1. What Is the Basis of a Tariff Modification?
Under Section 401, of the Tariff and Customs Code of the
Philippines (TCCP), in the interest of national economy, general welfare and/or national
security, the President upon the recommendation of the National Economic and Development
Authority (NEDA), is empowered to:
1.1. Increase, reduce or remove existing protective rates of duty (including any necessary
change in the classification).
Limitation: The existing rates may be increased or decreased to any level, in one or
several stages but in no case shall the increased rate of import duty be higher than a
maximum of one hundred (100%) percent ad valorem.
1.2. Establish import quota or ban imports of any commodity, as may be necessary.
1.3. Impose an additional duty on all imports not exceeding ten (10) per cent ad valorem,
whenever necessary.
2. What is the Role of the Tariff Commission?
Investigation/consultation/public hearing - Before any recommendation
is submitted to the President by the NEDA, the Commission shall conduct an investigation
in the course of which it shall hold public hearings wherein interested parties shall be
afforded reasonable opportunity to be present, produce evidence and to be heard. The
Commission shall also hear the views and recommendations of any government office, agency
or instrumentality concerned. The Commission shall submit its findings and recommendations
to the NEDA within thirty (30) days after the termination of the public hearings.
Drafting of Executive Order - After the findings and recommendations of
the Commission shall have been approved by the NEDA, the Commission drafts the Executive
Order implementing such recommendations.
3. When may the Executive Order be Subject for Review?
Review of the Executive Order (EO) is undertaken one (1) year after its
effectivity. The objective of the review is to rationalize the tariff rates and eliminate
any tariff distortions.
4. What May be Requested in the Review?
An interested party may request for an upward or downward adjustment of
the tariff rates or a reclassification of the articles which are subject of the review.
5. What is the Procedure of Review?
In accordance with the mandated functions of the
Commission to Executive Order No. 143 dated 21 August 1999 and as approved in the
Executive Committee Meeting of 19 February 2001, the revised procedure under Section 401
shall be adopted in the conduct of investigation for all regular requests for tariff
modification.
