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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