cartons, boxes, and cases, of corrugated paper and paperboard; registers, account books, note books, order books, receipt books, letter pads, memorandum pads, diaries; manifold business forms and interleaved carbon sets; other articles of stationery; other articles of paper pulp, paper, paperboard; printed books, brochures, leaflets in single sheets; other printed matter

7005.21;7310.29; 7401.10; 7403.11; 7501.10; 7502.10; 7801.10; 7801.91; 8001.10

Optical glass; steel containers, of a capacity of less than 50 liters; copper mattes; cathodes and sections of cathodes, of refined copper; nickel mattes; unwrought nickel; refined lead and other unwrought lead; tin, not alloyed

8410.90; 8411.99; 8413.20;8428.39; 8428.90; 84.48; 84.55; 84.66; 84.67; 84.69; 84.73; 84.80; 8481.80; 84.82; 84.83; 84.84   

Hydraulic turbine parts; gas turbine parts; hand pumps for water and other liquids; agricultural type elevators and conveyors; automated machines for transport, etc; parts of machines for preparing textile fibres, spindles, spinning rings, etc; metal –rolling mills and parts; parts and accessories for machines of hdg. 84.56 to 84.65; tools for working in the hand; typewriters; parts and accessories for machines of hdg. 84.69 to 84.72; moulds for rubber or plastics; valves; ball or roller bearings; clutches and shaft couplings; gaskets and similar joints of metal sheeting.    

 Interested parties will be given opportunity to be heard and to present evidence in support of their positions. For particulars, please inquire at the Information Division, Tel. Nos. 433-5896 or 433-5898.

             Issued this 13th day of October 2004, Quezon City, Metro Manila.

                                                                                     (sgd.) EDGARDO B. ABON
                                                                                                  Chairman       

MT - Oct. 14, 2004

 

NOTICE OF PUBLIC HEARING/ CONSULTATION

NOTICE OF PUBLIC HEARING/ CONSULTATION

              Pursuant to Sections 401/402 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct a public hearing/consultation on 23 September 2004, at 9:00 A.M. at the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

            Said hearing/consultation will cover the following petitions:

bullet

 Request of the Department of Energy for the Natural Gas Vehicle Program:
 

HS HEADINGS

COVERAGE

39.23

Plastic containers for natural gas

73.11; 76.13

Containers for compressed natural gases

84.07; 84.08; 84.09; 84.14; 84.21; 84.81; 90.26; 90.28; 90.32

 

Spark-ignition reciprocating or rotary internal combustion piston engines; compression-ignition internal combustion piston engines (diesel or semi-diesel engines); parts suitable for use solely or principally with the engines of heading 84.07 or 84.08; gas refueling stations, gas compressors and parts thereof; intake air filters for internal combustion engines; check valves; pressure gauge for motor vehicles; gas meters; manostats

87.02

Motor vehicles for the transport of ten or more persons, including the driver equipped with engines fueled by compressed natural gases

 

bullet

 Request of the Association of Petrochemical Manufacturers of the Philippines for maintenance of CEPT rates in EO 161:
 

HS HEADINGS

COVERAGE

39.01; 39.02; 39.03; 39.04; 39.18; 39.20

Polyethylene; polypropylene; polystyrene; polyvinyl chloride; floor, wall or ceiling coverings and other plates, sheets, film, foil and strip, of PVC

5607.41; 5607.49

Twine, cordage, ropes and cables of polyethylene or polypropylene

 

bullet

Request of Lao PDR for reduction of CEPT rate under the ASEAN Integration System of Preference (AISP):
 

HS HEADINGS

COVERAGE

1005.10; 12.01; 1202.20; 1211.90; 1404.90

Corn seed; soya beans;  ground-nuts, shelled, other plants/parts of plants used primarily in perfumery, pharmacy, or for insecticidal, fungicidal or similar purposes; other vegetable products, n.e.s.

26.07

Lead ores and concentrates

 

bullet

Other Section 401 petitions:
 

HS HEADINGS

COVERAGE

2004.10.00

Frozen potatoes

4823.90.99B

Evaporative cooling pads for poultry

8309.90

Cones and domes, of tinplate for aerosol cans

84.18

Chest freezers

85.28

Plasma TV and plasma monitors

84.07; 84.08

Used engines for motor vehicles

87.02; 87.03; 87.04 ; 87.11

Cars and trucks; motorcycles

8703.90

Components, parts and/or accessories imported from one or more countries for assembly of motor vehicles by participants in the motor vehicle development program

            Interested parties will be given opportunity to be heard and to present evidence in support of their positions. For particulars, please inquire at the Information Division, Tel. Nos. 433-5896 or 433-5898.

             Issued this 15th day of September 2004, Quezon City, Metro Manila.

(Sgd.) EDGARDO B. ABON
            Chairman

Manila Standard - September 16, 2004

NOTICE OF CONSULTATION

                                                                      

DEPARTMENT OF TRADE & INDUSTRY


IN THE MATTER OF THE REVIEW ON THE
APPLICATION OF GENERAL SAFEGUARD
MEASURES AGAINST IMPORTATION OF
GRAY PORTLAND CEMENT
(H.S. Code Nos. 2523.29 00 & 2523.90 00)
FROM VARIOUS COUNTRIES
(SAFEGUARD CASE NO. 02-2001)

NOTICE OF CONSULTATION

Pursuant to Section 15 of RA 8800 “The Safeguard Measures Act” and Rule 15.6 of its Implementing Rules and Regulations (IRR) which provides that “the decision imposing a general safeguard measure, the duration of which is more than one (1) year, shall be reviewed at regular intervals for purposes of liberalizing or reducing its intensity, x x x,” the Department of Trade and Industry will conduct a review on the definitive safeguard measures applied on gray Portland cement which was implemented on the domestic industry, consumers and the public in general.

In view thereof, notice is hereby given that a consultation will be held on 22 September 2004, Wednesday at 2:00 p.m., at AVR Penthouse BOI Building, 385 Sen. Gil Puyat Avenue, Makati City.


All interested parties are hereby enjoined to attend and present their evidence in support of their respective positions.

For particulars, you may contact the Bureau of Import Services – Import Strategy Division (BIS-ISD) at telephone numbers 895-9228/ 896-4430 / 895-5474.

                                                                                                                                   (Sgd.) LUIS M. CATIBAYAN
                                                                                                                                                    Director

P.S. Sept. 18, 2004

NOTICE OF CONSULTATION

                                                                  

NOTICE OF CONSULTATION

             Pursuant to Section 402 of the Tariff and Customs Code, as amended, the Tariff Commission will hold consultation on 26 August 2004, at 9:00 A.M., on the application of TOYOTA MOTOR PHILIPPINES CORPORATION for inclusion of certain automotive parts and components from Thailand, Malaysia and Indonesia under the ASEAN Industrial Cooperation (AICO) Scheme.  Venue of the consultation is the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

 
              All interested parties will be given the opportunity to be heard and submit evidence in support of their positions regarding the grant of the preferential tariff rates of 0% - 1% to the subject products on or before the consultation.

              The product coverage of said consultation is shown below: 

AHTN HDG. NO.

DESCRIPTION OF GOODS

APPLIED FINAL PRODUCT

2004 RATE OF DUTY (%)

8703.90.26
8703.90.27

Components, parts and/or accessories imported from one or more countries for assembly of motor vehicles by participants in the motor vehicle development program

Toyota Corolla

3

 

 

 

 

8703.90.28
8703.90.32

Components, parts and/ or accessories imported from one or more countries for assembly of motor vehicles by participants in the motor vehicle development program

Toyota Camry

3

 

 

 

 

8703.90

 

Components, parts and/ or accessories imported from one or more countries for assembly of motor vehicles by participants in the motor vehicle development program

Toyota
IMV
(Innovative Multi-Purpose Vehicle)

 

3

                      Issued this 18th day of August 2004, Quezon City, Metro Manila.
 


                                                                                                                                                               (signed)
                                                                                                                                                     
   EDGARDO B. ABON
                                                                                                                                                               Chairman
  
MT August 20, 2004

 

NOTICE OF PUBLIC HEARING/CONSULTATION

                                                                  

NOTICE OF PUBLIC HEARING/CONSULTATION

             Pursuant to Sections 401/402 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct a public hearing/consultation on the proposed elimination of tariff rates in 2007 on nine (9) priority sectors under the ASEAN Integration Initiative on August 16, 2004, at 9:00 A.M., at the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City. The following are the list of sectors and products being considered:

 

SECTOR/ HS/AHTN HDG.

PRODUCTS

Agro-based:

07.02, 07.08, 07.10, 07.13, 08.01, 08.04, 1005.90, 1102.20, 1106.30, 12.03, 1207.10, 15.07, 15.11, 15.13, 15.15, 20.02, 2005.40, 2005.51, 20.08, 20.09, 2302.10, 23.04, 2306.50, 2306.60, 2306.70

 

Tomatoes, legumes, coconuts, pineapples, mangoes and mangosteens, corn, corn flour,  flour, meal, powder of products of Chapter 8, copra, palm nuts and kernels, vegetable oils, fruit, nuts, edible parts of plants, prepared/preserved, pineapple juice, tomato juice, corn bran and similar residues, oil-cake and other residues resulting from the extraction of vegetable fats and oils

Fisheries:
Chapter 3, 16.04, 16.05, 2104.10.90, 2104.20.90

 
Fish, crustaceans, mollusks and other aquatic invertebrates; soups, broths and preparations thereof

Healthcare:
29.41; 30.04, 30.05, 3006.70, 3006.80,  33.03, 33.04, 33.05, 33.06, 33.07, 34.01; 40.15; 4016.99.16; 4818.40.20; 4818.50.10; 4818.50.90; 5208.21.10; 6307.90.20; 6307.90.90

 

 
Antibiotics; medicaments for therapeutic or prophylactic uses, put up in measured doses; wadding gauze, bandages and similar articles; gel preparations; waste pharmaceuticals; perfumes and toilet waters; beauty or make-up preparations and preparations for the care of the skin, use on the hair, oral or dental hygiene; cosmetic or toilet preparations; soap; organic surface-active products and preparations for use as soap; articles of apparel and clothing accessories (including gloves, mittens and mitts), for all purposes, of vulcanized rubber other than hard rubber; rubber parts and accessories for carriages for disabled persons; sanitary towels, tampons, and similar articles; surgical face masks, of paper; other articles of apparel and clothing accessories of paper, cellulose wadding or webs of cellulose wadding; absorbent fabric for surgical use; surgical face mask, of textile; other made up articles of textile

Rubber based products:
40.07, 40.09, 40.10, 40.11, 40.12, 40.13, 40.14, 40.15, 40.16; 59.06; Chapter 64; 85.44; 90.04; 94.04; 95.03

 
Vulcanized rubber thread and cord; tubes, pipes and hoses; conveyor or transmission belts or belting; new pneumatic tyres; retreaded or used pneumatic tyres; inner tubes; hygienic or pharmaceutical articles (including teats); articles of apparel and clothing accessories (including gloves, mittens and mitts), for all purposes; other articles of vulcanized rubber; rubberized textile fabrics; footwear; insulate wires and cables; goggles; mattress and other articles of beddings; toys

Textiles and Apparel:
Chapters 52 - 63


Textiles and textile articles

Wood based products
44.07 to 44.21;  94.01; 94.02; 94.03


Wood and articles of wood; seats; furniture

ICT Products:
84.19; 84.24; 85.04; 85.18; 85.19; 85.20; 85.21; 85.22; 85.23; 85.24; 85.25; 85.27; 85.28; 85.36; 85.40; 9017.20.10


Condensers and evaporators; sprayers; ballast; transformers; microphones; loudspeakers; amplifiers; sound reproducing apparatus; sound recording apparatus; video; parts of articles in heading 85.19 to 85.21; magnetic cards; recorded media; transmission apparatus; reception apparatus for radio; reception apparatus for television; switches; cathode-ray tubes; rulers. 

Electronics:
39.09; 73.21; Chapters 84 and 85

 


Amino-resins, phenolic resins and polyurethanes; stoves, ranges, and similar appliances and parts thereof; all articles under Chapter 84 and 85 except ITA 1 products, nuclear reactors and mechanical appliances and machineries.

Motor Vehicle Industry:
84.07; 84.08; 84.09; 84.15; 87.02; 87.03; 87.04; 87.05 87.07; 87.08; 87.11; 90.30


Gas engine; diesel engine; parts of gas and diesel engine; air conditioning machine; passenger and commercial cars; special purpose vehicles; vehicle bodies; parts of motor vehicles in heading 87.02 to 87.05; motorcycles; ammeters and voltmeters.

            Interested parties will be given opportunity to be heard and to present evidence in support of their positions.  For particulars, please inquire at the Information Division, Tel. Nos. 433-5896 or 433-5898.

             Issued this 06 August 2004, Quezon City, Metro Manila.

                                                                                                                                                               (signed)
                                                                                                                                                   
     EDGARDO B. ABON
                                                                                                                                                               Chairman
   MT August 8, 2004

 

NOTICE OF PUBLIC CONSULTATION

 

TARIFF COMMISSION

IN THE MATTER OF THE PETITION FOR EXTENSION
OF THE IMPOSITION OF SAFEGUARD MEASURE AGAINST
THE IMPORTATION OF CERAMIC FLOOR AND WALL TILES
(AHTN NOS. 6907.90.10, 6908.90.11 and 6908.90.21)

                                                                                                          FOR:   SAFEGUARD MEASURE 
                                                                                                                      (R.A. No. 8800)

                                                                                                                     S.G.  INV.  NO. 01-2004

 

PHILIPPINE CERAMIC TILE INDUSTRY,
AS REPRESENTED BY CERAMIC TILE
MANUFACTURER’S ASSOCIATION, INC.
                                           Petitioner
x---------------------------------------------------------x  

NOTICE OF PUBLIC CONSULTATION

             Notice is hereby given that pursuant to Section 10 of the Commission Order No. 00-02 prescribing the Rules and Regulations to Govern the Conduct of Investigation by the Tariff Commission on Safeguard Measure pursuant to R. A. 8800, a public consultation will be held at the Conference Room of the Tariff Commission, 5th Floor, Philippine Heart Center Building, East Avenue, Diliman, Quezon City on the following dates and time:

Date

Time

23 August 2004

9:00 a.m.

24 August 2004

9:00 a.m.

27 August 2004

9:00 a.m.

            Within five (5) calendar days from receipt of the Commission’s Staff Report which will be issued before the public consultation, parties are given one opportunity to comment thereon particularly on the aspects of product comparability and volume of imports.  If no comment is filed, then the factual findings on product comparability and volume of imports of the Commission contained in the Staff Report will be binding to the party who did not submit its Comment.   

The parties are also required to submit to the Commission within five (5) calendar days before the consultation, a list of issues they want to explore in the consultation other than the issues on product comparability and volume of imports. A party who does not submit a list of issues is deemed to have no controversial/contestable matter to raise, hence, will be given less priority in the order of parties to ask clarificatory questions during the public consultation. Parties are also required to submit to the Commission the affidavits of their witnesses three (3) days prior to the public consultation.

All principal parties, counsels, affiants, deponents and other interested parties should appear before the Commission on the first day of the public consultation. 

For particulars, please inquire from any member of the Safeguard Measures Task Force on Ceramic Tiles at Tel. Nos. (632) 926-87-31 or (632) 928-84-19.

            Issued this 2nd day of August 2004, Quezon City, Metro Manila.

 

                                                                           (Signed) GEORGE N.  MANZANO
                                                                                            
Commissioner
                                                                                          Officer-In-Charge

 

 MT, 04 August 2004

 

NOTICE OF PUBLIC HEARING/CONSULTATION

            

NOTICE OF PUBLIC HEARING/CONSULTATION

Pursuant to Sections 401/402 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct a public hearing/consultation on the proposed tariff modification on certain steel products on 19 July 2004, Monday, at 9:00 A.M., at the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

HS/AHTN HEADING

COVERAGE

72.08

Hot rolled flat products of iron or steel

72.09

Cold rolled flat products including tin mill black plate of iron or steel

72.11

Hot and cold rolled flat products of iron or steel

72.10
72.12

Tinplates and galvanized iron sheets

             Interested parties will be given opportunity to be heard and to present evidence in support of their positions.  For particulars, please inquire at the Information Division, Tel. Nos. 433-5896 or 433-5898.

             Issued this 16th day of July 2004, Quezon City, Metro Manila.

 

EDGARDO B. ABON
     
Chairman

 

NOTICE OF PUBLIC HEARING/CONSULTATION

 (S.G. INV. NO. 01-2004) PETITION FOR EXTENSION OF THE IMPOSITION OF SAFEGUARD MEASURE AGAINST THE IMPORTATION OF Ceramic Floor and Wall Tiles

 

 
TARIFF COMMISSION

IN THE MATTER OF PETITION FOR
EXTENSION OF THE IMPOSITION OF
SAFEGUARD MEASURE AGAINST THE
IMPORTATION OF Ceramic Floor and Wall Tiles
(AHTN NOS. 6907.90.10, 6908.90. 11 and 6908.90.21)

 

                                                                                    FOR: SAFEGUARD MEASURE
                                                                                              (R.A. No. 8800)
                                                                                             
S.G. INV. NO. 01-2004

 

PHILIPPINE CERAMIC TILE INDUSTRY,
AS REPRESENTED BY CERAMIC TILE
MANUFACTURER’S ASSOCIATION, INC.
                                    Petitioner
x------------------------------------------------------x

 ORDER

             Pursuant to Section 4, Paragraph 2 of Commission Order No. 00-02 (Rules and Regulations to Govern the Conduct of Investigation by the Tariff Commission Pursuant to Republic Act 8800), the following matters were taken up and agreed upon by the parties present during the Preliminary Conference held on July 13, 2004:

SCHEDULE

Action Required

Date

Submission of Non-confidential version of the Petition for Extension by the Petitioner

July 19, 2004

Submission of Preliminary / Supplemental Position Papers/ Documentary Evidences

July 26, 2004

 

Data Verification / Ocular Inspection

July 14 – August 3, 2004

Issuance and Publication of Notice of Public Consultation / Hearing

August 05, 2004

Submission of Final Adjustment Plan

August 09, 2004

Issuance of Commission Staff Report (Public Version)

August 13, 2004

Submission  of Comments on the Staff Report and List of Issues to be Explored in the Consultation

August 16-18, 2004

Public Consultation / Hearing

August 23-24 & 27, 2004

Submission of Amended  / Final Position Papers

September 01, 2004

ENTRY OF APPEARANCE/LIST OF INTERESTED PARTIES

            All interested parties (petitioner / oppositor / other interested parties), regardless of whether they were present at the preliminary conference or not, are enjoined to formally enter their appearance through a Motion filed with the Commission indicating their names, addresses and contact numbers including the name, address and contact number of their counsel, if represented by one. Hereafter, notices shall be served only to those who manifested their interest through the filing of said Motion.  The Commission should likewise be informed immediately of any changes in the company leadership and/or representing counsel.           

            The parties are required to inform the Commission of their alternate and/or collaborating counsels aside from their Counsels of Record to avoid delays in the conduct of the public consultation 

SUFFICIENT NOTICE

            A notice to the counsel representing a party is considered notice to the latter.

            Parties shall be notified either by fax, e-mail, personal delivery or by mail.

ACCESSIBILITY OF DOCUMENTS

            Documents submitted to the Department of Trade and Industry (DTI) that are not marked confidential and those similarly unmarked to be submitted to the Commission as the investigation progresses will form part of the public file. Two (2) copies of said documents will be made available, one for the petitioner or those in support of the application and the other for the oppositor of the application.

            Documents from the public file may be reproduced at cost at the Tariff Commission upon request by interested parties from any member of the technical staff of the Commission.

            In cases where voluminous documents are submitted to the Commission, the requirement of service to the parties is waived as long as the submitting party files a Motion to Admit/Deposit with the Commission the said voluminous documents together with their consent to make the same available for review, examination and/or reproduction by the other parties.

CONFIDENTIALITY OF DOCUMENTS

            Parties which submit documents marked confidential should provide a public version of the same. The Commission, however, reserves the right to declassify certain documents as non-confidential. All documents and evidence submitted to the Commission not marked as confidential will be made available in the public file.

SUBMISSION OF POSITION PAPER/S

            Interested parties are given until July 26, 2004 to submit their respective position papers, affidavits of witnesses, all documentary evidence and other information in support of their position. These submissions are deemed preliminary or supplementary for purposes of the Commission’s investigation.

Copies of these submissions should be served to the other parties.

ADDITIONAL DATA

            The Commission, in the course of the investigation, may request additional data from all parties which are to be verified by the investigating team. Ocular inspection and/or plant visits will also be conducted.

ADJUSTMENT PLAN

            The adjustment plan to be submitted by the petitioner for safeguard measure shall provide a clear quantification of its proposed goals and detail the efforts that the domestic industry and other concerned parties will make to place the domestic industry in a more competitive position.

PUBLIC CONSULTATION

            Public consultation shall be on August 23, 24 and 27, 2004. Once commenced, the public consultation shall continue as scheduled with morning and afternoon sessions if necessary.

All parties are required to be present on the first day of the public consultation. 

            SO ORDERED.

Quezon City, July 14, 2004.

 

                                                                                         EDGARDO B. ABON
                                                                                                 Chairman

 

NOTICE OF PUBLIC CONSULTATION

 

NOTICE OF PUBLIC CONSULTATION

             Pursuant to Section 402 of the Tariff and Customs Code of the Philippines, as amended, the Tariff Commission will conduct a public consultation on various issues in the ongoing negotiations on trade in goods between the Philippines and Japan under the Japan – Philippines Economic Partnership Agreement (JPEPA).  The public consultation will be held on 16 July 2004, 9:00 a.m., at the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

             The consultation will cover the following products:

HS Chapter

Product Coverage

 1 – 24

Agricultural Products

25 – 40

Chemicals and Chemical Products

41 – 64

Raw Hides, Leather, Leather Goods, Etc.; Wood and Wood Products, Etc.; Pulp, Paper and Paper Products; Textiles and Articles Thereof; Footwear

65 – 83

Base Metals and Non-Metals

84 – 97

Machinery, Transport Equipment and Miscellaneous Manufactured Articles

            Interested parties will have the opportunity to be heard and to present their positions.  For inquiries, please contact the Information Division at telephone numbers 433-5896 and 433-5898.

            Issued this 8th day of July 2004, Quezon City, Metro Manila.

                                                   EDGARDO B. ABON                                                                     Chairman

 

Published : 09 July 2004
Manila Times
The Manila Standard

NOTICE OF PUBLIC HEARING/ CONSULTATION

 

NOTICE OF PUBLIC HEARING/CONSULTATION

             Pursuant to Sections 401 and 402 of the Tariff and Customs Code of the Philippines, as amended, the Tariff Commission will conduct a public hearing/consultation on tariff modification on products listed below. The public hearing is scheduled on 13 July 2004, 8:30 a.m., at the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

 

HS/AHTN CODE

COVERAGE

27.09

Petroleum oils and oils obtained from bituminous minerals, crude.

27.10

Petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils

27.13

Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals

 

            Interested parties will be given opportunity to be heard and present evidence in support of their positions.  For particulars, please inquire at the Information Division, Tel. Nos. 433-5896 or 433-5898.

 

            Issued this 8th day of July 2004, Quezon City, Metro Manila.

  

          EDGARDO B. ABON

        Chairman

 

 

Published: 09 July 2004
Manila Times  
Manila Standard

 

Notice of FORMAL INVESTIGATION

IN  THE  MATTER  OF   THE PETITION FOR
EXTENSION OF THE IMPOSITION OF
SAFEGUARD  MEASURE  AGAINST  THE
IMPORTATION OF CERAMIC FLOOR AND WALL TILES
(AHTN NOS. 6907.90.10, 6908.90.11 and 6908.90.21)

 

                                                                                                              FOR:   SAFEGUARD MEASURE (R.A. No. 8800)
                                                                                                                         S.G.  INV.  NO
.
01-2004

 

PHILIPPINE CERAMIC TILE INDUSTRY,
AS REPRESENTED BY THE CERAMIC TILE MANUFACTURERS’ ASSOCIATION, INC.                                                                
Petitioner
x-------------------------------------------------------------x

NOTICE OF FORMAL INVESTIGATION

             Pursuant to Section 19 of R. A. 8800, otherwise known as the “Safeguard Measures Act”, notice is hereby given that the petition of the Ceramic Tile Manufacturers’ Association for extension of the safeguard measure against the importation of Ceramic Floor and Wall Tiles (AHTN Nos. 6907.90.10, 6908.90.11 and 6908.90.21) is now under formal investigation by the Tariff Commission. The formal investigation commenced after the Secretary of Trade and Industry endorsed the petition to this office on July 5, 2004.

           A preliminary conference will be held on July 13, 2004 at 2:00 p.m. at the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Building, East Avenue, Diliman, Quezon City. Matters for discussion include the schedule and procedure of public consultation, the nature of administrative and fact-finding proceedings, the non-applicability of the technical rules of procedures under the Rules of Court, the submission of parties’ evidence and position papers, and non-availability of confidential information, the time frame of formal investigation and other related matters necessary for the speedy disposition of the case.

            For particulars, please inquire from the Safeguard Measure Task Force on Ceramic Tiles at Tel. Nos. 926-87-31 or 928-84-19.

            Issued this 6th day of July 2004, Quezon City, Metro Manila.

 

                                                                                                           EMMANUEL A. CRUZ                                                                                                                        Director III

           M.T. - July 5, 2004
              The
Manila Standard - July 5, 2004

 

Notice of Public CONSULTATION

 

REPUBLIC OF THE PHILIPPINES
TARIFF COMMISSION  

NOTICE OF PUBLIC CONSULTATION

Pursuant to Section 402 of the Tariff and Customs Code of the Philippines, as amended, the Tariff Commission will conduct a public consultation on various issues in the ongoing negotiations on market access for non-agricultural products under the Doha Development Agenda of the World Trade Organization (WTO).  The public consultation will be held on 13 July 2004, 9:00 a.m., at the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

 
        Under the WTO, non-agricultural products refer to the following:
 

HS Chapter / Heading

Product Coverage

3

Fish and crustaceans, molluscs and other aquatic invertebrates

05.09

Natural sponges of animal origin

 

15.04

Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified

16.03

Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates

16.04

Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs

16.05

Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved

 

23.01

Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves.

25 – 40

Chemicals and Chemical Products

41 – 64

Leather, Wood, Paper, Textiles and Footwear

65 – 83

Base Metals and Non-Metals

84 – 97

Machinery, Transport Equipment and Miscellaneous Manufactured Articles


           Interested parties will have the opportunity to be heard and to present their positions.  For inquiries, please contact the Information Division at telephone numbers 433-5896 and 433-5898.

       Issued this 29th day of June 2004, Quezon City, Metro Manila.

 

                                                                                                          (Sgd.)  EDGARDO B. ABON
                                                                                                                            Chairman

Manila Times - July 1, 2004
Manila Standard - July 1, 2004

CUSTOMS MEMORANDUM ORDER
NO.
17-2004

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FINANCE
BUREAU OF CUSTOMS

MANILA 1099
 

                                                                                          

CUSTOMS MEMORANDUM ORDER
NO. 17-2004 

SUBJECT : EXTENSION OF DEFINITIVE ANTI-DUMPING DUTIES ON THE IMPORTATION OF SODIUM TRIPOLYPHOSPHATE
                  (STPP)
_____________________________________________________________________________________________________

         Pursuant to the attached 1st Indorsement, dated 07 June 2004, signed by Undersecretary Ma. Gracia Pulido-Tan, Department of Finance, relative to the within letter dated 04 May 2004 and attached Order dated 14 April 2004 of Secretary Cesar V. Purisima,Department of Trade and Industry, this Office directs the implementation of said DTI Order "extending the imposition of the definitive anti-dumping duties importation of STPP from PROC for a period of (3) years with the corresponding duties provided for the following exporters:

 
EXPORTERS

ESTIMATED WEIGHTED AVERAGE DUMPING MARGINS
US$/MT

Kunning Import & Export Corporation

70.22

Yunnan Centsun Industry Corporation

33.91

Other Exporters from PROC

70.22


                     This Order shall take effect upon issuance.
                                                                                                                                

                                                                                                                   ANTONIO M. BERNARDO
                                                                                                                                     Commissioner

                                                                                                                               Date Signed
June 11, 2004

                                                                                                                                      
           

Secretary Cesar V. Purisima
              Department of Trade and Industry

            Secretary Juanita D. Amatong
            Usec Ma. Gracia Pulido Tan
              Department of Finance
 

Notice of Public HEARING / CONSULTATION

 

REPUBLIC OF THE PHILIPPINES
TARIFF COMMISSION  

NOTICE OF PUBLIC HEARING /CONSULTATION

Pursuant to Sections 401 and 402 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct a public hearing/consultation on tariff modification on products listed below.  The public hearing is scheduled on 29 June 2004, 9:00 A.M., at the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Building, East Avenue, Diliman, Quezon City.


 

HS/AHTN CODE

COVERAGE

0403.90; 0406.10

Buttermilk; fresh cheese, whey cheese and curd

10.01; 15.11; 2002.90.10

Wheat; palm oil and its fractions; tomato paste

39.01; 3902.30; 3907.60; 3909.50; 39.19; 3920.62; 3920.69; 3920.92; 3923.10

Polymers of ethylene, in primary forms; propylene copolymers; poly (ethylene terephthalate); polyurethanes; self-adhesive sheets and films of plastics; polyethylene terephthalate film; polyester film; nylon film; plastic boxes, cases, crates and similar articles

4804.21

Extensible sack kraft (ESK) paper

64.01 to 64.05

Footwear

7306.40

Stainless steel pipes and tubes with external diameter of 105 mm and below

8415.10; 84.18; 84.50

Air-conditioners, household refrigerators; washing machines

     Interested parties will be given opportunity to be heard and to present evidence in support of their positions.  For particulars, please inquire at the Information Division, Tel. Nos. 433-5896 or 433-5898.

    Issued this 16th day of June 2004, Quezon City, Metro Manila.

 

                                                                                                          (Sgd.)  EDGARDO B. ABON
                                                                                                                            Chairman

Manila Standard - June 18, 2004

NOTICE OF PUBLIC CONSULTATION

REPUBLIC OF THE PHILIPPINES
TARIFF COMMISSION  

NOTICE OF PUBLIC CONSULTATION

                                       Pursuant to Sections 401 and 402 of the Tariff and Customs Code of the Philippines, as amended, the Tariff Commission will conduct a public hearing on products listed below, proposed for inclusion in the duty-free privileges as mandated by Republic Act (R.A.) No. 9281, otherwise known as AN ACT TO STRENGTHEN AGRICULTURE AND FISHERIES MODERNIZATION IN THE PHILIPPINES BY EXTENDING THE EFFECTIVITY OF TAX INCENTIVES AND ITS MANDATED FUNDING SUPPORT, AMENDING FOR THIS PURPOSE SECTIONS 109 AND 112 OF R.A. 8435, otherwise known as THE AGRICULTURE AND FISHERIES MODERNIZATION ACT. The public hearing is scheduled on 29 June 2004, 9:00 A.M., at the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

 

HS/AHTN HEADING

COVERAGE

01.02 to 01.06; 0301.99; 0402.10; 0404.10; 04.07; 05.11

Live animals; milkfish or lapu-lapu fry; milkfish breeder; skim milk, feed grade; whey powder, feed grade; birds’ hatching eggs for breeding; animal products, n.e.s.; dead animals

06.01; 06.02; 0701.10; 07.13; 0801.31; 1005.10; 10.08; 11.01; 12.01; 12.06; 12.07; 12.09

Live plants; seed potatoes; dried peas; lentils; cashew nuts; corn seed; buckwheat, millet; canary seed; wheat flour, feed grade; soya beans; sunflower seeds; cotton seeds; castor oil seeds; other seeds, fruits and spores

1504.10; 1702.11; 1702.30; 23.01; 2303.10; 23.04; 2309.90

Cod liver oil; lactose; dextrose monohydrate/anhydrous; flours, meals and pellets; greaves; residues of starch manufacture & similar residues; oil-cake and other solid residues of soya bean; premixes, feed supplements, feed additives; prawn feeds

25.01; 25.12; 25.19; 2520.20; 25.22; 2801.20; 28.17; 28.20; 2827.60; 2828.10; 28.33; 28.35; 28.36; 2841.61; 2842.90; 2906.13; 2907.29; 29.14; 2915.50; 29.17; 29.18; 29.21; 29.22; 29.24; 2930.40; 29.32; 29.33; 29.35; 29.36; 29.37; 29.41;

Salt; siliceous fossil meals; magnesium oxide; plasters; limestone; iodine; zinc oxide; manganese oxide; potassium iodide; calcium hypochlorite; sulfates; phosphates; carbonates; potassium permanganate; sodium selenite; inositol; butylated hydroxytoluene; vitamin K3; carboxylic acids and their derivatives; taurine; bromhexine HCL; lysine and its derivatives; threonine L; aspartame; niclosamide; methionine; gibberellic acid; heterocyclic compounds with nitrogen heteroatom(s) only; sulphonamides; provitamins and vitamins; hormones and steroids; antibiotics

3002.30; 30.03; 30.04; Chapter 31; 32.03; 3402.12; 3802.10; 38.08; 3824.90; 3905.99; 39.17; 3920.10; 39.23; 39.25; 39.26; 40.10; 40.11; 40.16; 40.17

Vaccines; medicaments; fertilizers; carophyll pink/red; benzalkonium chloride; activated carbon; pesticides; chemical preparations for animals or fish; polyvinyl-pyrrolidone USP; tubes and fittings; polyethylene liner and strips; articles for packing of goods; reservoirs, tanks, etc.; pig and poultry slats; synthetic floats for fishing nets; poultry feeders; transportable grain storage; plastic trays; conveyor belts, of rubber; tires; boat or dock fenders of rubber; articles of hard rubber

48.19; 4823.70; 56.07; 5608.11

Cartons, boxes, etc., of paper; pulp egg trays; twine; other (purse seine nets and accessories)

73.09; 73.12; 73.14; 73.15; 73.16; 73.26; 76.12; 82.01; 82.08

Tanks; cables; endless bands; other woven cloth; anchor chain; parachute anchors; ships' rudders; semen tank; spades, shovels, forks, etc., secateurs, etc., shears (including poultry shears), hedge shears, etc., and other hand tools used in agriculture; knives and cutting blades

84.07; 84.08; 84.09; 84.13; 84.14; 84.18; 84.19; 84.21; 84.22; 84.23; 84.24; 84.25; 84.26; 84.27; 84.28; 84.29; 84.30; 84.31; 84.32; 84.33; 84.34; 84.35; 84.36; 84.37; 84.38; 84.43; 84.44; 84.45; 84.46; 84.47; 84.51; 84.58; 84.61; 84.62; 84.64; 84.65; 84.66; 84.79; 84.81; 84.83; 84.85; 85.01; 85.02; 85.03; 85.04; 85.14 85.15; 85.16; 85.26; 85.39; 85.43; 86.09; 87.01; 87.04; 87.05; 87.08; 87.16; 89.01; 89.02; 89.05; 89.06; 90.14; 90.18; 90.25; 90.26; 90.28; 90.29; 90.31; 94.03; 94.05; 94.06; 95.07

Engines and parts; pumps and parts; refrigerator-freezers; agricultural dryers; filters; cleaning, packing, etc. machines; weighing machines; drip irrigation; winches; cranes; self-propelled trucks; elevators, conveyors and parts; ploughs; disc harrows, etc.; harvesting, threshing and haymaking machinery and parts; milking machines; presses; machinery for preparing animal feeding stuffs; cleaning seed machine; machinery for sugar manufacture; can printers; defibering machines; beaters or turbo cleaners; spinning machines; loom machines; stitching machines; lathes; slotting machines and parts; hydraulic presses; urschel dicer; slitter machine; parts and accessories of machine-tools; preparation of animal or vegetable fats or oils machinery and other machines; valves; gears and wheels; ships' or boats' propellers and blades; motors; generating sets and parts; static converters; furnaces and oven; welding machines; hot plates; radar apparatus; radio navigational aid apparatus; electrical lamps; refrigerated container van; tractors; dumpers; truck mounted feed mixers; boom sprayers; brakes and parts for agricultural tractors; utility carts; other vessels for the transport of goods; floats; light boats and accessories; floats; light boats and accessories; life boats; microscopes; global positioning systems; hydrometers; digital counters; grain moisture meters; other measuring instruments; syringes; insect cabinets; searchlights and other spotlights; greenhouses; fishing rods; fish-hooks

                    Interested parties will be given opportunity to be heard and to present evidence in support of their positions.  For particulars,  please inquire at the Information Division, Telephone Nos. 433-5896 or 433-5898.

                    Issued this 16th day of June 2004, Quezon City, Metro Manila.

                                                                                                                                           (Sgd.)  EDGARDO B. ABON
                                                                                                                                                          Chairman

              Manila Standard - June 18, 2004

 








NOTICE OF INITIATION OF INVESTIGATION ON THE APPLICATION FOR THE IMPOSITION OF ANTI-DUMPING DUTY AGAINST IMPORTATION OF CORRUGATING MEDIUM (WASTE-BASED) (4805.0000) FROM THAILAND (ANTI-DUMPING CASE NO. 01-2002)

 

                                                            DEPARTMENT OF TRADE AND INDUSTRY
                                                                               PHILIPPINES

On 16 December 2002, DTI officially received a properly documented application from the Philippine Industrial Paper Packaging Industry for the initiation of an anti-dumping investigation against the importation of corrugating medium (waste-based) (4805.100) from Thailand.  The protest alleged that corrugating medium is being imported from Thailand at dumped prices and that as a result thereof causes material injury to the domestic industry producing like article in terms of decline sales, production and capacity utilization.

The DTI, acting under Paragraph A of Section 301 of the Tariff and Customs Code as amended by RA 8752 has made an evaluation of the protest and found reasonable grounds to initiate an anti-dumping investigation on corrugating medium from Thailand.  The period of investigation for dumping is for 2001 while the period of investigation for injury is from 1999 to 2001.

The commencement date for the investigation is the day on which this notice of initiation is published in two (2) newspapers of general circulation.

WHEREFORE, in view thereof, any interested parties who may wish to submit their comments and position on the application for the imposition of anti-dumping duty against the importation of corrugating medium from Thailand are requested to direct their representation to the Bureau of Import Services, Department of Trade and Industry, 3rd Flr., OPPEN Building, #349, SEN. Gil Puyat Avenue, Makati City, within thirty (30) days from date of publication of this notice.

23 December 2002.


MAR ROXAS
                                    
                                                                                                       Secretary

(PDI – January 06, 2003)


COMMISSION ORDER NO. 02-01


Rules and Regulations to Govern Conduct of Formal 
Investigation by the Tariff Commission on the Withdrawal
 and/or Suspension of Concessions Under Section 402
of the Tariff and Customs Code of the Philippines




NOTICE OF PUBLIC CONSULTATION

NOTICE OF PUBLIC CONSULTATION

     Pursuant to Section 402 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct a public consultation on the proposed suspension of concessions on various commodities (listed below) under Article 6 of the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area, on 30 January 2003, Thursday at 9:00 A.M., at the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

                                         List of Products for Suspension of Concessions
                                          Under Article 6 of the AFTA-CEPT Agreement

HS CODE

DESCRIPTION

3401.11 00; 3401.19 00; 3401.20 90; 3402.11 10; 3823.70 00 Soap; sulphated fatty alcohols; industrial fatty alcohols
3923.90 00; 3925.30 00; 3926.30 00; 3926.40 00 Other articles for the conveyance or packing of goods; shutters, blinds (including Venetian blinds) and similar articles and parts thereof; fittings for furniture, coachwork or the like; statuettes and ornamental articles
4011.10 00; 4011.20 00 New pneumatic tires, of rubber, of a kind used on motor cars (including station wagons and racing cars) and on buses or lorries
42.02 Trunks, handbags, etc., with outer surface of plastic sheeting or of textile materials
5903.10; 5904.10; 

Textile fabrics impregnated, coated, covered or laminated with PVC; Linoleum

6305.33; 6305.39 Sack and bags, of man-made textile materials
6306.22; 6306.31 Tents and sails, of synthetic fibres

            Interested parties will be given opportunity to be heard and to present evidence in support of their positions. For particulars, please inquire at the Information Division, Tel. Nos. 433-5896 or 929-1964.

            Issued this 20th day of January 2003, Quezon City, Metro Manila.



                                                                                                                 (Sgd) EDGARDO B. ABON
                                                                                                                               Chairman                       

       Philippine Star, 21 January 2003

 

NOTICE OF PUBLIC HEARING/CONSULTATION

 

NOTICE OF PUBLIC HEARING / CONSULTATION NEW

     Pursuant to Sections 401/402 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct a public hearing/consultation on the proposed MFN/CEPT modification of tariff rates on various agricultural and other products, articles listed in Annex "B" of EO 127/AFMA and the proposed suspension of concessions on various commodities under Article 6 of the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area, on 21 January 2003, Tuesday at 9:00 A.M. to 5 P.M., at the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

9:00 A.M. 

HS HEADING

COVERAGE

A. For Increase to 40%:

0703.90; 0704.10; 07.05;

07.06; 07.07; 07.08;

07.09; 07.11; 08.14;

0904.20; 0910.10

Leeks/other alliaceous vegetables; cauliflowers/headed broccoli; lettuce and chicory; carrots, turnips, salad beetroot, salsify, celeriac, radishes and other similar edible roots; cucumbers and gherkins; peas; beans; celery; fruits of the genus Capsicum/ Pimenta; spinach; vegetables, provisionally preserved; peel of citrus fruits or melons; ginger.

B. AFMA Products For Tariff Reduction to Zero Duty:

01.02; 01.03; 01.04; 01.05; 01.06; 0301.99; 04.07; 05.11; 06.01; 06.02; 0701.10; 0713.40; 0801.31; 1005.10;

10.08; 12.06; 1207.20; 1207.30; 12.09; 23.01;

2303.10; 23.04; 2309.90; 

3002.30; Chapter 31; 38.08; 3824.90; 3926.90;

4823.70; 5608.11 00;

7612.90 90; 8208.40; 84.07; 84.08; 8419.31; 84.24; 84.32 84.33; 84.34; 84.36; 84.37; 84.38; 8479.89 90; 
8481.80 30; 8701.10; 8716.20; 8901.30; 
8902.00 10; 9406.00 10

Breeding animals; sheep; milkfish or lapu-lapu fry; milkfish breeder; birds' eggs; bovine semen; products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of Chapter 3; bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant/in growth/in flower; chicory plants and roots; other live plants (including their roots), cuttings/slips; mushroom spawn; seed potatoes; lentils; cashew nuts in shell; corn seed; buckwheat; millet; canary seed; sunflower/cotton/castor oil seeds; seeds/fruits/spores, for sowing; flours, meals and pellets, of meat/meat offal of fish/crustaceans/ mollusks/other aquatic invertebrates unfit for human consumption; greaves; residues of starch manufacture/similar residues;  oil-cake/other solid residues of soyabean oil; feed additives/premixes; feed supplements; prawn feeds; vaccines for veterinary medicine; fertilizers; herbicides, anti-sprouting products/plant regulators; fruit ripening retardant and chemical preparations for the general well-being of animals or fish; synthetic floats for fishing nets; poultry feeders; transportable grain storage; pulp egg trays; purse seine nets and accessories; MVE cryogenic aluminum storage tank (semen tank); knives and cutting blades for agricultural, horticultural or forestry machines; gasoline/ diesel or semi-diesel engines; dryers for agricultural products including grain silos; drip irrigation systems; agricultural sprayers; parts of the goods of subheading Nos. 8424.8110; agricultural/ horticultural/ forestry machinery & parts thereof; harvesting/threshing machinery & parts thereof; milking/ dairy machines & parts thereof; machinery for sugar manufacture; machinery for processing of fish, crustaceans and mollusks; automatic fish feeder; paddlewheel/ circular aerators; hog nipple waterer; components, parts and/or accessories for assembly of pedestrian controlled tractors; pedestrian controlled tractors other than those of subheading No. 8701.10 10; trailers and semi-trailers for agricultural purposes; refrigerated vessels, other than those of subheading No. 8901.20 00; fishing vessels 40 GT and above; catcher boats; fish carriers, etc.; green-houses equipped with mechanical or thermal equipment

1:30 P.M. 

C. Other 401/402 Petitions

0701.90

Potatoes, fresh or chilled

3403.19 00

Mould release agent

4823.90 90; 5402.49 00; 56.03

Release paper.; spandex yarn; nonwovens

7303.00 00; 7307.11 00

Tubes and pipes of cast iron; tube or pipe fittings of non-malleable cast iron

8536.50; 8708.29 90; 8708.94

Door switch assy for refrigerators; airbag sub-assy; steering wheel with airbag

8711. 90 10

Parts for assembly of motorcycles by participants in the Motorcycles Development Program under the AFTA-CEPT rate.

D. List of Products for Suspension of Concessions Under Article 6 of the AFTA-CEPT Agreement

1108.14; 15.11; 15.20; 16.02

Cassava starch; palm oil; crude glycerol; poultry products

2807.00 00; 2833.22 10; 2835.31 00; 2835.39 10; 2905.17 00; 29.05.45 00; 2915.90 10; 3402.11 20;

Sulphuric acid; aluminium sulfate; STPP; TSPP; lauryl alcohol; glycerol; lauric acid; sulphonated alkylbenzene

3904.10 00, 3904.21 00; 3904.22 00; 3920.51 00

PVC not mixed with any other substances other than suspension, other PVC in primary forms; polymethyl methacrylate plates/sheets

6306.12 00

Tarpaulins, awnings and sunblinds, of synthetic fibres

70.03; 70.05; 70.09; 8507.10; 8507.20; 8528.12

Glass and glass products; electric accumulators; coloured television

     Interested parties will be given opportunity to be heard and to present evidence in support of their positions. For particulars, please inquire at the Information Division, Tel. Nos. 433-5896 or 929-1964.

     Issued this 7th day of January 2003, Quezon City, Metro Manila.

              (Sgd.) EDGARDO B. ABON
                           
Chairman

______ 
Philippine Star, 08 January 2003
Manila Times, 08 January 2003


NOTICE OF PUBLIC HEARING/CONSULTATION
                                               NOTICE OF PUBLIC HEARING / CONSULTATION

             Pursuant to Sections 401/402 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct a public hearing/consultation on the proposed increase of tariff rates to 40% on agricultural products listed below on 20 December 2002, Friday at 9:00 a.m. at the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

HS HEADING

COVERAGE

0703.90 00

Leeks and other alliaceous vegetables

0704.10 00

Cauliflowers and headed broccoli

07.05

Lettuce and chicory

07.06

Carrots, turnips, salad beetroot, salsify, celeriac, radishes and other similar edible roots

0707.00 00

Cucumbers and gherkins, fresh or chilled

0708.10 00

Peas

0708.20 00

Beans (Vigna spp., Phaseolus spp.)

0709.40 00

Celery other than celeriac

0709.60 00

Fruits of the genus Capsicum or of the genus Pimenta, fresh or chilled

0709.70 00

Spinach, New Zealand spinach and orache spinach

0711.10 00

Onions, provisionally preserved

0711.40 00

Cucumbers and gherkins, provisionally preserved

0711.90 00

Other vegetables; mixtures of vegetables, provisionally preserved

0814.00 00

Peel of citrus fruits or melons

0904.20 00

Fruits of the genus Capsicum or of the genus Pimenta, dried or crushed or ground

0910.10 00

Ginger

             Interested parties will be given opportunity to be heard and to present evidence in support of their positions.  For particulars, please inquire at the Information Division, Tel. Nos. 433-5896 or 433-5898.

             Issued this 16th day of December 2002, Quezon City, Metro Manila

                                                                        (Sgd.) EDGARDO B. ABON
                                                                                                                            Chairman
                                                                                                                       

MT - Dec. 17, 2002



NOTICE OF PUBLIC HEARING/CONSULTATION


NOTICE OF PUBLIC HEARING/CONSULTATION

         Pursuant to Section 401/402 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct a public hearing/consultation in response to the petition of the Department of Energy in line with the Natural Gas Vehicle Program and the Cancer Warrior Foundation of the Philippines for reduction of tariff rates on various articles listed below on 29 November 2002, Friday at 9:00 a.m. at the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

HS HEADING

COVERAGE
3004.90 10 Imatinib mesilate

39.23; 70.20; 73.11; 76.13

Containers for compressed natural gases

84.07

Spark-ignition reciprocating or rotary internal combustion piston engines
84.14 Gas refueling stations, gas compressors and parts thereof
84.21 Intake air filters for internal combustion engines

84.81

Check valves

87.02

Completely-knocked-down (CKD) motor vehicles for the transport of ten or more persons, including the driver equipped with engines fueled by compressed natural gases
90.26 Pressure gauges for motor vehicles
90.28 Gas meters
90.32 Manostats

          Interested parties will be given opportunity to be heard and to present evidence in support of their positions. For particulars, please inquire at the Information Division, Tel. Nos. 433-5896 or 433-5898.

         Issued this 25th day of November 2002, Quezon City, Metro Manila.

                                                                                   (Sgd.) EDGARDO B. ABON
                                                                   

 P.S. November 26, 2002


NOTICE OF PUBLIC HEARING


NOTICE OF PUBLIC CONSULTATION

            Pursuant to Section 402 of the Tariff and Customs Code of the Philippines, the Tariff Commission will conduct a consultation on 15 November 2002 at 2:00 p.m. at the Tariff Commission Conference Room, 5/F Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

            The consultation will cover the proposed suspension of concessions on petrochemical products under Article 6 of the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area and the Protocol Regarding the Implementation of the CEPT Scheme Temporary Exclusion List.  

List of Petrochemical Products to be Covered by the AFTA-CEPT Protocol

HS CODE DESCRIPTION
5607.41; 5607.49 Twine, cordage, etc. of polyethylene or polypropylene

List of Petrochemical Products to be Covered by Article 6 of the AFTA CEPT Agreement

HS CODE DESCRIPTION
4202.12 00 Trunks, etc. with outer surface of plastics or of textile materials
4202.22 00 Handbags, with outer surface of plastics sheeting or of textile materials
4202.32 00 Articles of a kind normally carried in the pocket or in the handbag, with outer surface of plastic sheeting or of textile materials
4902.92 00 Other trunks, etc. with outer surface of plastic sheeting or of textile materials
5903.10 00 Textile fabrics impregnated, coated, covered or laminated with plastics, with polyvinyl chloride
5904.10 00 Linoleum, whether or not cut to shape
6306.12 00 Tarpaulins, awnings and sunblinds, of synthetic fibres
6306.22 00 Tents, of synthetic fibres
6306.31 00 Sails, of synthetic fibres
9615.11 00 Combs, hair-slides and the like, of hard rubber of plastics

             Interested parties will be given the opportunity to be heard and to present evidence to support their respective positions. For particulars, please contact the Information Division at Tel. Nos. 433-5898 and 433-5896.

            Issued this 8th day of November 2002, Quezon City, Metro Manila.

 

                                                                           (Sgd.) REMEDIOS G. NAZARETH  
                                                                      
                 Commissioner
                                                                                     Officer-in-Charge

P.S. Nov. 10, 2002


NOTICE OF PUBLIC HEARING
                                                                        NOTICE oF PUBLIC HEARING

        Pursuant to Section 401 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct a public hearing on the proposed maintenance of the 2002 tariff rates in 2003 on certain articles covered under Chapters 1 to 97.

        Venue of public hearing will be the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City on 15 November 2002 at 9:00 A.M. 

        Interested parties will be given opportunity to be heard and to present evidence in support of their positions.

        The list of products is available at the Information Division for reference at Tel. Nos. 433-5898 or 929-1964.

        Issued this 30th day of October 2002, Quezon City, Metro Manila.



                                                                                                    (Sgd.)  REMEDIOS G. NAZARETH
                                                                                                                  
Commissioner
                                                                                   Officer-in-Charge


P.S. Nov. 6, 2002
page B-10


NOTICE OF PUBLIC HEARING
                                                                         Notice of Public Hearing

        Pursuant to Section 401 of the Tariff and Customs Code of the Philippines, as amended, the Tariff Commission will conduct a public hearing on 27 September 2002 at 9:00 A.M. at the Tariff Commission Conference Room, 5/F Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

        In this regard, we wish to inform the public that the following products were inadvertently omitted from the Notice of Public Hearing first published by this Office:

HDG. NO. / HS CODE DESCRIPTION
1.  17.01 Cane or beet sugar and chemically pure sucrose, in solid form
2.  8504.31; 8504.32 Transformers
3.  8505.90 00 Purity magnet
4.  8537.10 00 Control board
5.  8539.29 00 Room lamp
6.  8543.89 90 Remote control

      They will therefore be covered by the above-mentioned public hearing.

       Interested parties will be given the opportunity to be heard and to present evidence to support their respective position.

       The list of products is available at the Information Division for reproduction at Tel. Nos. 9291964, 9252401 loc. 3502 and 3506.

        Issued this 23rd day of September 2002, Quezon City, Metro Manila.


                                                                                                                               (Sgd.)  EDGARDO B. ABON
                                                                                                                                              Chairman

MT-Sept. 24, 2002



NOTICE OF PUBLIC HEARING

                                                           NOTICE OF PUBLIC HEARING

          Pursuant to Sections 401 and 402 of the Tariff and Customs Code of the Philippines, as amended, the Tariff Commission will conduct a public hearing/consultation on 27 September 2002 at 9:00 a.m. at the Tariff Commission Conference Room, 5/F Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

          The public hearing will cover the following petitions:

I. Increase in the final bound tariff on sugar under HS heading 17.01 from 50% to 80% under Article XXVIII of the GATT-WTO Agreement;

II. Suspension of concessions on petrochemical resins and products under Article VI of the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area and the Protocol Regarding the Implementation of the CEPT Scheme Temporary Exclusion List:

List of Petrochemical Products (PE, PP, PS and PVC Based) to be Covered by the AFTA-CEPT Protocol

HS CODE

DESCRIPTION

3901.10 00
3901.20 00

Polyethylene having a specific gravity of less than 0.94
Polyethylene having a specific gravity of 0.94 or more

3902.10 00

Polypropylene

3903.11 00
3903.19 00

Expansible Polystyrene
Other Polystyrene

3904.10 00

Polyvinyl chloride, not mixed with any other substances

3918.10 00

Floor coverings, etc., of polymers of vinyl chloride

3920.41 00

Plates, sheets, etc., of rigid polymers of vinyl chloride

3920.42 00 Plates, sheets, etc., of flexible polymers of vinyl chloride

3923.30 00

Carboys, bottles, flasks, and similar articles

List of Petrochemical Products (PE, PP,PS and PVC Based) to be Covered by Article VI of the AFTA-CEPT Agreement

HS CODE

DESCRIPTION

3904.21 00
3904.22 00
3904.30 00

Non-plasticised polyvinyl chloride

39.16

Monofilament of which any cross-sectional dimension exceeds 1 mm, rods, sticks and profile shapes, whether or not surface-worked but not otherwise
worked, of plastics.

39.17

Tubes, pipes and hoses, and fittings therefor (for example, joints, elbows, flanges), of plastics.

3918.90 00

Floor coverings, etc. of other plastics

39.19

Self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls.

3920.10 00;
3920.20 00;
3920.30 00

Plates, sheets, etc. of polymers of ethylene;
Plates, sheets, etc. of polymers of propylene;
Plates, sheets, etc. of polymers of styrene;

39.21

Other plate, sheets, film, foil and strip of plastics.

39.22

Baths, shower-baths, wash-basins, bidets, lavatory pans, seats and covers, flushing cisterns and similar sanitary ware, of plastics;

39.23

Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics.

39.24

Tableware, kitchenware, other household articles and toilet articles, of plastics

39.25

Builders’ ware of plastics not elsewhere specified of included.

3926.10 00
3926.20 00
3926.30 00
3926.40 00
3926.90 90

Office or school supplies
Articles of apparel and clothing accessories
(including gloves)
Fittings for furniture, coachwork or the like
Statuettes and other ornamental articles
Other articles of plastics

7607.20 10;
7607.20 90
Aluminum foil backed with printed paper and laminated with plastics on both sides and used for packaging liquid food products; other aluminum foil

III. Modification of MFN tariffs on various products (Sec. 401):

HS CODE

DESCRIPTION

1002.00 00

Rye

1004.00 00

Oats

1102.10; 1102.20

Rye and maize (corn) flour

1103.11; 1103.12; 1103.13

Groats and meal of wheat, oats, maize (corn)

1103.21 00

Pellets of wheat

1104.11 00; 1104.12 00

Rolled or flaked grains of barley and oats

1104.21; 1104.22; 1104.23

Other worked grains of barley, oats and maize (corn)

1108.11 00

Wheat starch

2710.00 40

Lubricating oils, including lubricating oil base stock

2710.00 90

Other oils and preparations

2803.00 90

Other carbon black and forms of carbon

2821.10 00

Iron oxides and hydroxides

3204.17 00

Pigments and preparations based thereon

3206.19 00

Other pigments and preparations based thereon

3206.43 00

Pigments and preparations based on hexacyanoferrates (ferrocyanides and ferricyanides)

3206.49 00

Other colouring matter and other preparations

3214.10 00

Glazier’s putty, grafting putty, resin cements, caulking compounds and other mastics; painters’ fillings

3214.90 00

Other mastics

3215.11 90

Other printing ink

3824.90 00

Other (gumbase)

3907.20 00

Other polyethers

4008.21 00

Plates, sheets and strip, of non-cellular rubber

4016.99 10

Vulcanized rubber other than hard rubber used in machinery or mechanical or electrical appliances or for other technical uses

4016.99 90

Other vulcanized rubber other than hard rubber

4823.11 90

Self-adhesive paper

5407.51 00

Woven fabrics, containing 85% or more by weight of textured polyester filament, unbleached or bleached

5911.90

Textile packing and gaskets

6812.70 00

Compressed asbestos fibre jointing, in sheets or rolls

6812.90 00

Other articles of asbestos and mixtures, thereof

7113.20 90 Other articles of jewellery of base metal clad with precious metal
7326.19 00 Other forged or stamped articles of iron or steel
8305.10 00 Double Loop Wire
8308.10 00 Eyelet
8415.90 00 Parts of pumps used to cover/protect the fuse
8421.21 00 For filtering or purifying water
8536.50 90 Door switch assembly
8543.89 90 Other machines and apparatus not included in subheadings 8543.89 10 and 8543.89 20
9404.90 00 Other articles of bedding and similar furnishing other than mattresses and sleeping bags
9405.40 90 Room lamp

            Interested parties will be given the opportunity to be heard and to present evidence to support their respective positions.

            The list of products is available at the Information Division for reproduction at Tel. Nos. 433-5898 and 929-1964.

          Issued this 20th day of September 2002, Quezon City, Metro Manila.

                                                                                                          (Sgd.) EDGARDO R. MARALIT
                                                                                                                     Director III
                                                                                        Research and Investigation Department

P.S. 22 Sept. 2002, p. B-9

 



NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING

          The Tariff Commission will conduct public hearing/consultation pursuant to Sections 401 and 402 of the Tariff and Customs Code of the Philippines (TCCP), as amended, on 25 September 2002 at 9:00 a.m. on the adoption of the ASEAN Harmonized Tariff Nomenclature (AHTN) consisting of approximately ten thousand eight hundred (10,800) lines to form part of Section 104 of the TCCP.  Venue of the consultation is the Tariff Commission Conference Room, 5F Philippine Heart Center Building, East Avenue, Quezon City.

          All interested parties will be given opportunity to be heard and to present views/comments on pertinent areas of concern.   For particulars, please inquire at the Information Division, Tel. Nos. 433-5896 or 433-5898.

          Issued this 18th day of September 2002, Quezon City, Metro Manila.


                                                                                                                              (Sgd.) EDGARDO B. ABON
                                                                                                                                              Chairman


P.S. Sept. 19, 2002



PRESS RELEASE

PRESS RELEASE

          The Tariff Commission is accepting petitions for tariff modification under Sections 401 and 402 of the Tariff and Customs Code of the Philippines, as amended, for products that were not subject of the public hearings conducted by the Commission last 25 June and 23 August.

          The public hearing for these new petitions is tentatively scheduled for 27 September 2002.  Interested parties are requested to submit their petitions (together with duly accomplished TC Form 3 and financial statements from 1998 - 2001) to the Tariff Commission not later than 13 September 2002.




TOYOTA MOTOR CONSULTATION




NOTICE OF CONSULTATION

            The  Tariff  Commission will conduct a consultation pursuant to Section 402 of the Tariff and Customs Code, as amended, on 13 September 2002 at 9:00 A.M. on the application of TOYOTA MOTOR PHILIPPINES CORPORATION for the inclusion of certain parts and components of Toyota Utility Vehicles, and Camry and Corolla passenger cars imported from Malaysia and Thailand, respectively, under the ASEAN Industrial Cooperation (AICO) Scheme. Venue of the consultation is the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Bldg., East Avenue, Diliman, Quezon City.

             All interested parties will be given the opportunity to be heard and submit evidence in support of their positions regarding the grant of the preferential tariff rates of 0% - 5% to the subject products on or before the consultation.

             The product coverage of said consultation is shown below:

 

 

      DESCRIPTION OF GOODS

APPLIED FINAL PRODUCT

2002 RATE OF DUTY ( % )

8702.90 10

 

 

Components, parts and/or accessories imported from one or more countries for assembly of vehicles by participants in the commercial vehicle development program.

 

3

 8703. 90 10

Components, parts and/ or accessories imported from one or more countries for assembly of motor vehicles by participants in the motor vehicle development program

 Toyota   Camry and Corolla  Passenger Cars

 10

                Issued this 4th day of  September 2002 in Quezon City, Metro Manila

                                                                                                                   EDGARDO B. ABON
                                                                                                                

 

AICO Consultation

 

NOTICE OF CONSULTATION

     The Tariff Commission will conduct consultation pursuant to Section 402 of the Tariff and Customs Code, as amended, on 29 August 2002 at 9:00 A.M. on the application of HONDA CARS PHILIPPINES, INC. for the inclusion of certain products from Thailand, Indonesia and Malaysia under the ASEAN Industrial Cooperation (AICO) Scheme. Venue of the consultation is the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Bldg., East Avenue, Diliman, Quezon city.

     All interested parties will be given the opportunity to be heard and submit evidence in support of their positions regarding the grant of the preferential tariff rates 0 - 5% to the subject products on or before the consultation.

     The product coverage of said consultation is shown below:

HS HDG. NO. DESCRIPTION OF GOODS APPLIED FINAL PRODUCT 2002
RATE OF DUTY (%)

8702.90 10

Components, parts and/or accessories imported from one or more countries for assembly of vehicles by participants in the commercial vehicle development program

Honda CR-V-2
Commercial 
Vehicle

3

8703.90 10

Components, parts and/or accessories imported from one or more countries for assembly of motor vehicles by participants in the motor vehicle development program

Honda Civic 
Passenger 
Car

10

     Issued this 23rd day of August 2002 in Quezon City, Metro Manila.

(Sgd.) EDGARDO B. ABON
Chairman

Published : Phil. Star -  Aug. 25, 2002
                 Manila Times

 

Notice of Public Hearing 

 

NOTICE OF PUBLIC HEARING

            Pursuant to Sections 401 and 402 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct public hearing/consultation on 23 August 2002 starting 9:00 a.m. at the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City, on the following: a) products requested for tariff modification by domestic industries; b) request of the Palm Oil Growers Association to increase the CEPT rate on palm oil from 10% to 15% until 2003; c) AIJV products requested by Nestle to be reduced to zero under the CEPT; d) CEPT  products proposed for reduction to zero in 2003 to comply with the 60% target as decided by the ASEAN Economic Ministers (AEM); e) products requested by Cambodia, Myanmar and Vietnam under the Asian Integrated System of Preferences (AISP); and f) Information and Communication Technology (ICT) products for zero duty in 2003 under the e-ASEAN Framework.

HS HEADING/CHAPTER
DESCRIPTION

 

 

I) SECTION 401  -  9:00 a.m

 

 

 

0404.10 00; 1518.00 00

Whey;  Epoxidised soya bean oil

 

 

2507.00 00; 2711.13 00; 2816.10 00; 2817.00 00; 2833.40 00

Kaolin and other kaolinic clays; Petroleum gas-butanes; Magnesium hydroxide; Zinc oxide; Ammonium/Sodium persulfate

2836.50 00; 2905.31 00; 2912.60 00; 2915.24 00; 2915.60 00; 2915.70 10; 2916.12 00; 2916.13 00; 2917.35 00; 2921.42 00

Calcium carbonate;  Monoethylene glycol;  Paraformaldehyde; Acetic anhydride; Ester of butyric acid; Zinc stearate; Esters of acrylic acid; Methacrylic acid; Phthalic anhydride; Dimethylphenylaniline

Chapter 31

Fertilizers

32.06; 3209.90; 32.11

Pigments and preparations; Paints and varnishes; Prepared driers

33.07; 3401.19/20

Personal care products in aerosol cans; soap

3601.00 00; 3604.90 00; 3605.00 00; 38.08; 3815.11 00; 3907.30 90; 3907.91 00; 3907.99; 3912.39 00;  4009.50 90

Propellent powder; Signalling flares; Safety matches; Pesticides in aerosol cans; Catalyst; Other epoxide resins; Polyester resin; Hydroxyethyl cellulose;  Other tubes, pipes and hoses (for example, joints, elbows, flanges)

4407.10; 47.07; 4901.99

Coniferous wood sawn or chipped lengthwise, etc.;  Waste and scrap paper; Books and manuals

6002.30 10; 61.13; 6114.30; 61.16; 6307.20; 6307.90 90; 6402.91

Swimwear fabric containing by weight 80% synthetic yarn and 20% elastic yarn; Wetsuits; Diving suits; Gloves; Life jackets and life-belts; Life harness; Diving booties

6812.50; 70.01

Clothing, clothing accessories, footwear and headgear, of asbestos; Glass

7214.99; 7215.90; 7225.11; 7304.21; 7306.30; 7306.40; 7306.50; 7308.90; 7311.00; 7315.19; 7315.81; 7315.82; 7315.89; 7315.90; 7316.00; 7326.90; 7419.99; 7603.20; 7613.00; 7806.00; 8211.92; 8211.93

Steel bars; Grain-oriented flat-rolled products, of silicon-electrical steel; Seamless steel tubes; Boiler tubes, of steel; Steel rails for ships; Scuba air tanks, of steel; Parts of articulated link steel chain; Other steel chain and parts thereof; Anchors, grapnels and parts thereof, of iron or steel; Ships’ rudders, of steel; Copper anodes; Aluminium powders of lamellar structure and aluminium flakes; Scuba air tanks, of aluminium; Lead weights; Diving knives, of base metal

84.02; 8408.10; 8414.90; 8415.90; 84.17; 84.21; 84.24; 84.33; 84.81; 84.82; 84.84; 8485.10; 8513.10 90; 8518.50; 85.24; 85.26; 85.27; 8531.00; 8531.80.90; 8536.20.90; 8537.10; 8539.90 10; 8901.10 90; 8901.20; 8901.90; 89.06; 8907.10

Boilers and parts thereof; Marine propulsion engines; Parts of compressors or air conditioning machines; Incinerators and parts; Filters; Spraying or blasting machines and similar equipment; Mowers; Valves; Roller bearings; Gaskets; Ships’ boats’ propellers and blades; Underwater flashlights; Sound amplifiers; Recorded magnetic tapes; Radar; Radio telephony reception apparatus; Electric sound or visual signaling apparatus; Circuit breakers; Switchboards not exceeding 1000V; Aluminum end caps and screw caps; Cruise ships and boats less than 500 GT; Tankers; Other vessels for the transport of goods and passengers; Lifeboats; Inflatable rafts

9004.90; 9006.30; 9006.91; 9014.10; 9014.80/90; 9015.80; 90.19; 90.20; 9023.00; 90.25; 9031.80; 9102.00; 9102.91; 9104.00; 91.05; 94.02;  9303.90; 9504.90 10; 9506.39

 Goggles; Camera and parts thereof; Direction finding compasses; Navigational instruments and parts thereof; Anemometers and hydrographic instruments; Massage apparatus; Breathing appliances and gas mask; Instrument , apparatus and models, designed for demonstrational purposes; Thermometers; Clinometers; Clocks and watches; Massage beds, chairs, and tables;  Line throwing guns; Bowling requisites; Golf equipment

II) SECTION 402  - 1:30 p.m.

 

a) PALM OIL

 

1511.10 00; 1511.90 00

Crude and refined palm oil

b) AIJV

 

1806. 90 90; 1901.90 10; 1904.10 00; 1905.30 00; 2103.10 00; 2104.10 00; 2106.90 30

Chocolate dragees; Soya based beverage; Breakfast cereal; Chocolate wafer; Soya sauce powder; Bouillon; Non-dairy creamer

c) CEPT, AISP & ICT PRODUCTS

 

1-24

Agriculture and food products

25-40

Chemicals and chemical products

41-49

Raw hides and skins, leather, wood, cork, paper and paper board, and articles thereof; printed books and other products of the printing industry

50-64

Textiles and other made up textile articles; footwear

65-71

Headgear and parts thereof; parts of umbrellas, walking-sticks, seat-sticks, whips, riding-crops and the like; human and animal hair; articles of stone, plaster, asbestos, mica or similar materials; ceramic products; glass and glassware; precious and semi-precious stones; precious metals, metals clad with precious metals and articles thereof, imitation jewellery

72-83

Base metals and articles of base metal

84-97

Machinery, electrical and transport equipment etc.

            Interested parties will be given opportunity to be heard and to present evidence in support of their positions.  For particulars, please inquire at the Research and Investigation Department, Tel. Nos. 926-8731; 928-8419 or 926-7476.  
           
The list of products is available at the Information Division for reproduction.
 
           
Issued this 14th day of August 2002, Quezon City, Metro Manila.

                                                                                          (Sgd.) EDGARDO B. ABON 
                                                                                           Chairman 

MT-Aug.15,2002  
P.S.

 


Court of Tax Appeals (CTA) Case No. 6325

                                                           Republic of the Philippines
                                                               Court of Tax Appeals
                                                                     Quezon City

IN THE MATTER OF PROTEST AGAINST THE
IMPORTATION OF TERRY TOWELLING
PRODUCTS AND 6302.91 00 FROM THE
PEOPLE'S REPUBLIC OF CHINA & HONGKONG

ASIA COTTON MANUFACTURING CO. INC.,
                                          Petitioner,

              - versus -                                                             C.T.A. CASE NO. 6325


TARIFF COMMISSION AND DEPARTMENT
OF TRADE AND INDUSTRY, 
                                          Respondents.                                   Promulgated:
                                                                                                 July 03, 2002
--------------------------------------------------------------------------------------x

              Submitted for resolution is a Motion to Dismiss filed by public respondents Tariff Commission and Department of Trade and Industry (DT) on the ground that the appeal brought by the petitioner is premature for its failure to await the resolution of the DTI on the appeal from the Order of respondent Commission dismissing the request for expiry  review of the 1996 Anti-Dumping Decision in Case No. 11-96.

              It is the contention of the respondents that the appeal brought by the petitioner on 26 July 2001 before this Honorable Court is premature as it violates the doctrine of “Exhaustion of Administrative remedies.”  Consequently, the instant petition should be dismissed on the ground of lack of cause of action.

              Petitioner counters that although there is no dispute that under the doctrine of “exhaustion of administrative remedies”’ an administrative decision, such as the one before Us, must first be appealed to the administrative superiors up to the highest level before it may be elevated to a court of justice for review, the same is not absolute.  Petitioner further argues that there is no law, rule or regulation requiring or mandating appeal to the Secretary of DTI from the Order of the respondent Commission dismissing petitioner’s request of expiry review of the subject 1996 Anti-Dumping Decision in Case No. 11-96.

              After considering the attending facts, evidence, laws and \jurisprudence applicable in this case,  We find the petitioner’s arguments bereft  of merit.  Accordingly, We dismiss the instant petition.

              Contrary to petitioner’s contentions that nowhere in Republic Act No. 8752  (The Anti-Dumping Act of 1999) and in the Implementing Rules and Regulations Governing the Imposition of an Anti-Dumping Duty under Republic Act 8752, would one find a statement requiring appeal or resort to the respondent DTI from the adverse final order of the respondent Tariff Commission, the said requisite in fact is implied and is an ever present principle governing the implementation of the said Act.  Significant to this matter is Section 301 (o) of R.A. 8752, to wit:

    “However, the need for the continued imposition of anti- dumping duty may be reviewed by the Commission when warranted motu proprio, or upon the direction of the Secretary, taking into consideration the need to protect the existing domestic industry against dumping.

                                                          x x x x x x x x

 

If the Commission determines that the anti-dumping duty is no longer necessary or warranted, the Secretary shall, upon recommendation, issue a department order immediately terminating the imposition of the anti-dumping duty.  All parties concerned shall be notified accordingly of such termination, including the Secretary of Finance and the Commissioner of Customs.”  (Emphasis supplied)

 

The aforequoted provision provides a clear guideline to those tasked to carry out the said law, viz., the Commission is the one that conducts an investigation an subsequently recommends to the Secretary of the concerned Department what it views is the proper action on the issue of imposition of the dumping duty or its extension in the case of an expiry review.

            Needless to say, the Secretary is not expected to merely adopt the recommendation of the Commission.  The Secretary may decide to adopt. Modify or even reverse the said recommendation based on how own evaluation of the Commission’s investigation report.

            Petitioner maintains that the “exhaustion of administrative remedies’’ doctrine is not a hard and fast rule and does not apply where the issue is purely a legal case.  (Salinas, Jr. vs. national Labor Relations Commission. 319 (SCRA 54).  But this is what makes the said requirement of prior resort to superior administrative bodies more important.

            Besides, the matter involves factual issues.  One that requires a comprehensive investigation that would merit either the imposition of dumping duty, its denial or its extension.  And administrative agencies that have the supposed competencies manpower and expertise are admittedly more suited to meet this situation.

           The doctrine does not require merely the initiation of available administrative procedures.  It is one of exhausting them, that is, of pursuing them to their appropriate conclusion (Rivera, Law of Public Administration, 1st Edition, p. 913).  It has been held that a direct action in court without prior exhaustion of administrative remedy is premature warranting its dismissal grounded on lack of cause of action (Republic vs. Sandiganbayan, 225 SCRA 438;  Fernando vs. Sto. Tomas, 234 SCRA 546)

            Likewise, if  indeed petitioner believes that there is no rule or law requiring an appeal be first filed with the DTI, then why did it file one before it in the first place instead of going directly to the CTA?

            The Court desires to stress the principle that “party-litigants must come to Court will clean hands.”  Petitioner cannot be allowed to benefit from its fault, especially  after realizing that its decision to appeal first to the DTI would not be beneficial.  Definitely, the Court would not  allow this ambivalent stand to prosper.

            Clearly from the foregoing, this failure of the petitioner to await the decision of the DTI on its appeal, in spite of the fact that the same is a prerequisite to a subsequent judicial review, is fatal to the instant petition for being premature.

            In addition, the Court would like to set the record that although not assigned as one of the issues or grounds for the Motion to Dismiss, it decided to use as one of the bases for granting the motion to dismiss, its lack of jurisdiction over the case.

            The honorable Supreme Court in the case of  Ace Publications, Inc. vs. The Commissioner of Customs (L-16761, 31 October 1964), held that, “Courts are bound to take notice of the limits of their authority, and they may by their own motion (motu propio), even though the question is not raised by the pleadings,  or not even suggested by counsel, recognize the want of jurisdiction, and act accordingly by staying the pleadings, dismissing the action, or otherwise notice the defect, at any stage of the proceedings.”   The reason for this rule is that the court without jurisdiction cannot render a valid judgment (Zamora v. CA, 183 SCRA 279).

            It must be pointed out that the right to appeal, being a mere statutory right, cannot be simply based on mere implications.  There must be an express grant before the same can be exercised or sought.  And central to the dispute is Section 301(1p) of R.A. No. 8752.  Said provision is hereunder quoted for easy reference:

“(p)  Judicial review. – Any interested party in an anti-dumping who is adversely affected by a final ruling in connection with the imposition of an anti-dumping duty may file with the Court of Tax Appeals, a petition for the review of such ruling within thirty (30) days from his receipt of notice of the final ruling.  Provided, however, That the filing of such petition for review shall not in any way stop, suspend, or otherwise hold the imposition or collection, as the case may be, of anti-dumping duty on the imported product, commodity or article.  The rules of procedure of the court on the petition for review filed with t he Court of Tax Appeals shall be applied.” (Emphasis supplied).

             Prescinding from the above provision, the Court is authorized to receive petitions for review only, when (1) it is filed by an interested party in an anti-dumping investigation;  (2)  who is adversely affected:  (3)  by a final ruling ;  and  (4)  in connection with the imposition of an anti-dumping duty.

            In the case of  National Steel Corp. vs. Tariff Commission, et.  Al..  (CTA Case No. 6140), this Court provided a thorough explanation on the subject.  We held that:

             “The provision of subsection (p) is quite clear.  Thus, only a party who is adversely affected by a final ruling in connection with the imposition of an anti-dumping duty may file a petition for review with the CTA.  Considering that in the case at bar no anti-dumping duty  was imposed, filing a petition for review with the CTA is not proper.  To put it differently, the CTA has no jurisdiction to entertain the same.

               The rationale for defining limit upon the jurisdiction of the (CTA on appeal from decisions is anchored on the recognition by law of the presumed expertise of the investigating/deciding authority in the dumping case.”  (Emphasis supplied).

            Further, the Court  of Appeals, in the case of  Total 2000 Corporation vs. Court of Tax Appeals (CA-G.R. SP No. 42380, 18 February 1997), ruled that the CTA is without jurisdiction if the anti-dumping decision of the Secretary of Finance does not impose any dumping duty.

            In the case at bar, no dumping duty has been imposed in the decision sought to be reviewed in the instant case, i.e., the Order  denying petitioner’s request for expiry  review.  In fact, no expiry has yet been conducted and ruled upon that would warrant judicial intervention from this Honorable Court.  Absent  such imposition or injury, judicial recourse to this Court is certainly premature, not to mention improper.  To expiry investigation has not yet commenced.  All these because of petitioner’s failure to supply respondents with the necessary documents in support of its request.

            In sum, basic is the rule that jurisdiction is conferred by the Constitution, substantive law or by other statues.  The exclusive appellate jurisdiction of the Court of Tax Appeals is conferred by R.A. No. 1125, specifically Section 7 thereof.   However, it does not mean that CTA’s jurisdiction is limited only to the decisions of the Commissioner of Internal Revenue, Commissioner of Customs or provincial or city Board of Assessment Appeals.  It also includes decisions of the Secretary of Finance in certain cases as clearly provided for in Section 2315 of PD 1464, otherwise known as The Tariff and Customs Code of the Philippines (TCCP ).  The jurisdiction of this Court was likewise expanded by Section 301 of the TCCP as amended by R.A. 8752.

            Paragraph (p) of said Section 301 of the TCCP, as amended, provides that any party adversely affected by a final ruling in connection with the imposition of an anti-dumping duty may file a petition for a review  with this Court.  Even assuming arguendo, that an anti-dumping duty has been imposed in this case, petitioner is snot an interested party adversely affected with such imposition.  Absent this element, Section 301 (p) of R.A. 8752 cannot be availed of.

            WHEREFORE, in view of all the foregoing, the respondent’s Motion to Dismiss is hereby GRANTED.  The Petition for Review is accordingly DISMISSED.

            SO ORDERED.  

               JUANITO C. CASTANEDA, JR.                                     ERNESTO D. ACOSTA
                        Associate Judge                                                  Presiding Judge

 



Notice of Public Hearing 


NOTICE OF PUBLIC HEARING

Pursuant to Section 401 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct a public hearing in response to petitions for tariff rate modification on various articles listed below on 25 June 2002 at the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

9:00 AM

HS HEADING

COVERAGE

07.11; 07.14

Onions; cassava

10.01; 10.03; 10.07

Wheat and meslin; barley; grain sorghum

11.01; 11.08; 15.20; 20.02

Wheat flour; cassava starch; glycerol; tomato paste

25.05; 25.06; 25.08; 25.17; 25.19

Silica sand and quartz sand; quartz and quartzite; clays; pebbles; natural magnesium carbonate

28.01; 28.03; 28.06; 28.07; 28.09; 28.15; 28.18; 28.25; 28.27; 28.33; 28.35; 28.49

Chlorine; acetylene black; hydrochloric acid; sulfuric acid and oleum; phosphoric acid and polyphosphoric acid; caustic soda; aluminum oxide; copper oxides and hydroxides; chloride oxides and chloride hydroxides; aluminium sulphate; tribasic lead sulphate; STPP; TSPP; calcium carbide

29.05; 29.15; 29.17;

Fatty alcohols and acids; dioctyl orthophthalates;

32.07;34.01; 34.02

Prepared pigments, prepared opacifiers, prepared colours and similar preparations; soap; and organic surface-active products and preparations;

38.12; 38.15; 38.16; 38.23

Compound plasticisers, stabilizers and anti-oxidising preparations for rubber or plastics; supported catalysts; refractory cements, mortars and similar compositions; stearic acid; industrial fatty alcohols

39.01; 39.02; 39.03; 39.04; 39.05; 39.06; 39.07; 39.08; 39.12; 39.15; 39.16; 39.17; 39.18; 39.19; 39.20; 39.21; 39.22; 39.23; 39.24; 39.25; 39.26

Plastics and articles thereof

40.08; 40.09; 40.10; 40.11; 40.12; 40.13; 40.14; 40.15; 40.16

Rubber plates, sheets and strips, fittings; conveyor and transmission belts; tires and inner tubes; rubber nipples; surgical gloves; floor coverings and mats; rubber buttons

44.12; 4703.29

Plywood; Wood pulp

48.01; 48.02; 48:03; 48.04; 48.05; 48.10; 48.11; 48.19; 48.21; 48.23

Paper and paperboard, and articles thereof

4911.99 90

Printed labels

52.04; 52.08; 52.09; 52.10; 52.11; 52.12; 54.01; 54.08; 55.08

Sewing thread and woven fabrics

56.07; 60.01; 60.02

Twines, cordage and ropes; Knitted or crocheted fabrics

6302.60; 6302.91; 63.05

Linens; Sacks and bags

6401.92; 6402.99; 6403.59; 6404.20; 64.05

Footwear

1:00 PM

HS HEADING

COVERAGE

68.15

Articles of stone or of other mineral substances

69.02; 69.07; 69.08; 69.09

Refractory bricks, blocks, tiles and similar refractory ceramic constructional goods; ceramic tiles; ceramic wares for technical uses

70.03; 70.04; 70.05; 70.06; 70.07; 70.08; 70.09; 70.10

Glass and glass products

72.08; 72.09; 72.10; 72.17; 72.19

Flat-rolled products of iron or non-alloy steel; wire of iron or non-alloy steel; flat-rolled products of stainless steel

73.07; 73.12; 73.18; 73.21; 73.25

Tube or pipe fittings, of iron or steel; stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel; screws, of iron or steel; non-electric cooking appliances; cast grinding balls and similar articles for mills

76.04; 76.05; 76.06; 76.07; 76.08; 76.09; 76.10; 76.12; 76.16

Aluminum bars, rods, profiles, wires, plates, sheets, strip, foils, tubes, pipes, tube or pipe fittings, structures, containers, and can ends

79.03

Zinc powders

83.08; 83.09; 83.11

Tubular or bifurcated rivets, of base metal; stoppers, caps and lids (including crown corks, screw caps and pouring stoppers), capsules for bottles, threaded bungs, bung covers, seals and other packing accessories, of base metal; welding electrodes

84.02; 84.03; 84.04; 84.14; 84.15; 84.18; 84.50

Boilers; electric fans; air conditioning machines; refrigerators, freezers, and parts thereof; washing machines

85.04; 85.06; 85.07; 85.13; 85.16; 85.25; 85.27; 85.28; 85.29; 85.39; 85.45; 85.47

Transformers; batteries; lamp parts; electric smoothing irons, ovens, cookers, etc; toasters; transmission and reception apparatus; television; antennae; flashlight bulbs; carbon electrodes; and insulating fittings

87.02; 87.03

Motor buses and motor cars (tourist buses and limousines)

90.01; 90.19

Lenses; decompression chamber

93.01; 93.02; 93.03; 93.04; 93.05; 93.06; 93.07

Arms and ammunition; parts and accessories thereof

96.12

Typewriter ribbons

           Interested parties will be given opportunity to be heard and to present evidence in support of their positions. For particulars, please inquire at the Information Division, Tel. Nos. 433-5896 or 433-5898.

          Issued this 13th day of June 2002, Quezon City, Metro Manila.


                                                                                                                                                  (Sgd.)  REMEDIOS G. NAZARETH
                                                                                                                                                                     Commissioner



CUSTOMS Memorandum Circular
No. 168-2002

                                                                                                     
                                                                          23 May 2002

Customs Memorandum Circular
No. 168-2002

                                  To: All District/Port Collectors
                                        All Others Concerned


                                 
Subject:   Decision of the Secretary, DTI on Safeguard Case No. 01-2001

        Attached is the 1st Indorsement dated 29 April 2002 of the Department of Finance referring to this Bureau for implementation, the within Decision of the Honorable Secretary, Department of Trade and Industry in Safeguard Case No. 01-2001 in Re:  Application for General Safeguard Measures Against the Importation of Ceramic Floor and Walltiles from various countries, part of the dispositive portion of which directs the return of all cash bonds that may have been imposed on shipments originating from countries enumerated therein which entered in or are withdrawn from warehouses in the Philippines for consumption starting 9 January 2002, the date of the effectivity of CMO 4-2002.

        For information and guidance of all concerned.

                                                                          
                                                                                For the Commissioner:
                                                                                (Per CMO 85-90)

                                                                                EMMA M. ROSQUETA
                                                                                Deputy Commissioner
                                                                                Internal Administration Group



CUSTOMS Memorandum Circular
No. 173-2002

                                                                                                     20 May 2002

Customs Memorandum Circular
No. 173-2002

                                           To: All District/Port Collectors
                                                 All Chiefs, Collection Division
                                                 All Chiefs, Bonds Division
                                                 All Others Concerned


                                          
Subject:   Safeguard Case No. 02-2001 Concerning Bond/Safeguard
                                                          Measure Against the Importation of Gray Portland Cement

        Transmitted for publication is the Resolution with the Temporary Restraining Order issued by the Special Twelfth Division of the Court of Appeals in CA-G.R. SP No. 70234, entitled PHILIPPINE CEMENT MANUFACTURERS CORPORATION versus THE HONORABLE SECRETARY OF THE DEPARTMENT OF TRADE AND IDUSTRY, THE TARIFF COMMISSION, THE HONORABLE COMMISSIONER OF CUSTOMS, THE HONORABLE SECRETARY OF THE DEPARTMENT OF FINANCE, COHACO TRADING CORPORATION, SOUTHERN CROSS CEMENT CORPORATION, and PHILIPPINE CONSTRUCTORS ASSOCIATION, restraining the implementation of the Decision dated April 5, 2002 of the Secretary of the Department of Trade and Industry denying the application for safeguard measures filed by PHILCEMCOR,  the dispositive portion of which states:


                  "In the meantime, acting on the prayer for issuance of the temporary 
             restraining order  (TRO) and so as not to render the petition moot, this Court
             resolves to grant the same.

                   "The TRO is conditioned upon the posting of a bond by the petitioner in 
             the amount of TWO MILLION PESOS (P2,000,000.00) to answer all damages
             the respondents may sustain by reason of the TRO should the Court eventually 
             decide that the petitioner is not entitled thereto.

                     "Respondents DTI Secretary, Department of Finance Secretary and Bureau
              of Customs Commissioner or any of their agents or representatives are hereby
              temporarily restrained from implementing the assailed April 5, 2002 Decision of the 
              DTI Secretary and the March 13, 2002 Tariff Commissioner's Report and from 
              undertaking further proceedings thereon."


        For compliance.

                                                                                          (signed)
                                                                                ANTONIO M. BERNARDO
                                                                                       Commissioner



CUSTOMS Memorandum Order

                                                                                                     15 May 2002

Customs Memorandum Order
No. 22-2002

                                           To: All District/Port Collectors
                                                 All Chiefs, Assessment Division or Equivalent Unit
                                                 All Chiefs, Liquidation and Billing Division or Equivalent Unit
                                                 All Others Concerned

        This pertains to the various Executive Orders issued recently by the President of the Philippines modifying the nomenclature and/or rates of duty on different imported products/articles under the Tariff and Customs Code of 1978, as amended, that were subject of Customs Memorandum Circulars of this Bureau.  For the guidance and information of all concerned, below are the dates of effectivity of the said Executive Orders:

Executive Order Number Date of Signing Date of Full Publication Date of Effectivity
EO No. 83 pursuant to Sec. 401 TCCP March 15, 2002 April 30, 2002 May 30, 2002
EO No. 84 pursuant to Sec. 401 TCCP March 15, 2002 April 19, 2002 May 19, 2002
EO Nos. 86, 87, 88, 89 pursuant to Sec. 402 TCCP March 18, 2002 April 17, 2002 May 2, 2002
EO No. 91 pursuant to Sec. 401 TCCP April 9, 2002 April 20, 2002 May 20, 2002
EO Nos. 92, 93, 94 pursuant to Sec. 402 TCCP April 9, 2002 April 20, 2002 May 5, 2002

       All entries processed and assessed pursuant to the lower tariff rates of the said Executive Orders or prior to their effectivity are hereby directed to be retrieved and re-assessed for the imposition and collection of appropriate duties and taxes.

       This Order supersedes the Memorandum of this Office dated 06 May 2002 concerning Executive Order Nos. 83 and 84.

       All concerned shall be guided accordingly.

                                                               (Signed) ATTY.  ANTONIO M. BERNARDO
                                                                                
        Commissioner



AICO Consultation


NOTICE OF CONSULTATION

            The Tariff Commission will conduct public consultation pursuant to Section 402 of the Tariff and Customs Code on 8 May 2002 at 9:00 A.M. on the application of Honda Cars Philippines, Inc. (HCPI) and Philippine Auto Components, Inc. (PAC) for the inclusion of certain products from Thailand and Malaysia under the ASEAN Industrial Cooperation (AICO) Scheme. Venue of the consultation is at the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Bldg., East Avenue, Diliman, Quezon City.

            All interested parties will be given the opportunity to be heard and submit evidence in support of their positions regarding the grant of the preferential tariff rates of 0% - 5% to the subject products on or before the consultation.

            The product coverage of said consultation is shown below:

HS HDG. NO.

DESCRIPTION OF GOODS

APPLIED
FINAL
PRODUCT

2002
RATE OF
DUTY
(%)

8702.90.10

Components, parts and/or accessories imported from one or more countries for assembly of vehicles by participants in the commercial vehicle development program

Honda CR-V 2002

3

8703.90.10

Components, parts and/or accessories imported from one or more countries for assembly of motor vehicles by participants in the motor vehicle development program

Honda Civic

10

8414.90.00

Fan assy and shroud assy

Fans

5

8418.99.00/

8419.89.10

Evaporators

Evaporators

5

8708.91.10

Upper/lower tanks for Al radiators; subassy, lower tanks for Al radiators

 

3

8708.91.20

Core subassy (Al radiators)

Aluminum radiators

3

           Issued this 30th day of April 2002 in Quezon City, Metro Manila.

 

(Sgd.) FERDINAND D. TOLENTINO
                 
Commissioner
            Officer-in-Charge

 P.D.I., 04 May 2002

 


DTI DECISION


(SAFEGUARD CASE NO. 01-2001)

 
                                                                          
DTI DECISION:

             In the Matter of the Application for General Safeguard Measures Against the Importation of Ceramic Floor and Wall Tiles From Various Countries

 Published: PDI & PS, 16 April 2002

 


DTI DECISION


(SAFEGUARD CASE NO. 02-2001)

 
                                                                          
DTI DECISION:

               In the Matter of the Application for General Safeguard Measures Against the Importation of Gray Portland Cement From Various Countries 

Published : PS, 14 April 2002

 


CUSTOMS Memorandum Circular (CMC)
No. 107-2002

                                                                                                                
                                                                                                                                   April 5, 2002

CUSTOMS MEMORANDUM CIRCULAR
NO. 107-2002

                                                       To:     All District/Port Collectors
                                                                 And Others Concerned


         Attached is the letter dated April 1, 2002 of Mr. Lamberto R. Barbin, Officer-in-Charge, Records Office, Office of the President endorsing Executive Order No. 83 dated March 15, 2002 entitled: "MODIFYING THE NOMENCLATURE AND THE RATES OF IMPORT DUTY ON VARIOUS PRODUCTS UNDER SECTION 104 OF THE TARIFF AND CUSTOMS CODE OF 1978 (PRESIDENTIAL DECREE NO. 1464, AS AMENDED)."

         For your information and guidance.


                                                                                                      ATTY. ANTONIO M. BERNARDO
                                                                                                                       Commissioner

 


Tariff Commission sets public hearing
      Pursuant to the decision reached by the Committee on Tariff and Related Matters (CTRM) on Feb. 27, 2002, the Tariff Commission is scheduled to conduct a public hearing under Section 401 of the Tariff and Customs Code regarding requests filed by domestic industries to maintain the 2001 most-favoured-nation (MFN) rates of duty on various products being locally manufactured.

      All interested parties are given up to April 30, 2002 to submit their petitions (together with accomplished TC Form 3 and financial statements from 1998-2001) to the Tariff Commission for inclusion in the said hearing to be held in June 2002.

Press Release: P.S., 07 April 2002, page 27

Summary Report of the Formal Investigation by the Tariff Commission on the Application of the Ceramic Tiles Manufacturers Association for the Imposition of General Safeguard Measure on Ceramic Floor and Wall Tiles  Pursuant to R.A. 8800

SUMMARY REPORT OF THE FORMAL INVESTIGATION
BY THE TARIFF COMMISSION ON THE APPLICATION OF THE
CERAMIC TILES MANUFACTURERS ASSOCIATION
FOR THE IMPOSITION OF GENERAL SAFEGUARD MEASURE
ON IMPORTS OF CERAMIC FLOOR AND WALL TILES
PURSUANT TO R.A. 8800

     In accordance with Section 14 of R.A. 8800, the Tariff Commission hereby causes the publication of the summary findings and recommendation on the above-cited investigation.

FINDINGS

       1.     Locally produced ceramic floor and wall tiles are "like" to imported ceramic floor and wall tiles.

       2.     The collective output of the two (2) applicant companies constitutes a major proportion of total
               domestic production of ceramic floor and wall tiles.

       3.     Ceramic tiles are being imported into the Philippines in increased quantities, both in absolute
               terms and relative to domestic production, starting in 2000. The increase in volume of imports
               is recent, sharp and significant as to cause serious injury.

       4.     The industry suffered and is suffering significant overall impairment in its condition, i.e., in
               terms of loss of market share; inability to increase production and sales volume despite the
               increase in demand; decline in employment; underutilization of capacity, and losses in
               operation.

       5.     While there are other factors which contributed to the overall impairment in the position of the
               domestic industry, cheap imports in increased quantities were the dominant cause of serious
               injury to the domestic ceramic tile industry.

RECOMMENDATION

             The existence of a causal link between the increased imports of the product under consideration and serious injury to the domestic industry having been established, the Commission has recommended that a definitive general safeguard measure in the form of tariff-rate quota and a specific duty be imposed on the importation of ceramic floor and wall tiles.
                                    
                                                      
(Signed) EDGARDO B. ABON
                                                                     Chairman


(Signed)  REMEDIOS G. NAZARETH                                        (Signed)  FERDINAND D. TOLENTINO
                 Commissioner                                                                         Commissioner


Published: The Phil. Star (PS)

 

 


Summary Report of the Formal Investigation by the Tariff Commission on the Application of the Philippine Cement Manufacturers Corporation (PHILCEMCOR) for the Imposition of General Safeguard Measure on Imports of Gray Portland Cement Pursuant to R.A. 8800

        In accordance with Section 14 of R.A. 8800, the Tariff Commission hereby causes the publication of the summary findings and recommendation on the above-cited investigation.

FINDINGS

1.    Locally produced gray Portland cement is "like" to imported gray Portland cement.  Likewise, locally
       produced blended Portland cement (pozzolan) is "like" to the imported gray Portland cement.

2.    The collective output of the twelve (12) applicant companies constitutes a major proportion of total
       domestic production of gray Portland cement.

3.    Imports have increased significantly in absolute terms and relative to domestic production.  Import
       surge commenced in 2000.

4.    The industry has not suffered and is not suffering a significant impairment in its overall market
       position, production and sales, capacity utilization, and profitability.  No link was found between
       employment and imports.  Labor productivity improved.

5.    There is no threat of serious injury that is imminent from imports.

6.     Causation has become moot and academic in view of the negative determination of the elements
        of serious injury and imminent threat of serious injury.

RECOMMENDATION

     The elements of serious injury and imminent threat of serious injury not having been established, the Commission has recommended that no definitive general safeguard measure be imposed on the importation of gray Portland cement.

                                                             (Sgd.)  EDGARDO B. ABON
                                                                        Chairman

(Sgd.)  REMEDIOS G. NAZARETH                                              (Sgd.)  FERDINAND D. TOLENTINO
             Commissioner                                                                            Commissioner



P.S. March 19, 2002


Staff Report
Safeguard Measures Case on Ceramic Floor and Wall Tiles
(S.G. Inv. No. 01-02)

NOTICE

     The Commission's Staff Report on the investigation on the application of Safeguard Measures filed by the Philippine ceramic tile industry against importations of ceramic floor and wall tiles (S.G. Inv. 01-02) is available at the Commission and may be reproduced at cost. 

     Parties (of record) are given (5) calendar days from receipt of the Staff Report to submit their comment/s thereon particularly on the aspects of product comparability and volume of increased imports. These matters will be excluded for discussion and only preliminary findings relating to the injury aspect will be taken up during the Public consultation scheduled on February 11-15, 2002.

 


Notice of Consultation
(AICO)


NOTICE OF CONSULTATION

    The Tariff Commission will conduct consultation pursuant to Section 402 of the Tariff and Customs Code, as amended, on 04 February 2002 at 9:00 A.M. on the application of Toyota Motor Philippines Corporation (TMPC) for the inclusion of parts and components of Toyota Corolla and Camry models between the Philippines and Thailand and the Philippines and Malaysia under the ASEAN Industrial cooperation (AICO) Scheme. Venue of the consultation is at the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Bldg., East Avenue, Diliman, Quezon City.

     All interested parties will be given the opportunity to be heard and submit evidence in support of their positions regarding the grant of the preferential tariff rates of 0%-5% to the subject products on or before the consultation.

     The product coverage of said consultation is shown below:

 

HS HEADING 
NO.

DESCRIPTION OF GOODS

APPLIED FINAL PRODUCTS

2002
Rate of Duty (%)

8703.90 10

Components, parts and/or accessories imported from one or more countries for assembly of motor vehicles by participants in the motor vehicle development program

Toyota corolla and Camry models

 

10

Published


Notice of Public 
Consultation


IN  THE  MATTER  OF   APPLICATION  OF
SAFEGUARD  MEASURE  AGAINST  THE
IMPORTATION OF Ceramic Floor and Wall Tiles
H.S. HDG. NO. 69.07 and 69.08
 
                                                                  FOR: SAFEGUARD MEASURE
                                                                          (R.A. No. 8800)
                                                                          S.G.  INV.  NO. 01-02

PHILIPPINE CERAMIC TILE INDUSTRY,
AS REPRESENTED BY MARIWASA SIAM
AND LEPANTO (GUOCO) CERAMICS
                                                    Protestant
x-------------------------------------------------x

NOTICE OF PUBLIC CONSULTATION
 

            Notice is hereby given that pursuant to Section 10 of the Commission Order No. 00-02 prescribing the Rules and Regulations to Govern the Conduct of Investigation by the Tariff Commission on Safeguard Measure pursuant to R. A. 8800, a public consultation will be held at the Conference Room of the Tariff Commission, 5th Floor, Philippine Heart Center Building, East Avenue, Diliman, Quezon City on the following dates and time:

Date

Time

11 February 2002

9:00 a.m.

12 February 2002

9:00 a.m.

13 February 2002

9:00 a.m.

14 February 2002

9:00 a.m.

15 February 2002

9:00 a.m.

               Within five (5) calendar days from receipt of the Commission’s Staff Report which will be issued before the public consultation, parties are given one opportunity to comment thereon particularly on the aspects of product comparability and volume of increased imports.  If no comment is filed, then the factual findings on product comparability and volume of imports of the Commission contained in the Staff Report will be binding to the party who did not submit its Comment. 

               The parties are also required to submit to the Commission within five (5) calendar days before the consultation, a list of issues they want to explore in the consultation other than the issues on product comparability and volume of increased importation. A party who does not submit a list of issues is deemed to have no controversial/contestable matter to raise, hence, will be given less priority in the order of parties to ask clarificatory questions during the public consultation. Parties are also required to submit to the Commission the affidavits of their witnesses three (3) days prior to the public consultation.

               All principal parties, counsels, affiants, deponents and other interested parties should appear before the Commission on the first day of the public consultation. 

             For particulars, please inquire from any member of the Safeguard Measures Task Force on Ceramic Tiles at Tel. Nos. 926-87-31 or 928-84-19.

               Issued this 10th day of January 2002, Quezon City, Metro Manila.

                                                                                     (Signed) REMEDIOS G. NAZARETH
                                                                                                     Commissioner
MT - January 14, 2002
PS - January 14, 2002


Notice of Public 
Consultation


IN THE MATTER OF APPLICATION OF
SAFEGUARD MEASURE AGAINST THE
IMPORTATION OF CEMENT
H.S. HDG. NO. 25.23

                                                                                      FOR:  SAFEGUARD MEASURE
                                                                                               (R.A. NO. 8800)
                                                                                               S.G. INV. NO. 01-01


PHILIPPINE CEMENT MANUFACTURERS
CORPORATION (PHILCEMCOR). AS AN
ASSOCIATION REPRESENTING TWELVE
(12) CEMENT PRODUCERS IN THE
PHILIPPINES
                                            Protestant

x--------------------------------------x  
                                                              

                                                       NOTICE OF PUBLIC CONSULTATION

             Pursuant to Section 10 of the Rules and Regulations to Govern the Conduct of Investigation by the Tariff Commission on Safeguard Measures (R.A.8800), notice is hereby given that public consultation will be held at the Conference Room of the Tariff Commission, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City on the following dates  and time:

Dates

Time

28 January 2002

9:00 a.m.

29 January 2002

9:00 a.m.

30 January 2002

9:00 a.m.

31 January 2002

9:00 a.m.

01 February 2002

9:00 a.m.

             All principal parties, counsels, affiants, deponents and other interested parties are required to appear before the Commission on the first day of the Public Consultation.  Within five (5) calendar days from receipt of the Commission’s staff report which will be issued before the public consultation, parties are given one opportunity to comment thereon particularly on the aspects of product comparability and volume of increased imports.  Moreover, at least five (5) calendar days before the consultation, the parties are required to submit to the Commission a list of issues they want explored in the consultation other than the issues on product comparability and volume of increased importation.  A party who does not submit a list of issues may be deemed to have no controversial/contestable matter to raise and hence, will be given less priority in the order of parties to ask  clarificatory  questions during the public consultation.  Parties are also required to submit to the Commission the affidavit of their witnesses three (3) days prior to the public consultation.

             For further particulars, please inquire from any member of the Safeguard Measures Task Force at Tel. Nos. 928-84-19 and 433-58-98.

             Issued this 20th day of December 2001, Quezon City, Philippines.

                                                                                                      (Signed) EDGARDO B. ABON
                                                                                                                    Chairman

 MT - December 21, 2001
 PS - December 21, 2001


CUSTOMS Memorandum Order (CMO)
No. 4-2002

                                                                                                      09 January 2002

Customs Memorandum Order
No. 4-2002

                                                              All District Collectors
                                                              Others Concerned

Subject : Safeguard Measures vs.  Importations
              Ceramic Floor and Wall Tiles
--------------------------------------------------

        Pursuant to instructions contained in the 1st Indorsement, dated 11 December 2001 and received by this Office on 08 January 2002, issued by Sec.  JOSE ISIDRO N. CAMACHO, Department of Finance, relative to the DTI Order in Safeguard Case No. 01-2001 Re:  IN THE MATTER OF THE PRELIMINARY DETERMINATION OF THE SAFEGUARD MEASURES CASE AGAINST THE IMPORTATION OF CERAMIC FLOOR AND WALL TILES FROM VARIOUS COUNTRIES, with information that proper notifications have been issued to the WTO Safeguards Committee and the ASEAN member countries in compliance with Articles 6.3 and 8 of the ASEAN-CEPT Agreement.

       It is hereby directed that all importations of ceramic floor and wall tiles, glazed and unglazed, classified under HS Codes 6907.9000 and 6908.9000 from all countries, except those from Thailand, India, Sri Lanka and Iran, shall be imposed, in addition to taxes and duties and other charges, a cash bond amounting to P5.40 per kg.

       Upon the effectivity of this Order, covered shipments entered in or withdrawn from warehouses in the Philippines for consumption shall be subject to the aforestated safeguard measure.

       This Order shall take effect starting 09 January 2002 and shall remain in force for the next 200 days.

       For compliance.

                                                               (Signed) TITUS B. VILLANUEVA, CESO I
                                                                               
Commissioner

Enclosures:

    1st Indorsement of DoF, 12/11/01
    DTI Letter, 11/28/01

Cc:  Sec. Jose Isidro N. Camacho, DoF
       Sec. Mar Roxas III, DTI

Notice of Formal Investigation IN THE MATTER OF APPLICATION OF
SAFEGUARD MEASURE AGAINST
THE IMPORTATION OF Ceramic Floor and Wall Tiles
HS Hdg. No. 69.07 and 69.08

                                                                                               FOR: SAFEGUARD MEASURE
                                                                                               (R.A. 8800)
                                                                                               S.G. INV. NO. 01-02

PHILIPPINE CERAMIC TILE INDUSTRY 
AS REPRESENTED BY MARIWASA SIAM
AND LEPANTO (GUOCO) CERAMICS 

                                   Protestant
x---------------------------------------x

                                          NOTICE OF FORMAL INVESTIGATION

         Notice is hereby given that pursuant to R. A. 8800, otherwise known as the “Safeguard Measures Act”, a formal investigation is now being conducted by the Tariff Commission on the application of a safeguard measure against the importation of Ceramic Floor and Wall Tiles falling under HS Codes  6907.90 00 and 6908.90 00, commencing 11 December 2001, after the Secretary of Trade and Industry, having determined a preliminary affirmative finding of import surge and injury, has endorsed the application for formal investigation.

         A preliminary conference will be held on 11 December 2001, 9 a.m., at the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Bldg., East Ave., Quezon City.  Matters for discussion include the schedule and procedure of public consultation, the nature of administrative and fact finding proceedings, the non-applicability of the technical rules of procedures in the Rules of Court, the submission of parties’ evidence and position papers, the non-availability of confidential information, the time frame of formal investigation and other related matters necessary for the speedy disposition of the case.

         Interested parties will be given opportunity to be heard and to present evidence in support of their respective positions. For particulars, please  inquire from the Research and Investigation Department at Tel. Nos. 926-87-31 or 928-84-19.

          Issued this 3rd day of December 2001, in Quezon City, Metro Manila.

                                                                                             (Sgd.) REMEDIOS G. NAZARETH
                                                                                                            Commissioner


MT December 4, 2001
PS December 4, 2001

 


Notice of Formal Investigation


IN THE MATTER OF APPLICATION OF
SAFEGUARD MEASURE AGAINST
THE IMPORTATION OF Cement
HS Hdg. No. 25.23

                                                                                               FOR: SAFEGUARD MEASURE
                                                                                               (R.A. 8800)
                                                                                               S.G. INV. NO. 01-01

PHILIPPINE CEMENT MANUFACTURERS 
CORPORATION (PHILCEMCOR), AS AN
ASSOCIATION REPRESENTING TWELVE
(12) CEMENT PRODUCERS IN THE
PHILIPPINES
                                   Protestant
x---------------------------------------x

                                          NOTICE OF FORMAL INVESTIGATION

         Notice is hereby given that pursuant to R. A. 8800, otherwise known as the “Safeguard Measures Act”, a formal investigation is now being conducted by the Tariff Commission on the application of a safeguard measure against the importation of Cement falling under HS Hdg. No. 25.23, commencing 19 November 2001, after the Secretary of Trade and Industry, having determined a preliminary affirmative finding of import surge and injury, has endorsed the application for formal investigation.

         A preliminary conference will be held on 27 November 2001, 9 a.m., at the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Bldg., East Ave., Quezon City.  Matters for discussion include the schedule and procedure of public consultation, the nature of administrative and fact finding proceedings, the non-applicability of the technical rules of procedures in the Rules of Court, the submission of parties’ evidence and position papers, the non-availability of confidential information, the time frame of formal investigation and other related matters necessary for the speedy disposition of the case.

         Interested parties will be given opportunity to be heard and to present evidence in support of their respective positions. For particulars, please  inquire from the Research and Investigation Department at Tel. Nos. 926-87-31 or 928-84-19.

          Issued this 20th day of November 2001, in Quezon City, Metro Manila.

                                                                                             (SGD) EDGARDO B. ABON
                                                                                                            Chairman


MT November 21, 2001
PS November 21, 2001


Compilation of Customs Administrative Orders/Memorandum Circulars
              Compilation of Customs Administrative Orders/Memorandum Circulars
The site http://www.customsrules.org.ph contains the Customs Administrative Orders (CMO) and Customs Memorandum Orders (CMO) issued by the Bureau of Customs from 1990-2000. the CAOs and CMOs contained are facsimiles of the original orders. 

Posted: 16 November 2001


Notice of Public Hearing

                            NOTICE OF PUBLIC HEARING

         Pursuant to Sections 401 and 402 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct a public hearing/consultation in response to petitions for tariff rate modification on various imported products listed below on 07 November 2001, at 9:00 A.M., at the Tariff Commission Conference Room, 5th Floor Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

 

HS HEADING NO.

PRODUCT DESCRIPTION

11.08; 13.01; 15.15;  15.17; 17.02; 18.05; 18.06; 19.01

Corn starch; lac; castor oil; margarine; lactose/lactose syrup; cocoa powder; chocolate/preparations containing cocoa; preparations for infant use

25.05; 25.11; 28.09; 28.18; 28.25; 28.27; 28.33; 28.34; 28.35; 29.21; 29.30; 31.02; 31.04; 31.05; 32.01; 33.01; 38.15; 39.23; 40.05; 40.16

Natural sand; barium sulfate; phosphoric acid; activated alumina; cupric oxide; magnesium oxide; ammonium chloride; zinc chloride; chromic chloride; ferrous sulfate; potassium nitrate; disodium phosphate; dimethyl formamide; antioxidant; phosphonite processing stabilizer; oligometric hindered amine light; fertilizers; tanning extract; essential oil; catalysts; aseptic bags; compound rubber liners; rubber grommets and covers

44.05: 45.02: 45.03; 45.04; Chapter 48; 49.01; 50.04; 51.05: 54.04; 55.01; 55.03; 55.06; 59.09; 59.11; 60.02; 68.05; 68.12; 69.03

Wood flour; cork; articles of paper or paperboard; technical books; silk yarn; wool tops; monofilament; acrylic tow; acrylic fiber; textile tubing; textile article for technical use; swimwear fabric; abrasive powder or grain, on a base of textile material, of paper or of other materials; fabricated asbestos fibers, mixtures with a basis of asbestos/magnesium carbonate; other refractory ceramic goods

72.05; 72.08; 72.19; 72.20; 73.04; 73.15; 73.19; 73.25

Powders of iron or steel; other flat-rolled products, in coils, hot-rolled; flat-rolled products of stainless steel, hot-rolled; seamless tubes and pipes, of iron or steel; roller chain; other pins of iron or steel; grinding balls and similar articles for mills

74.10; 74.11; 75.07; 78.05; 79.05; 80.01; 81.02; 81.08

Copper foil, not backed; copper tubes and pipes; tube or pipe fittings, of nickel; lead tubes, pipes and tube or pipe fittings; zinc plates, sheets, strip and foil; unwrought tin; molybdenum and articles thereof; titanium and articles thereof

82.03; 82.04; 82.05; 82.06; 82.07; 82.08; 83.01; 83.02

Files, pliers and similar tools; interchangeable spanner sockets; screwdrivers, vices, clamps, grinding wheels and other hand tools; tools, put up in sets for retail sale; interchangeable tools for hand tools, including dies; knives and cutting blades for kitchen appliances or machines used by the food industry; locks for motor vehicles; hinges

84.07; 84.12; 84.23; 84.67; 84.79; 85.43

Spark-ignition piston engines; engines and motors; weighing machinery; tools and parts; machines and mechanical appliances; integrated receiver/decoder for direct broadcast multi-media system

87.05; 87.08; 88.02; 90.12; 90.16; 90.18; 90.24; 90.32; 94.05
96.08

Concrete-mixer lorries; parts of shock absorbers; helicopters, aeroplanes; microscopes; balances; intravenous sets; parts and accessories; pen nibs and nib points

          Interested parties will be given opportunity to be heard and to present evidence in support of their positions.  For particulars, please inquire at the Information Division, Tel. Nos. 433-5896/433-5898.

          Issued this 23rd day of October 2001, Quezon City, Metro Manila.

                                                                                                                                                                                                                                                                                                             EDGARDO B. ABON
                                                                                                Chairman

MT October 26, 2001
 


Customs Memorandum Circular (CMC)
No. 366-2001

                                                    October 15, 2001

Customs Memorandum Circular No. 366-2001
To        : District/Port Collectors
              All Others Concerned

Subject : ASIA COTTON PROTEST AGAINST IMPORTATION OF TERRY TOWELING PRODUCTS 
              FROM CHINA AND HONGKONG

     Attached is a copy of the Order issued on 25 June 2001 by the Tariff Commission, denying the petition of Asia Cotton Manufacturing Corporation Co., Inc. for the extension of the Anti-Dumping Duty imposed on Terry Toweling products imported from the People's Republic of China and Hong Kong, which expired on 30 August 2001

    Kindly be guided accordingly.

                                                                     TITUS B. VILLANUEVA, CESO I
                                                                               
Commissioner


Customs Memorandum Circular (CMC)
No. 332-2001
                                                                                                                  October 15, 2001

Customs Memorandum Circular No. 332-2001

To: All District/Port Collectors
      And Others Concerned

     Attached is the facsimile copy of the Administrative Order No. 21, Series 2001, issued on October 11, 2001 by Secretary Leonardo Q. Montemayor, Department of Agriculture entitled: "Temporary Ban on the Importation of apples, pear, apricot, peach, plum, quince, cherry, almond, walnut, ornamental apple, pears and corn from China" and prescribing the following:

1.    Immediate suspension of the processing, evaluation and issuance of Import Permits relevant to the
       importation of the above-stated  commodities from China by the Bureau of Plant Industry.

2.    Stoppage/confiscation of all shipments arriving into the country of the affected commodities
       originating from China by all Plant Quarantine Officers at all seaports and airports.

3.    Upon arrival at Philippine ports, all imported fruits shall be subject to immediate and necessary
       treatment, and/or returned to country of origin or destroyed at the expense of the importers.

      For your information and guidance.

                                                                                                          JULITA S. MANAHAN
                                                                                                         Deputy Commissioner
                                                                                                   Internal Administration Group

cc:  Hon. Titus B. Villanueva
      Commissioner

 

Public Hearing on zero tariffs

PRESS RELEASE 

Tariff Commission to conduct public hearing on zero tariffs

    The Commission will conduct public hearing on petitions/requests for zero tariffs on imported raw materials/intermediate inputs and capital equipment and parts thereof that are presently levied three percent (3%) duty.

    All interested parties are given up to Friday (28 September 2001) to submit their petitions for inclusion in the public hearing to be held on 9 October 2001 under Section 401 of the Tariff and Customs Code. A separate notice of public hearing will be published shortly.

Posted 25 September 2001


                                                     
          Pursuant to Section 401 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct a public hearing in response to the petitions for reduction of duty to zero on various imported products listed below (1. raw materials, intermediate goods; and 2. capital equipment and parts thereof including importation by registered tourism-oriented enterprises) on 09 October 2001, at the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Building, East Avenue, Diliman, Quezon City.

                                                               9:00 A.M. – 12:00 NN

CHAPTER NO.

PRODUCT DESCRIPTION

04

Dairy produce; birds’ eggs

07

Edible vegetables

11

Products of the milling industry; malt; starches

12

Oil seeds and oleaginous fruits

13

Lac; gums, resins and other vegetable saps and extracts

15

Animal or vegetable fats and oils

17

Sugars

19

Preparations of cereals, flour, starch or milk

21

Miscellaneous edible preparations

24

Tobacco and manufactured tobacco substitutes

25

Salts; sulphur; earths and stone; plastering materials, lime and cement

26

Ores, slag and ash

27

Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes

28

Inorganic chemicals; organic or inorganic cpds. of precious metals, of radio-active elements or of isotopes

29

Organic chemicals

30

Pharmaceutical products

31

Fertilizers

32

Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks

33

Essential oils and resinoids; perfumery, cosmetic or toilet preparations

34

Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modeling pastes, "dentall waxes" and dental preparations with a basis of plaster

35

Albuminoidal substances; modified starches; glues; enzymes

36

Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations

37

Photographic or cinematographic goods

38

Miscellaneous chemical products

39

Plastics and articles thereof

40

Rubber and articles thereof

44

Wood and articles of wood; wood charcoal

45

Cork and articles of cork

47

Wood pulp and recovered paper and paperboard

48

Paper and paperboard and articles thereof

2:00 P.M. – 5:00 P.M.

CHAPTER NO.

PRODUCT DESCRIPTION

48

Paper and paperboard and articles thereof

50

Silk waste

52

Cotton

54

Man-made filaments

55

Man-made staple fibers

56

Wadding, felt and nonwovens; special yarns

59

Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for industrial use

68

Articles of stone, asbestos, or similar materials

69

Ceramic products

70

Glass and glassware

72 and 73

Iron and steel and articles thereof

74, 75, 76, 78, 79, 80 and 81

Other base metals and articles thereof

82 and 83

Tools, implements and other miscellaneous articles of base metal

84

Boilers, machinery and mechanical appliances; parts thereof

85

Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles

87

Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof

89

Ships and boats

90

Photographic, measuring, checking, precision, and apparatus; parts and accessories thereof

91

Time switches

94

Furniture, lamps and lighting fittings

95

Games and sports requisites; parts and accessories thereof

96

Miscellaneous manufactured articles

         For specific eight-digit HS headings covered, please contact the Information Division, Tel. Nos. 433-5898 or 925-2401 local 3502.
         
         Issued this 1st day of October 2001 in Quezon City, Metro Manila.

                                                             (sgd.) EDGARDO B. ABON
                                                                         Chairman

MT - October 3, 2001

   

Customs Memorandum Circular (CMC)
No. 332-2001
                                                                       September 18, 2001

Customs Memorandum Circular No. 332-2001

To: All District/Port Collectors
      And Others Concerned

     Attached is the facsimile copy of the Memorandum Order No. 16, Series 2001, issued on September 11, 2001 by Secretary Leonardo Q. Montemayor, Department of Agriculture entitled: "Temporary Ban on the Importation of live cattle, sheep and goats, their meat and meat products; bovine, embryo; meat and bone meat & other feed ingredients derived from the said animals from Japan" and prescribing the following:

1.    Immediate suspension of the processing, evaluation and issuance of Veterinary Quarantine Clearance/SPS Import Permit for applications relevant to the importation of the above-stated products in Japan by the Bureau of Animal Industry.

2.   Stoppage/confiscation of all shipments into the country of affected/suspected products originating from Japan by all DA Quarantine Inspectors/officers at all major ports.

      For your information.

                                                                JULITA S. MANAHAN
                                                               Deputy Commissioner
                                                         Internal Administration Group

 

Notice of Consultation
(RP-EU Textile Negotiation) 

                               
NOTICE OF CONSULTATION 


        Pursuant to Section 402 of the Tariff and Customs Code, as amended, the Tariff Commission will conduct consultation on 18 September 2001 at 9:00 A.M. on the proposed RP-EU Textile Negotiation to be undertaken by the Garments and Textile Export Board on tariff bindings and lifting of apparel  quotas covered under Chapters 61 and 62 of the Code.  Venue of the consultation is the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Bldg., East Avenue, Diliman, Quezon City.

        Interested parties will be given opportunity to be heard and present evidence in support of their position regarding the proposed bilateral commitment to apply a 20% bound rate on imports of apparel and textile products from the EU from 2001 to 2004.

        Issued this day of 5th September 2001, Quezon City, Metro Manila.


                                                    (Sgd.) EDGARDO B. ABON
                                                               Chairman
PS  - 08  September 2001

 

Notice of AICO Consultation 

                                  

HS Heading No. Description of Goods Applied Final Product 2001 Rate of Duty (%)

8702.90 10

Components, parts and/or accessories imported from one or more countries for assembly of vechicles by participants in the commercial vehicle development program

Honda CR-V-02

3

Issued this 20th day of August 2001 in Quezon City, Metro Manila

                                   (Sgd.) EDGARDO B. ABON
                               Chairman

 MT - August 24, 2001

ORDER : In the Matter of  Protest Against the
Importation of PVC Floor Covering from Thailand (Anti-Dumping Inv. No. 97-02) 

The Commission issued on August 09, 2001 the Order enumerating the matters taken up and agreed upon by the parties present during the Preliminary Conference.

(Posted 10 August 2001)

 

 

Preliminary Conference

 

IN THE MATTER OF PROTEST AGAINST THE
IMPORTATION OF PVC FLOOR COVERING
FROM THAILAND (ANTI-DUMPING INV. NO. 97-02)

                                                             FOR : INTERIM REVIEW

UNI-LONSEAL PLASTICS, INC. (ULPI)
                           Protestant
x --------------------------------- x

NOTICE OF INTERIM REVIEW OF DUMPING DECISION

     Pursuant to Section 301 of the Tariff and Customs Code as amended by Republic Act 8752, notice is hereby given that the anti-dumping protests filed by Uni-Lonseal Plastics, Inc. (ULPI) against importation of PVC Floor Covering from Thailand (Anti-Dumping Inv. No. 97-02) is now for interim review by the Tariff Commission, after the Secretary of Trade and Industry endorsed the case to the Commission for Interim Review.

     Interested parties are requested to appear for preliminary conference to discuss the schedules and procedures of the Public Consultation, amicable settlement consistent with the domestic anti-dumping law and the World Trade Organization (WTO) procedure, limitation of the number of witnesses and any other relevant matters for the expeditious and/or orderly conduct of the Public Consultation on August 02, 2001 at 9:00 A.M. at the Tariff Commission, Conference Hall, 5th Floor, Philippine Heart Center building, East Avenue, Diliman, Quezon City.

      For further particulars, you may inquire from the members of the Anti-Dumping Task Force on PVC floor covering from Thailand at the following telephone numbers (632) 926-8731 or (632) 928-8419 or e-mail us at tarcm@pworld.net.ph .

      Issued this 27th of July 2001, Quezon City, Philippines.

                                   (Sgd.) EDGARDO B. ABON
                                                Chairman

Published: Philippine Star and Manila Times, 29 July 2001

(Posted 31 July 2001)

 

Notice of AICO Consultation

NOTICE OF CONSULTATION

    The Tariff Commission will conduct consultation pursuant to Section 402 of the Tariff and Customs Code on 01 August 2001 at 9:00 A.M. on the application of FORD MOTOR COMPANY PHILIPPINES, INC. (FMCPI) for the inclusion of CBU vehicles and automotive parts and components from Thailand under the ASEAN Industrial Cooperation (AICO) Scheme. Venue of the consultation is at the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Bldg., East Avenue, Diliman, Quezon City.

   All interested parties will be given the opportunity to be heard and submit evidence in support of their positions regarding the grant of the preferential tariff rates of 0% - 5% to the subject products on or before the consultation.

    The product coverage of said consultation is shown below:

HS 
HEADING 
NO.
DESCRIPTION OF GOODS APPLIED FINAL PRODUCT 2001
Rate  of 
Duty (%)
8703.90 10 1. Parts and components of U204 Escape/J14 Tribute SUV Ford U204 Escape/J14 Tribute SUV 10
8703.90 10 2. Parts and components of C206 Laser/J39 Protege Ford C206 Laser/J39 Protege passenger car 10
8704.21 90 3. CBU J97 Ranger Pickup Truck Ford J97 Ranger Pickup Truck 30

   Issued this 17th day of July 2001 in Quezon City, Metro Manila

(Sgd.) EDGARDO B. ABON
              Chairman

 Published in Philippine Star and Manila Times on 19 July 2001 
 (Posted 19 July 2001)

 

Customs Memorandum Order CMO No. 12-2001
Re: Selling price of 
Accountable Forms

June 6, 2001
CUSTOMS MEMORANDUM ORDER
No. 12-2001

All District/Port Collector
Chiefs, Collection Divisions
All Collecting Officers
Importers, Customs Brokers
Others Concerned

RE: SELLING PRICE OF ACCOUNTABLE FORMS

    Pursuant to Customs Administrative Order No. 2-2001 which shall take effect on June 8, 2001 per CMO 11-2001, the selling price of the following accountable forms shall be as follows:

BC FORM NO.

DESCRIPTION

SELLING PRICE/PAD

43

Special Permit to Transfer

P   750.00

177

Informal Import Declaration & Entry

P   750.00

190

Request for Value Classification/ Information

P   750.00

194

Permit to Deliver Imported Goods

P   750.00

197

Withdrawal Permit

P   750.00

198

Warehousing Permit

P   750.00

199

Transshipment Permit

P   750.00

201

NAIA-Gatepass

P   750.00

218

Certificate of Identification

P   750.00

219

Certificate of Inspection & Loading

P   750.00

236

Import Entry & Internal Revenue

Declaration

P   1,000.00

237

Entry Rider

P   750.00

242

Warehousing Entry – CEWE EPZA

P   1,000.00

Form A

Certificate of Origin – Generalized System Of Preferences

P   750.00

Form D

Certificate of Origin – Asean Common Effective Preferential Tariff Scheme

P   750.00

IED

Import Entry Declaration Form

P   750.00

  All issuances inconsistent herewith are repealed or modified accordingly.

(Signed)
TITUS B. VILLANUEVA
Commissioner
 

(Posted 10 July 2001)
Information downloaded from Bureau of Customs web site, www.customs.gov.ph

 

NOTICE OF CONCLUSION OF FORMAL INVESTIGATION 

 

IN THE MATTER OF PROTEST
AGAINST THE IMPORTATION OF
CLEAR FIGURED GLASS FROM THE
PEOPLE’S REPUBLIC OF CHINA

             FOR : Anti-Dumping                                        Inv. No. 00-01

  REPUBLIC ASAHI GLASS CORPORATION (RAGC)

            Protestant

x ------------------------------------------- x

NOTICE OF CONCLUSION OF FORMAL INVESTIGATION

            Notice is hereby given that the Tariff Commission concluded its Investigation of the anti-dumping protest filed by Republic Asahi Glass Corporation against the People’s Republic of China (PROC) on 21 June 2001.
           
Issued this 29th day of June 2001, in Quezon City, Metro Manila.

(Signed) EDGARDO B. ABON
                 Chairman

(Posted 06 July 2001)

Report of Findings (Inv. 00-01) on Anti dumping Protest Against the Importation of 
CLEAR  FIGURED GLASS 
The Commission submitted to the Secretary of the Department of Trade & Industry (DTI) its Report of Findings on Anti-Dumping Investigation on the dumping protest against the importation of Clear Figured Glass (HS 7003.19 90) from the People's Republic of China (PROC).
(Posted 03 July 2001)
 
Public Hearing on AFMA (Agriculture and Fisheries Modernization Act of 1997) Products Pursuant to Sections 401/402 of the Tariff and Customs Code and Section 4 of EO No. 133 of RA 8435 (Agriculture and Fisheries Modernization Act of 1997), the Commission will hold public hearing/consultation on 28 June 2001 from 9:00 A.M. to 5:00 P.M. regarding: (i) petitions for tariff rate modification on various products covered by EO 334; (ii) proposed rates for 2001-2004 on sensitive agricultural products not covered by EO 334; (iii) proposed inclusion of certain sensitive agricultural products in the AFTA-CEPT Scheme in 2001 - 2003; (iv) requests for various commodities to be included in/deleted from the coverage of the AFMA; and (v) requests to transfer various products from Annex "B" to Annex "C" of EO 133.

Venue will be at the Tariff Commission Conference Room, 5th Floor, Philippine Heart Center Building, East Avenue, Diliman, Quezon City. 
Product Coverage
to be published on 23 June 2001 in two (2) newspapers of general circulation.
(Posted 22 June 2001)

Customs Memorandum Order No. 11-2001 The rates of Customs Brokerage Fees prescribed  under Customs Administrative Order (CAO) No. 1-2001,  as well as the Rates of Customs Fees and Charges  under  CAO 2-2001 shall take effect on 08 June 2001, fifteen days after their approval and publication on national newspapers of general circulation, as certified to by the Chief, Public Information and Assistance Division (PIAD) who caused their publication on May 24 and 25, 2001.  Laboratory Fees and Charges remain the same as per CAO No. 3-94.
(Posted 07 June 2001)
DTI Resolution  
re: HRC list of identified exporters
On 30 April 2001, the Secretary of Trade and Industry issued a Resolution excluding Leman Commodities SA as one of the identified exporters of dumped steel billets from Russia.
The Tariff Commission, after representation from Leman, is convinced that the steel billets exported by said exporter was sourced from Ukraine. The Resolution was made pursuant to Section 20 (e) of the Implementing Rules and Regulations of RA 8752.
(Posted : 01 June 2001) 
DTI Order re: CRC/sheets from Taiwan  On 26 April 2001, the Secretary of Trade and Industry issued and Order dismissing the anti-dumping case against CRC from Taiwan for lack of merit. The Order is issued pursuant to the provisions of paragraph (l), Section 301 of the Tariff and Customs Code of the Philippines.
(Posted: 01 June 2001)
Notice of Resolution
Court of Tax Appeals (CTA) Case No. 6180
The Court of Tax Appeals DISMISSED for lack of jurisdiction the Petition for Review filed by National Steel Corporation (NSC) on the negative finding of the Tariff Commission on the anti-dumping case filed by NSC (Inv.98-02) against the importation of Hot Rolled Steel Coils (HRC) from Russia. The Resolution was issued on May 22,2001
(Posted : 29 May 2001)
Republic Act. No. 9135 RA 9135, "An Act Amending Certain Provisions of Presidential Decree No. 1464, Otherwise known as the Tariff and Customs Code of the Philippines, As Amended, and For Other Purposes"
(Posted : 24 May 2001)
Essential Facts and Findings on  Clear Figured Glass 
from People's Republic of China (PROC) 
The Commission has issued its "ESSENTIAL FACTS AND FINDINGS AGAINST IMPORTATION OF CLEAR FIGURED GLASS FROM THE PEOPLE'S REPUBLIC OF CHINA (PROC)". Concerned parties were given five (5) days from receipt hereof to defend their interests in writing.
(Posted : 16 May 2001)
Safeguards Manual  The Commission has completed its Manual which comprises the procedures and principles followed by the Commission in the conduct of safeguards investigations. Copies will soon be available to the public for a nominal fee.
(Posted : 02 May 2001)
Executive Order (EO) No. 11 The President signed on 17 April 2001 Executive Order 11 modifying the nomenclature and the rates of import duty on certain imported articles in order to rectify some oversight in E.O. 334 (dated 03 January 2001) and clarification in the interpretation and application of certain provisions of EO 334 to ensure its efficient implementation. The Order was published on 23 April 2001in Malaya and Manila Standard.
(Posted : 30 April 2001)
Notice of CONCLUSION OF FORMAL INVESTIGATION The Notice of Conclusion of Formal Investigation in the matter of protest against the importation of Cold-rolled Steel coils (CRC) and Sheets from Taiwan (Inv. 2000-02) was published on 18 April 2001 at the Manila Times and Philippine Star.
(Posted : 18 April 2001)
CMC No. 137-2001 re: Dumping duty on PVC Floor Covering from Thailand   The Bureau of Customs issued on 28 March 2001 Customs Memorandum Circular (CMC) No. 137-2001regarding the implementation of the dumping duty on PVC Floor covering from Thailand.
(Posted : 10 April 2001) 
New Appointments of Tariff Commission Officials   Her Excellency, President Gloria Macapagal-Aroyo, appointed on 29 March 2001 Hon. Edgardo B. Abon as Chairman of the Tariff Commission (vice Dr. Emmanuel T. Velasco) for a term of six (6) years. On the same date, Ms. Remedios G. Nazareth and Atty. Ferdinand D. Tolentino were appointed Commissioner Members II (vice Atty. Edgardo B. Abon and Atty. Anthony R.A.  Abad, respectively), also for a term of six (6) years. They will take their oath of office before Secretary Dante R. Canlas at the National Economic & Development Authority (NEDA) on 06 April 2001.
(Posted : 06 April 2001)

Latest Developments in ITA Products

Participants to the WTO Agreement that eliminated tariffs on information technology (IT) products are now turning their attention to non-tariff barriers in this dynamic trade sector.
Staff Report on Figured Glass from PROC The Commission issued its Staff Report on the Anti-dumping Investigation No. 2000-01on clear Figured Glass from the People's Republic of China (PROC)
(Posted: 22 March 2001)

Tariff on Cattle, Vehicle Parts 

The Tariff and Related Matters (TRM) Committee announced that the committee has endorsed to the President the reduction of the tariffs imposed on feeder cattle and on vehicles to 3% from 7% and 10%, respectively. The reduction in both cases will be retroactive to January 1, 2001. The TRM Committee also agreed to hold public hearings during the second quarter of 2001 on the 2001-2004 tariff program for rice, maize, sugar and meat and the 2000 tariffs maintained under EO 334. *(Excerpts taken from NEDA Website Press Release dated 05 March 2001).
(Posted 07 March 2001)

Revised Procedure under Sec. 401  

Administrative Order No. 01-024, dated 27 February 2001  revised the procedure under Section 401 (Flexible clause).This Order amends Office Order No. 99-064.
(Posted : 06 March 2001)

Commissioner Abad appointed as NFA Administrator

Tariff Commissioner Anthony R.A. Abad was appointed as the new NFA (National Food Authority) Administrator. He took his new post on 01 March 2001. Congratulations!
(Posted 02 March 2001)

Expiration of dumping Decisions

Dumping decisions issued by the Secretary of Finance due to expire. Interested parties may file with the Secretary of the Department of Trade and Industry (DTI)  or the Tariff Commission for the extension of the effectivity of dumping decision before the expiration of the decision. (Posted 20 Feb. 2001)

Executive Order 334 

The President issued E.O. No. 334 on 03 January 2001 modifying the nomenclature and rates of duty on certain imported articles under Sec 104 of the Tariff and Customs Code, as amended. The EO shall take effect 01 January 2001 following its complete publication in two(2) newspapers of general circulation. Said EO was published on 15 January 2001 at Malaya and Today. Copies available at the Commission for a fee. (Downloading may take some time.)

Cold Rolled Steel coils/sheets from Taiwan 

The public consultations on anti-dumping protest against the importation of Cold-rolled Coils (CRC) and Sheets from TAIWAN (Inv. 00-02) will be held on February 12, 13, 14, 15, 16 at 0900H at the Tariff Commission conference Room. The Presiding Officer will be Commissioner Edgardo B. Abon.
For particulars, please inquire from the members of the Anti-dumping Task Force at Tel. Nos. 925-24-01 to 50 local 3503 or 3508 or at Tel. No. 928-84-19.

ASEAN Harmonized Tariff Nomenclature

The Harmonised System (HS) Tariff Nomenclature is set to have major revisions on year 2002 (dubbed as HS2K). The ten (10) ASEAN member-countries is scheduled to adopt the ASEAN Harmonised Tariff Nomenclature (AHTN) which is undergoing final draft this March 2001 and shall be the common Tariff Nomenclature of all major member countries. The Commission will conduct an information disemination campaign on the implementation of both the HS2K and AHTN in key cities in the country.

Anti-dumping duty on CRC from Malaysia

The Secretary of the Department of Trade & Industry (DTI)  issued on 12 January 2001 the Order , following receipt of the Tariff Commission's Report of Findings (Inv. 99-05), ordering the imposition of dumping duty on Cold-Rolled Steel coils from Malaysia (Ornasteel Enterprise Corporation). The imposition of dumping duty is, however, SUSPENDED until such time that National Steel Corp. (NSC) can show proof that its CRC Divison is already on normal operations.
(published The Philippine Star, 19 January 2001)
.

Amendment to Order re: Clear float Glass (99-03)

The Department of Trade and Industry (DTI), issued on 21 December 2000 an Amendment to their earlier Order   imposing definitive anti-dumping duties on the importation of Clear Float glass originating from Malaysia (Inv. 99-03). the amendment specifically refers to the DELETION OF THE DEGREE OF TOLERANCE on the nominal sizes to conform with the Tariff Commission's Report of Findings.

Commission Orders re: Unfair Trade Investigations

Commission Order No. 00-02 (Rules and Regulations to govern conduct of investigation by the Tariff Commission pursuant to Republic Act 8800 "AN ACT PROTECTING LOCAL INDUSTRIES BY PROVIDING SAFEGUARD MEASURES TO BE UNDERTAKEN IN RESPONSE TO INCREASED IMPORTS AND PROVIDING PENALTIES FOR VIOLATION THEREOF")  is effective immediately from the date of filing three (3) certified copies at the UP Law Center. (Photocopy of said Order available at the Commission for a nominal fee.)

Commission Order No. 00-01 - REVISED RULES AND REGULATIONS TO GOVERN CONDUCT OF INVESTIGATION BY THE TARIFF COMMISSION UNDER SECTION 301 OF THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED BY REPUBLIC ACT (RA) NO. 8752. (Photocopy of said Order available at the Commission for a nominal fee.)

Notice of Formal Investigation/consultation (Sec.301) 

 1. Cold Rolled Steel Coils/Sheets from Taiwan 
 2. Clear Figured Glass from PROC 

   1. The anti-dumping protest against the importation of Cold Rolled steel coils/sheets (CRC) from Taiwan is now under formal investigation by the Tariff Commission after the Secretary of DTI issued the Department Order and forwarded the case to the Commission. A consultation will be held at the Tariff Commission on 27 December 2000 at 2:00 p.m. For particulars, please inquire from the Anti-dumping Task Force on Cold Rolled SteelCoils/sheets from Taiwan at Tels. 926-87-31 and 928-84-19.

   2.The anti-dumping protest against the importation of Clear Figured Glass from PROC is now under formal investigation by the Tariff Commission after the Secretary of DTI had found prima facie case of dumping. For particulars, please inquire from the Anti-dumping Task Force on Clear Figured Glass at Tels. 926-87-31 and 928-84-19.
The Department Order dated 26 September 2000 was published on 15 December 2000.

Department Order on Anti-dumping Investigations

Department Order issued by the Secretary of the Department of Trade and Industry (DTI) on Anti-Dumping Investigations on Hot-rolled coils/Sheets (HRC) from Russia and Polypropylene Resins from S. Korea.

Notice of Consultation (AICO Scheme) 

A consultation will be heard on 04 January 2001 at the Tariff Commission Conference Room at 9:00 A.M. on the application of HONDA CARS PHILIPPINES for the inclusion of certain automotive products from Indonesia and Thailand under the ASEAN Industrial Cooperation (AICO) Scheme. Said application covers the exchange of parts and components of Honda Accord and Honda Civic among the Philippines, Indonesia and Thailand.  Product coverage as published.

The approved AICO products traded among participating countries under the AICO Scheme shall enjoy advanced CEPT rates within 0 to 5 percent subject to qualifications under the Rules of Origin of the CEPT Scheme, the actual rate to be determined by each participating country.

 

Public Hearing re: EO 133 (AFMA)

A public hearing will be conducted on the 14th of December 2000 on requests for inclusion in/deletion from the coverage of AFMA of agriculture products and various chemical products, and machineries and parts thereof. Said public hearing will be held at the TC Conference Room, 5th Floor, Philippine Heart Center Building, East Avenue, Diliman, Quezon City starting at 9:00 A.M. Product coverage as published.

ASEAN Harmonized Tariff Nomenclature

Developments in the proposed ASEAN Harmonized Tariff Nomenclature (AHTN).

DTI Order re: Float Glass

DTI Department Order on Anti-dumping Protest against the importation of Clear Float Glass from Malaysia and Clear and Tinted Float Glass from Indonesia issued on 08 December 2000.  

Report of Findings re: Float Glass

TC Final REport of Findings on Float Glass from Malaysia and Indonesia forwarded to DTI for issuance of Department Order.

Chairman Velasco's Message

Chairman Emmanuel T. Velasco retires on his 6oth birthday; winds up 27 years of government service.

EO 319 re: Certain Products under AICO Scheme

EO 319 signed on 17 November 2000 and to take effect immediately to implement the preferential tariff rates on certain products in the approved AICO Arrangements of Matsushita Electric Phils Corp.; Toyota Motor Phils., and Mitsubishi Motors Phils. with their respective counterparts.

EO 314

     E.O 314 modifying the rates of import duties on crude oil and selected refined petroleum products was signed by the President on 08 November 2000.The rate of import duty for imported crude oil and selected refined petroleum products as specifically listed in Annex "A" shall be reduced from three percent (5) to zero percent (0%).
     The zero import duty rates shall be in effect for three (3) months and may be extended by the President upon recommendation of the National Economic and Development Authority.This Executive Order shall take effect immediately.

Essential Facts and Findings

ESSENTIAL FACTS AND FINDINGS on the Anti-dumping Protest on the importation of Cold-rolled Coils (CRC) from Malaysia 
                       TC Reports forwarded to NEDA Inventory of reports on investigations conducted by the Commission under Section 401 of the Tariff and Customs Code.
              Anti-dumping Reports Submitted to NEDA      Final Reports on Hot-rolled Coils (HRC), Billets and Polypropylene Resins submitted  to DTI for issuance of Department Orders. Public versions posted under Anti-Dumping topics.


         
Announcement

Newly appointed Directors of the Commission who took their oath before Honorable Executive Secretary Ronaldo B. Zamora at Malacanang, Manila on October 3, 2000. 

 Revised Schedule of Fees

Revised Schedule of Fees and ChargesApplication  for tariff classification. tariff modification, Anti-dumping and countervailing protest and other documents

List of Publications for Sale

View the List of TC Publications  available at the Commission for Sale.

  Press Release re: EO 254 (CEPT)

Clarification regarding the implementation of Executive Order No. 254

Department Order re: Anti-Dumping -CRC-Taiwan 

In the Matter of the Report of Findings on the Anti-Dumping Protest Against the Importation of Cold-Rolled Steel Coils (CRC) and Sheets from Taiwan;

commission Order re: CRC from Malaysia

In the Matter of the Report of Findings on the Anti-Dumping Protest Against the Importation of Cold-Rolled Steel Coils (CRC) and Sheets from Malaysia