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NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the
Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order
and decree as follows:
Section
1. The provisions of Subparagraph
b(1) and (3) of Section 301 of the Tariff and Customs Code, as amended,
are further amended to read as follows:
"b. The
Commission, upon receipt of the advice from the Minister shall conduct
an investigation to:
1. Verify
if the kind or class of article in question is being imported into, or
sold or is likely to be sold in the Philippines at a price less than
its
fair value;
The
fair value of an article shall be its home consumption price, excluding
internal excise taxes.
If
the fair value of an article cannot be determined, the following rules
shall apply:
i. If
the home consumption price is unreliable because of association or a
compensatory
arrangement between the exporter and the importer or a third party, or
if the quantity of like or similar articles sold by the producers for
home
consumption is negligible in relation to the quantity sold for
exportation
to countries other than the Philippines as to be an inadequate basis
for
comparison, then the fair value of the articles shall be based from the
export price of like articles sold to countries other than the
Philippines,
or
ii. If
the country of export is a state-controlled economy, then the fair
value
of like articles shall be the home consumption price of like articles
in
a proxy country at the same stage of economic development which is a
proven
or established competitive producer of the article under
consideration.
iii. In
the case where products are not imported directly from the country of
origin
but are exported to the country of importation from an intermediate
country,
the fair value shall be the home consumption price in the country or
origin
or the country of export whichever is higher.
iv. If
the fair value of such or like article cannot be determined in
accordance
with the preceding paragraph then, the fair value of the article under
consideration shall be its costs of production as determined or
calculated
from reasonably available data."
"3. Ascertain
the difference, if any, between the purchase price and the fair value
of
the article. The Commission shall submit its findings to the Minister
within
sixty (60) days after the submission of the Memoranda of the parties
which
will not be later than fifteen (15) days after the termination of the
public
hearing."
Sec.
2. The provisions of Subparagraph
"c" and "d" of the same section are hereby amended to read as
follows:
"(c) The
minister shall, within sixty (60) days after receipt of the report of
Commission,
decide whether the article in question is being imported in violation
of
this section and shall give due notice of such decision and shall
direct
the Commissioner of Customs to cause the dumping duty, to be levied,
collected
and paid, as prescribed in this section, in addition to any other
duties,
taxes and charges imposed by law on such articles, and on the articles
of the same specific kind or class subsequently imported under similar
circumstances coming from the specific country."
"(d) The
"Dumping Duty" as provided for in sub-section "c" hereof shall be equal
to the difference between the actual purchase price and the fair value
of the article as determined in the dumping decision. All importations
of like articles within sixty (60) days immediately preceding the
filing
of the protest are covered by the investigation. However, in cases of
subsequent
importations of same kind or class of article from the specific country
named in the protest, the dumping duty shall be equal to the difference
between the actual purchase price and the fair value actually existing
at the time of importation as determined by the Tariff Commission from
the supporting documents submitted or from other reliable sources."
Sec.
3. The first sentence of subparagraph
"i" of the same Section shall be amended to read as follows:
"i. The
established dumping duty shall be subject to adjustment based on the
prevailing
home consumption price or the exporter's sale price to third country or
the home consumption price of a proxy country or in the absence
thereof,
the cost of production."
xxx xxx xxx
Sec.
4. The Minister and the Commission
shall promulgate all rules and regulations necessary to carry out their
respective functions under this section.
Sec.
5. This decree shall take effect
immediately.
DONE in the City of Manila, this 9th day of November 1985, in the year of our Lord, nineteen hundred and eighty-five..chan robles virtual law library
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