WHEREAS,
Republic Act No. 6125 was amended enacted as a revenue raising measure
and as a stabilization device to withdraw excessive money supply
generated by windfall gains in the export sector due to the change in
the exchange rate of the peso;chanroblesvirtualawlibrary
WHEREAS, this fiscal measure can generate more benefits to the economy
if made a permanent feature of our tariff system as an export duty and
used as instrument to promote certain economic objectives of
stabilization and industrialization;chanroblesvirtualawlibrary
WHEREAS, the primary strategy in our export policy now is the
restructuring of our export sector by including them processing of
traditional export products and giving encouragement to exports of
manufactured and semi-processed goods;chanroblesvirtualawlibrary
WHEREAS, it is appropriate to transfer assessment and collection of the
export duty from the Central Bank to the Bureau of Customs;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines and
pursuant to Proclamation No. 1081, dated September 21, 1972,
Proclamation No. 1104, dated January 17, 1973 and General Order No. 1,
dated September 22, 1972, as amended, in order to make the tariff
system an effective tool for the implementation of the desired changes
and reforms in our Society, do hereby order and decree:cralaw:red
Section 1. Republic Act No. 6125, as amended, is
hereby repealed and a new Title III is inserted in Book I of the Tariff
and Customs Code to read as follows:cralaw:red
"TITLE III — EXPORT TARIFF
"Sec. 514. Export Products Subject to Duty and Rates.
— There shall be levied, assessed and collected a duty on the gross
F.O.B. value at the time of shipment based on the prevailing rate of
exchange, of the following products in accordance with the following
schedule:cralaw:red
WOOD PRODUCTS:
(1) Logs, including poles 10%
(2) Lumber 4%
(3) Veneer, face and core 4%
(4) Plywood 4%
MINERAL PRODUCTS:
(1) Metallic ores and concentrates
(a) Copper 6%
(b) Iron 4%
(c) Chromite 4%
(2) Gold 4%
(3) Non-Metallic
(a) Clinker,
cement 4%
(b) Portland
cement 4%
(4) Mineral Fuel
(a) Bunker Fuel
Oil 4%
(b) Petroleum
Pitch 4%
PLANT AND VEGETABLE PRODUCTS:
(1) Abaca
(a) Stripped hemp,
unmanufactured
4%
(2) Bananas 4%
(3) Coconut
(a)
Copra
6%
(b) Coconut
Oil
4%
(c) Copra meal or
cake
4%
(d) Desiccated
coconut
4%
(4) Pineapple
(a) Pineapple sliced or
crushed
4%
(b) Pineapple juice or juice
concentrate 4%
(5) Sugar and Sugar Products
(a) Centrifugal
Sugar
6%
(b)
Molasses
4%
(6) Tobacco
(a) Tobacco
leaf 4%
(b) Scrap
tobacco 4%
ANIMAL PRODUCTS
(1) Shrimps and
prawns 4%
For purposes of computing the duty, the cost of packaging and crating
materials shall be deductible from the export value, provided such
materials are domestically manufactured using a substantial portion of
local raw materials, as determined by the Board of Investments. chanroblesvirtualawlibrary
"Sec. 515. Flexible Clause. — The President, upon
recommendation of the National Economic and Development Authority, may
subject any of the above products to higher or lower rates of duty
provided in this Title, include additional products, exclude or exempt
any product from this Title, or additionally subject any product to an
export quota. In the exercise of this authority the President shall
take into account: (1) the policy of encouraging domestic processing;
(2) the prevailing prices of export products in the world market; (3)
the advantages obtained by export products from international
agreements to which the Philippines is a signatory; (4) the
preferential treatment granted to our export products by foreign
government; and (5) the need to meet domestic consumption
requirements. chanroblesvirtualawlibrary
"Sec. 516. Assessment and Collection of the Duty. —
The duty shall be assessed by the Bureau of Customs and collected by
the Bureau thru authorized agent banks of the Central Bank not later
than 30 days from the date of shipment.
"Sec. 517. Deficiency and Surcharges. — In case the
duty is not fully paid at the time specified hereof, the deficiency
shall be increased by an amount equivalent to twenty-five per centum
thereof, the total to be collected in the same manner as the duty.
Where the deficiency is the result of false or fraudulent statements or
representations attributable to the exporter, the surcharge shall be
fifty per centum. chanroblesvirtualawlibrary
"Sec. 518. Allotment and Disposition of the Proceeds.
— The proceeds of this duty shall accrue to the General Fund and shall
be allotted for development projects; except that one per centum (1%)
annually shall be set aside for the Export Assistance Fund to be
administered by the Board of Investments and expended in accordance
with the General Appropriation Act to finance export promotion
projects; however, thirty per cent of this 1% shall accrue to the
Bureau of Customs which shall constitute as its intelligence fund to be
disbursed by the Commissioner of Customs in the implementation of this
Decree, such as but not limited to the purchase of equipment, hiring of
personnel if necessary and for such other operational expenses in the
promotion of the export industry.
Section 2. The Commissioner of Customs shall
promulgate the rules and regulations necessary for the implementation
of this Decree, subject to the approval of the Secretary of Finance.
Section 3. All laws, decrees, rules and regulations
which are inconsistent herewith are hereby amended or modified
accordingly.
Section 4. This Decree shall take effect July 1,
1973.
Done in the City of Manila,
this 28th day of June, in the year of Our Lord, nineteen hundred and
seventy-three.
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