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PRESIDENTIAL DECREE NO. 1999
PRESIDENTIAL DECREE NO. 1999 -
AMENDING Section 301 OF PRESIDENTIAL DECREE NO. 1464 OTHERWISE KNOWN AS
THE TARIFF AND CUSTOMS CODE OF 1978 AS AMENDED
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WHEREAS, it
is the government concern to provide domestic industries government
measures against unfair trade practices;chanroblesvirtualawlibrary
WHEREAS, the present provision or dumping under Section 301 of the
Tariff and Customs Code needs further strengthening and modification to
provide domestic industries adequate trade measures to face this
eventuality. chanroblesvirtualawlibrary
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:cralaw:red
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:cralaw:red
"b. The Commission, upon receipt of the advice from
the Minister shall conduct an investigation to:cralaw:red
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;chanroblesvirtualawlibrary
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:cralaw:red
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 chanroblesvirtualawlibrary
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." chanroblesvirtualawlibrary
"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."
Section 2. The provisions of Subparagraph "c" and
"d" of the same section are hereby amended to read as follows:cralaw:red
"(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."
Section 3. The first sentence of subparagraph "i" of
the same Section shall be amended to read as follows:cralaw:red
"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."
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xxx
xxx
Section 4. The Minister and the Commission shall
promulgate all rules and regulations necessary to carry out their
respective functions under this section.
Section 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.
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