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PRESIDENTIAL DECREE NO. 1973
PRESIDENTIAL DECREE NO. 1973 -
AMENDING SUBSection (A) OF Section THREE HUNDRED TWO OF PRESIDENTIAL
DECREE NUMBERED FOURTEEN HUNDRED SIXTY-FOUR, OTHERWISE KNOWN AS THE
TARIFF AND CUSTOMS CODE OF 1978, AS AMENDED
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WHEREAS,
the Philippines as a Contracting Party to the General Agreement on
Tariffs and Trade (GATT) has acceded to the Agreement on Interpretation
and Application of Article VI, XVI and XXIII of GATT, otherwise known
as the Code on Subsidies and Countervailing Duties; chanroblesvirtualawlibrary
WHEREAS, upon accession to the GATT Code on Subsidies and
Countervailing Duties the Philippines has to align its national
legislation, regulations and administrative procedures on
countervailing investigations with the provisions of the Agreement;chanroblesvirtualawlibrary
WHEREAS, Section 302 of the Tariff and Customs Code, as amended, does
not provide for an injury criterion before a countervailing duty could
be imposed against a foreign article and, therefore, not in accord with
the GATT Code on Subsidies and Countervailing Duties.
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 decree and order: chanroblesvirtualawlibrary
Section 1. Subsection (a) of Section 302 of
Presidential Decree Numbered Fourteen Hundred Sixty-Four as amended, is
hereby further amended to read as follows:cralaw:red
"Sec. 302. Countervailing Duty. —chanroblesvirtualawlibrary
"a. Whenever any article is directly or indirectly
granted any bounty, subsidy or subvention upon its production,
manufacture or exportation in the country of origin and/or exportation,
and the importation of which has been determined by the Minister, after
investigation and report of the Commission, as likely to injure
established industry, or prevent or considerably retard the
establishment of an industry in the Philippines, there shall be levied
a countervailing duty equal to the ascertained or estimated amount of
such bounty, subsidy or subvention: Provided, that the injury criterion
to a domestic industry shall be applied only in the case of imports
from countries which adhere to GATT Code on Subsidies and
Countervailing Duties: Provided, further, That the exemption of any
exported article from duty or tax imposed on like articles when
destined for consumption in the country or origin and/or exportation or
the refunding of such duty or tax, shall not be deemed to constitute a
grant of a bounty, subsidy or subvention within the meaning of this
Section: Provided, furthermore, That should an article be allowed
drawback by the country of origin and/or exportation, only the
ascertained or estimated excess of the amount of the drawback over the
total amount of the duties and/or internal taxes, if any, shall
constitute a bounty, subsidy or subvention: Provided, finally, That
petitions for imposition of countervailing duty shall be filed with the
Minister of Finance. Upon finding of a prima facie case of bounty,
subsidy or subvention enjoyed by the imported article and injury to, or
likelihood of injury to a domestic industry. The Minister shall refer
the case to the Tariff Commission for investigation and shall instruct
the Commissioner of Customs, to require the filing of countervailing
bonds for importations entered during the pendency of countervailing
proceedings. chanroblesvirtualawlibrary
Section 2. Repealing Clause./Any provision of law,
decree, rules and regulations inconsistent herewith are hereby deemed
repealed, amended or modified accordingly. chanroblesvirtualawlibrary
Section 3. Effectivity Clause. — This Decree shall
take effect immediately.
DONE in the City of Manila,
this 13th of April, nineteen hundred and eighty-five.
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