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

MALACAÑANG
M a n i l a

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

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;

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;

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...

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Amending Subsection (a) of Section 302 of the Tariff and Customs Code of 1978

- Countervailing Duty
• Levied on imported articles granted bounty, subsidy or subvention upon production, manufacture or exportation in the country of origin/exportation (Section 1)
• Equal to the ascertained or estimated amount of such bounty, subsidy or subvention (Section 1)
• Injury criterion to domestic industry applies only for imports from GATT Code on Subsidies and Countervailing Duties adherents (Section 1)
• Exemption from duty/tax or refund of such duty/tax on exported articles not deemed a bounty, subsidy or subvention (Section 1)
• If drawback allowed, only excess over total duties/internal taxes constitutes bounty, subsidy or subvention (Section 1)
• Petitions for countervailing duty filed with Minister of Finance (Section 1)
• Upon prima facie case of bounty, subsidy, subvention and injury, Minister refers case to Tariff Commission for investigation (Section 1)
• Commissioner of Customs instructed to require countervailing bonds during pendency of proceedings (Section 1)

- Repealing Clause (Section 2)

- Effectivity Clause (Section 3)