EXECUTIVE ORDER NO. 1073 January 1, 1986
PRESCRIBING SAFEGUARDS FOR DOMESTIC INDUSTRIES UPON THE LIFTING OF IMPORT LICENSING FOR CERTAIN PRODUCTS
WHEREAS, the lifting of redundant import licensing is an important component in the economic recovery program;
WHEREAS, domestic industries need to be assured of effective tariff protection and efficient mechanisms against unfair trade practices of some countries and/or unscrupulous activities of certain importers;
WHEREAS, certain provisions of the Tariff and Customs Code need to be clarified for the effective implementation of the anti-dumping measure and customs valuation procedures;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, by Section 401 of Presidential Decree No. 1464 and by Presidential Decree No. 1416, as amended, do hereby order and ordain:
I. LIFTING OF REDUNDANT IMPORT LICENSING
Sec. 1. The Central Bank shall eliminate import licensing requirements prescribed under Central Bank Circular No. 1029 for all products, except for such products as may be determined by the Ministry...
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Executive Orders
Prescribing Safeguards For Domestic Industries Upon The Lifting Of Import Licensing For Certain Products
Executive Order No. 1073
Summary of Executive Order No. 1073
I. Lifting of Redundant Import Licensing (Sec. 1):
- The Central Bank shall eliminate import licensing requirements for all products, except those determined by the Ministry of Trade and Industry to require continued regulation for one year.
II. Establishment of an Anti-Import Surge Mechanism (Sec. 2):
- The Central Bank shall monitor imports by requiring importers to secure approval from a designated agency, upon determination by the Ministry of Trade and Industry of an unreasonable surge in imports that may injure a local industry or the economy.
- The monitoring shall be terminated when the domestic industry achieves a stable production level and the market normalizes.
III. Creation of the Import Valuation Review Committee (Sec. 3):
- An Import Valuation Review Committee is created, composed of representatives from the Board of Investments (Chairman), Bureau of Customs, Central Bank, domestic manufacturers, and importers.
- The Committee shall hear complaints from domestic manufacturers regarding import valuation and submit findings to the Commissioner of Customs for resolution.
IV. Creation of an Inter-Agency Inspection Team (Sec. 4):
- An Inter-Agency Inspection Team is created, composed of representatives from the Ministry of Trade and Industry (Chairman), Bureau of Customs, and Central Bank.
- The Team shall investigate traders, wholesalers, retailers, and others reported to trade or possess goods imported in violation of regulations.
- The Team has the authority to require proof of authorized importation and seize products if unable to prove compliance.
V. Strengthening Anti-Dumping Measure (Sec. 5-6):
- The Ministry of Trade and Industry is authorized to certify the existence of a prima facie case of dumping.
- Upon certification, the Ministry of Finance shall require importers to file a bond equal to twice the estimated dutiable value of the articles before release.
- Provisions for determining fair market value, state-controlled economies, imputing comparable domestic costs, and adopting a compromise on fair market value are outlined.
VI. Strengthening Countervailing Measure (Sec. 7):
- The Ministry of Trade and Industry is authorized to certify the existence of a prima facie countervailing case against imported articles granted bounty, subsidy, or subvention.
- Upon certification, the Ministry of Finance shall require the filing of countervailing bonds for importations during the pendency of proceedings.
VII. Disposal of Abandoned and Seized Products (Sec. 8-10):
- Abandoned shipments subject to an anti-dumping protest shall be exported, sold to an injured party (local producer) at a negotiated price, or disposed of according to the Tariff and Customs Code.
- Products imported without clearance shall be seized and exported, sold to an injured party, or disposed of according to the Tariff and Customs Code.
VIII. Compliance with Product Quality Standards (Sec. 11):
- Imports of any item may be required to meet product quality standards set by the Product Standards Agency and/or appropriate agencies, as determined by the Ministry of Trade and Industry.
IX. Other Provisions (Sec. 12-13):
- Inconsistent issuances are repealed or amended accordingly.
- The Executive Order takes effect on January 1, 1986.
I. Lifting of Redundant Import Licensing (Sec. 1):
- The Central Bank shall eliminate import licensing requirements for all products, except those determined by the Ministry of Trade and Industry to require continued regulation for one year.
II. Establishment of an Anti-Import Surge Mechanism (Sec. 2):
- The Central Bank shall monitor imports by requiring importers to secure approval from a designated agency, upon determination by the Ministry of Trade and Industry of an unreasonable surge in imports that may injure a local industry or the economy.
- The monitoring shall be terminated when the domestic industry achieves a stable production level and the market normalizes.
III. Creation of the Import Valuation Review Committee (Sec. 3):
- An Import Valuation Review Committee is created, composed of representatives from the Board of Investments (Chairman), Bureau of Customs, Central Bank, domestic manufacturers, and importers.
- The Committee shall hear complaints from domestic manufacturers regarding import valuation and submit findings to the Commissioner of Customs for resolution.
IV. Creation of an Inter-Agency Inspection Team (Sec. 4):
- An Inter-Agency Inspection Team is created, composed of representatives from the Ministry of Trade and Industry (Chairman), Bureau of Customs, and Central Bank.
- The Team shall investigate traders, wholesalers, retailers, and others reported to trade or possess goods imported in violation of regulations.
- The Team has the authority to require proof of authorized importation and seize products if unable to prove compliance.
V. Strengthening Anti-Dumping Measure (Sec. 5-6):
- The Ministry of Trade and Industry is authorized to certify the existence of a prima facie case of dumping.
- Upon certification, the Ministry of Finance shall require importers to file a bond equal to twice the estimated dutiable value of the articles before release.
- Provisions for determining fair market value, state-controlled economies, imputing comparable domestic costs, and adopting a compromise on fair market value are outlined.
VI. Strengthening Countervailing Measure (Sec. 7):
- The Ministry of Trade and Industry is authorized to certify the existence of a prima facie countervailing case against imported articles granted bounty, subsidy, or subvention.
- Upon certification, the Ministry of Finance shall require the filing of countervailing bonds for importations during the pendency of proceedings.
VII. Disposal of Abandoned and Seized Products (Sec. 8-10):
- Abandoned shipments subject to an anti-dumping protest shall be exported, sold to an injured party (local producer) at a negotiated price, or disposed of according to the Tariff and Customs Code.
- Products imported without clearance shall be seized and exported, sold to an injured party, or disposed of according to the Tariff and Customs Code.
VIII. Compliance with Product Quality Standards (Sec. 11):
- Imports of any item may be required to meet product quality standards set by the Product Standards Agency and/or appropriate agencies, as determined by the Ministry of Trade and Industry.
IX. Other Provisions (Sec. 12-13):
- Inconsistent issuances are repealed or amended accordingly.
- The Executive Order takes effect on January 1, 1986.