I,
FERDINAND E. MARCOS, President of the Philippines by virtue of the
powers vested in me by the Constitution, do hereby amend pertinent
provisions of the Tariff and Customs Code as follows:cralaw:red
Section 1. Section 106 (c) of the Tariff and Customs
Code, as amended, is hereby further amended to read as follows:cralaw:red
"(c) On Articles made from Imported Materials. —chanroblesvirtualawlibrary
Upon exportation of articles manufactured or produced in the
Philippines, including the packing, covering, putting up, marking or
labeling thereof either in whole or in part of imported materials for
which duties have been paid, refund or tax credit shall be allowed for
the duties paid on the imported materials so used including the
packing, covering, putting up, marking or labeling thereof, subject to
the following conditions:cralaw:red
1. The actual use of the imported materials in the
production or manufacture of the article exported with their quantity,
value and amount of duties paid thereon, having been established;chanroblesvirtualawlibrary
2. The duties refunded or credited shall not exceed
one hundred (100%) per cent of duties paid on the imported materials
used;chanroblesvirtualawlibrary
3. There is no determination by the National Economic
and Development Authority of the requirement for certification on
non-availability of locally-produced or manufactured competitive
substitutes for the imported materials used at the time of
importation; chanroblesvirtualawlibrary
4. The exportation shall be made within one (1) year
after the importation of materials used and claim of refund or tax
credit shall be filed within six (6) months from the date of
exportation;chanroblesvirtualawlibrary
5. When two or more products result from the use of
the same imported materials, an appointment shall be made on its
equitable basis.
For every application of a drawback, there shall be paid to and
collected by the Bureau of Customs as filing, procession and
supervision fees the sum of Five Hundred (P500.00) Pesos which amount
may be increased or decreased when the need arises by the Minister of
Finance upon the recommendation of the Commissioner of Customs."
"Sec. 2004. Verification by the Commissioner. —chanroblesvirtualawlibrary
A careful account shall be kept by the Collector of all articles
delivered by him to any bonded manufacturing warehouse, and a sworn
monthly return, verified by the customs officer-in-charge, shall be
made by the manufacturer containing a detailed statement of all
imported articles used by him in the manufacture of the exported
articles.
All documents, books and records of accounts concerning the operation
of any bonded manufacturing warehouse shall, upon demand, be made
available to the Collector of his representative for examination and/or
audit.
Before commencing business the operator of any bonded manufacturing
warehouse shall file with the Commissioner a list of all the articles
intended to be manufactured in such warehouse, and state the formula of
manufacture and the names and quantities of the ingredients to be used
therein." chanroblesvirtualawlibrary
Section 3. This Decree shall take effect thirty (30)
days after approval.
DONE in the City of Manila,
this 4th day of February, in the year of Our Lord, nineteen hundred and
eighty-six.
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