August 2014
FOREWORD
Through this Citizens Charter, the Tariff Commission, or TC, aims to give its
stakeholders a better understanding and appreciation of its functions and
responsibilities mandated by laws. This Charter likewise aims to provide them with
precise information on its frontline services, documentary requirements, fees, and
service standards for every transaction, to promote faster and transparent service.
This Citizens Charter consists of three (3) parts, thus:
Part I Overview deals with general information about the Commission, its
Vision/Mission Statements, a brief historical background dating back to June
20, 1953 when the first Philippine Tariff Commission was established under
Republic Act No. 911, the present set-up and organizational structure of the
Commission under Executive Order 366, its publications, the innovative
Philippine Tariff Finder and improved TC website, fees and charges, inquiries
and complaints, and the Commissions Service Pledge and Commitments.
Part II Mandate tackles the Commissions functions under the Tariff and
Customs Code, as amended, namely: Modification of Duties, Promotion of
Foreign Trade, Tariff Commodity Classification, and Assistance to the President
and Congress. It also discusses the additional major responsibilities of the
Commission as a quasi-judicial body under the following legislations related to
its core work: R.A. 8752 (Anti-Dumping), R.A. 8751 (Countervailing Duty), and
R.A. 8800 (Safeguard Measure).
Part III Annexes show the step-by-step procedures in availing of the
Commissions services, Commission Forms, the schedule of fees and charges,
and the Commission directory.
If our stakeholders, after reading this 2014 edition of our Citizens Charter,
gain a better appreciation of the role played by the Commission in implementing
trade and tariff policies of the government, then the reason for its publication will
have been achieved.
EDGARDO B. ABON
Chairman
TC CITIZENS CHARTER
August 2014
Table of Contents
I. The Philippine Tariff Commission: An Overview
Vision/Mission
Service Pledge & Commitments
Historical Background
Rationalization Plan under E.O. 366
Organizational Chart
Education and Information
Publications
Philippine Tariff Finder / Website
Fees and Charges
Inquiries and Complaints
Liaison
2
3
4
5
6
6
7
7
8
9
9
10
10
10
11
12
13
14
14
15
17
Annexes
A
B
C
D
E
20
21
22
23
25
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Historical Background
Date
June 20, 1953
Milestone
First Philippine Tariff Commission (TC) was established (Republic
Act No. 911)
Headed by a Collegial Body consisting of a Chairman and two
(2) Commissioners
1972
1975
1987
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TC CITIZENS CHARTER
Date
September 23, 2008
August 2014
Milestone
Rationalization Plan under E.O. 366
Headed by a Collegial Body consisting of a Chairman and
two (2) Member-Commissioners
Two (2) Services created:
Function
The Tariff Commission Rationalization Plan under E.O. 366 was approved on
September 23, 2008. The functions of the Commission were strengthened in the light
of a more liberal trading environment. Such functions include (a) Tariff Code
implementation; (b) Trade remedies implementation; and (c) Promotion of fair
competition.
B.
Organizational Structure
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August 2014
Organizational Chart
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Publications
The Commission has a range of publications on tariff and related matters.
The Commission publishes an updated Tariff and Customs Code (Volumes 1 and
2); A Primer on Developments in Tariff and Trade Policy; Compendium of TC Rulings;
and Alphabetical Index. The Commission also distributes the Philippine Standard
Commodity Classification (PSCC).
For the list of all current publications, please get in touch with the Planning,
Management and Information Systems Division of the Commission at (02) 929-19-05,
or visit the Commissions website.
There is a charge at minimal cost for the publications.
Philippine Tariff Finder / Website
The Philippine Tariff Finder (PTF) was developed by the Tariff Commission as an
online frontline service to facilitate the publics need for quick and accurate information
on Philippine tariff rates. Available free of charge and requiring only Internet
connection, this facility houses all eight (8) tariff schedules of the Philippines, based on
the latest tariff nomenclature, and enables the user to find Philippine tariff rates on
specific products simply by typing in keywords or ASEAN Harmonized Tariff
Nomenclature (AHTN) Codes.
Through the PTF, the Commission tries to provide quicker access to a crucial
information resource necessary for Philippine businesses to prosper in a flat, highly
competitive world. The URL is: http://www.tariffcommission.gov.ph/tariff_finder.
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A designated Officer-of-the-Day (OD) is stationed at the lobby during office hours (including lunch break) to assist
visitors and directing them to the concerned technical staff.
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What is Section 401 of the Tariff and Customs Code of the Philippines, as
amended?
Section 401 of the Tariff and Customs Code provides the legal basis by which the
President may: (1) change the level and form of import duties, (2) impose an import
quota or ban imports, and (3) levy an additional duty on all imports.
2.
What is the procedure for filing a Section 401 petition for tariff adjustment?
Petitions found to be meritorious under Section 401 are subject to a filing fee of
Five Thousand Pesos (P5,000.00) per tariff heading which is collected prior to the
conduct of public hearing.
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Petitioners also share in the publication cost of the Commissions Notice of Public
Hearing (which is published in two newspapers of general circulation). A petitioners
share in the publication cost is based on the number of products he is petitioning for
tariff modification and subject of the public hearing.
5.
The Commission completes its investigation and submits its report of findings
and recommendations to NEDA within thirty (30) days after the termination of the
public hearing.
6.
How does one file a petition for tariff modification under Section 401?
The step-by-step procedure in applying for tariff modification under Section 401
is shown in Annex A. Said procedure is posted at the lobby of the Commissions
office at the 5th floor of the Philippine Heart Center Building.
Section 402 Promotion of Foreign Trade
1.
What is Section 402 of the Tariff and Customs Code of the Philippines, as
amended?
Section 402 of the Tariff and Customs Code provides the legal basis by which the
President may enter into trade agreements with foreign governments and modify
import duties and other import restrictions as part of these trade agreements.
2.
Who can file and what are the filing procedures under Section 402 for petitions
for tariff modification and withdrawal/suspension of concessions under
international trading arrangements?
Interested parties may file their petitions under Section 402 with the Tariff
Commission. A petitioner is required to accomplish TC Form 4 (Request for
Withdrawal/Suspension of Tariff Concession) which is available at the Commission and
downloadable
from
its
website
at
this
URL:
http://www.tariffcommission.gov.ph/TC%20Form%204_11March2014.pdf.
The Commission conducts investigations on the petitions it receives during
which public hearings are held to afford interested parties reasonable opportunity to
present their views. The Commission submits its findings and recommendations to
NEDA, which then schedules these for deliberation by the Tariff and Related Matters
(TRM) Technical and Cabinet Committees.
Final approval is granted by the NEDA Board after which, the Commission
prepares the implementing Executive Order.
3.
Petitions found to be meritorious under Section 402 are subject to a filing fee of
Five Thousand Pesos (P5,000.00) per tariff heading, which is collected prior to the
conduct of a public consultation.
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August 2014
Petitioners also share in the publication cost of the Commissions Notice of Public
Consultation which is published in two (2) newspapers of general circulation. A
petitioners share of the publication cost is based on the number of products he is
petitioning for withdrawal/suspension of tariff concession and subject of the public
consultation.
4.
The Commission completes its investigation and submits its Report of Findings
and recommendations to NEDA within thirty (30) days after the termination of the
public consultation.
Withdrawal or Suspension of Tariff Concessions
Taking into account unforeseen difficulties that stakeholders may face as the
Philippines implements its international tariff commitments, the Commission
investigates and submits its Report of Findings and recommendations to NEDA within
sixty (60) days from receipt of a properly documented petition.
Commission Order No. 02-01 provides the rules and regulations governing the
conduct of the Commissions formal investigation on the withdrawal and/or
suspension of concessions under Section 402.
5.
What is Section 1313a of the Tariff and Customs Code of the Philippines, as
amended?
The tariff nomenclature in Section 104 (Rates of Import Duty) of the TCCP, as
amended, is currently based on the 2012 version of the ASEAN Harmonized Tariff
Nomenclature (AHTN).
Section 1313a of the TCCP, as amended, provides that when an article imported
or intended to be imported is not specifically classified in the TCCP, the interested party
may request the Tariff Commission in writing to indicate the heading number under
which the article is or shall be dutiable.
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TC CITIZENS CHARTER
2.
August 2014
A filing fee of Five Hundred Pesos (P500.00) is collected for every TCC Ruling or
Tariff Classification Opinion requested.
4.
What is the normal processing time for the Commission to issue a TCC Ruling?
How does one apply for a TCC Ruling or Tariff Classification Opinion?
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What is dumping?
Republic Act (R.A.) 8752, otherwise known as the Anti-Dumping Act of 1999,
which amended Section 301 of the Tariff and Customs Code of the Philippines, as
amended, provides protection to a domestic industry which is being injured, or is likely
to be injured, by the dumping of products imported into or sold in the Philippines.
3.
1999.
4.
b. Price Difference - amount by which the normal value (the price prevailing in
the exporting country) exceeds the export price (selling price to an importer
in the Philippines).
d. Causal Link - must exist between the injury being suffered by the domestic
industry and the dumped imports. It must be clear that the injury suffered is
directly attributable to the alleged dumping.
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Petitions found to be meritorious under R.A. 8752 are subject to a filing fee of
Twenty Thousand Pesos (P20,000.00) per case.
7.
Who else, aside from the domestic industry, may initiate an anti-dumping
investigation?
The Commission shall submit within one hundred twenty (120) calendar days
from receipt of the case its Final Report of Findings and decision to the Secretary of
Trade and Industry (in the case of industrial goods) or to the Secretary of Agriculture (in
the case of agricultural products) for the issuance of the appropriate Department
Order.
The step-by-step procedure for petitions under R.A. 8752 is shown in Annex C.
Said procedure is posted at the lobby of the Commissions office at the 5th floor of the
Philippine Heart Center Building.
Republic Act 8751 (s. 1999) Countervailing Duty Act of 1999
1.
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TC CITIZENS CHARTER
2.
August 2014
Republic Act 8751, otherwise known as the Countervailing Duty Act of 1999,
which amended Section 302 of the Tariff and Customs Code of the Philippines, as
amended, provides protection to a domestic industry which is being injured, or is likely
to be injured, by subsidized products imported into or sold in the Philippines.
4.
5.
There are four (4) elements or factors which must be considered before a
countervailing duty may be imposed, namely:
d. Causal Link - the material injury suffered by the domestic industry is the direct
result of the importation of the subsidized product.
Like in anti-dumping, all four (4) elements must be established in a petition for
countervailing duty.
6.
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TC CITIZENS CHARTER
7.
August 2014
Who else, aside from the domestic industry, may initiate a countervailing
investigation?
Petitions found to be meritorious under R.A. 8751 are subject to a filing fee of
Twenty Thousand Pesos (P20,000.00) per case.
9.
What is the timetable for the completion of the formal investigation by the
Commission?
The Commission shall submit within one hundred twenty (120) calendar days
from receipt of the case its Final Report of Findings and decision to the Secretary of
Trade and Industry (in the case of industrial goods) or to the Secretary of Agriculture (in
the case of agricultural products) for the issuance of the appropriate Department
Order.
The step-by-step procedure for petitions under R.A. 8751 is shown in Annex C.
Said procedure is posted at the lobby of the Commissions office at the 5th floor of the
Philippine Heart Center Building.
Republic Act 8800 (s. 2000) Safeguard Measures Act
1.
for:
a. general safeguard measures to relieve domestic industries suffering from
serious injury as a result of increase in imports; and
b. special safeguard measures (additional duty not exceeding 1/3 of the
existing rate of duty) on agricultural products marked SSG in Schedule
LXXV-Philippines, when the import volume exceeds its trigger level or when
the actual c.i.f. import price falls below a trigger price level.
The reason for the application of safeguard measures is to give the affected
domestic industry time to prepare itself against, and adjust to, increased import
competition because of the reduction of tariffs or the lifting of quantitative restrictions.
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TC CITIZENS CHARTER
2.
August 2014
R.A. 8800 was signed into law on July 19, 2000, published on July 24, 2000, and
took effect on August 9, 2000 , i.e., fifteen (15) days following its complete publication
in two (2) newspapers of general circulation.
3.
4.
Are there any fees to be paid for formal investigation of a general safeguards
case?
Petitions found to be meritorious under R.A. 8800 are subject to a filing fee of
Twenty Thousand Pesos (P20,000.00) per case.
5.
Petitions for general safeguard action shall be filed with the DTI Secretary
involving non-agricultural products, or with the DA Secretary in cases relating to
agricultural products. The concerned Secretary shall determine whether or not the
petition is proper in form and substance and whether or not the documentary
requirements are complied with.
Petitions for special safeguard measures shall be filed with the Secretary of
Agriculture.
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6.
August 2014
7.
What is the timetable for the completion of the formal investigation by the
Commission?
The Commission shall conclude its formal investigation and submit a report of its
findings and conclusions to the Secretary within one-hundred-twenty (120) calendar
days from receipt of the request from the Secretary, except when the Secretary certifies
that the same is urgent, in which case the Commission shall complete the investigation
and submit the report within sixty (60) calendar days.
Upon its positive determination, the Commission shall recommend to the
Secretary an appropriate definitive measure.
The step-by-step procedure for petitions under R.A. 8800 is shown in Annex C.
Said procedure is posted at the lobby of the Commissions office at the 5th floor of the
Philippine Heart Center Building.
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Annex A
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Annex B
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Annex C
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Annex D
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Annex E
Fax No.
921-7960
433-5899
E-mail address -
info@tariffcommission.gov.ph
Website:
http://www.tariffcommission.gov.ph
Mother Agency:
National Economic Development Authority (NEDA)
Full Names and Designation of Agency Officials, Direct and Local Lines:
Collegial Body
Name
Designation
Chairman
(vacant)
Telephone Numbers
925-2401 to 50
local 3501
433-5899
925-2401 to 50
local 3505
433-5895
925-2401 to 50
local 3504
433-4252
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TC CITIZENS CHARTER
August 2014
Vicente M. Querol
Marilou P. Mendoza
Designation/Division
OIC-Director III
Chief Administrative
Officer
Administrative Division
Chief Administrative
Officer
Financial Management
Division
OIC
Planning, Management
and Information Systems
Division
Telephone Numbers
925-2401 to 50
local 3506
929-1964/927-3724
925-2401 to 50
local 3506
929-1964
925-2401 to 50
local 3506
929-1964
925-2401 to 50
local 3506
929-1905
Designation/Division
Artemio D. Bernardino
Director III
Director II
Elvira C. Ignacio
Esperanza B. Palomata
Angelita R. Fernando
Gerry P. Gebela
Telephone Numbers
925-2401 to 50
local 3503
433-5898/926-7476
925-2401 to 50
local 3507
925-24-01 to 50
local 3510
926-8731
925-2401 to 50
local 3508
433-5896
925-24-01 to 50
local 3502
928-84-19
925-24-01 to 50
local 3510
928-8419
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