Article 170p. 170

NATIONAL INTERNAL REVENUE CODE TAXATION, TARIFF and CUSTOMS LAWS

the weight, volume and quantity at the time of their entry

into

the

warehouse

or

the

date

of

abandonment,

forfeiture and/or seizure.

SECTION 206. Entry, or Withdrawal from Warehouse, for

Consumption .

—

Imported articles shall be deemed

"entered" in the Philippines for consumption when the

specified entry form is properly filed and accepted,

together with any related documents required by the

provisions of this Code and/or regulations to be filed with

such form at the time of entry, at the port or station by

the customs official designated to receive such entry

papers and any duties, taxes, fees and/or other lawful

charges required to be paid at the time of making such

entry have been paid or secured to be paid with the

customs

official

designated to receive such monies,

provided that the article has previously arrived within the

limits of the port of entry.

Imported articles shall be deemed "withdrawn" from

warehouse in the Philippines for consumption when the

specified form is properly filed and accepted, together

with any related documents required by any provisions of

this Code and/or regulations to be filed with such form at

the

time

of

withdrawal,

by

the

customs

official

designated to receive the withdrawal entry and any

duties, taxes, fees and/or other lawful charges required to

be paid at the time of withdrawal have been deposited

with the customs official designated to receive such

payment.

PART 2 Special Duties

SECTION 301. Dumping Duty. —

a. Whenever the Minister of Finance (hereinafter called

the "Minister") has reason to believe, from invoices or

other

documents

or

newspapers,

magazines

or

information made available by any government agency

or interested party, that a specific kind or class of foreign

article, is being imported into, or sold or is likely to be sold

in the Philippines, at a price less than its fair value, the

importation or sale of which might injure, or retard the

establishment

of,

or

is

likely

to

injure,

an

industry

producing like goods in the Philippines, he shall so advise

the

Tariff

Commission

(hereinafter

called

the

"Commission"),

and

shall

instruct

the

Collector

of

Customs to require an anti-dumping bond of twice the

dutiable value of the imported article coming from the

specific country.

b. The Commission, upon receipt of such advice from the

Minister shall conduct an investigation to:

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;

2. Determine if, as a result thereof, an industry producing

like goods in the Philippines is being injured or is likely to

be injured or is retarded from being established by

reason of the importation or sale of that kind or class of

article into the Philippines. Provided, That a finding that

an article is being imported into the Philippines at a price

less than its fair value shall be deemed prima facie proof

of injury, or retarding the establishment of an industry

producing like goods in the Philippines: And provided,

further ,

That

in

determining

whether

the

domestic

industry has suffered or is being threatened with injury,

the Commission shall determine whether the wholesale

prices at which the domestic products are sold are

reasonable, taking into account the cost of raw materials,

labor, overhead, a fair return on investment and the

overall efficiency of the industry; and

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 one month

after the termination of the public hearing.

c.

The

Minister

shall,

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 article, 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 subsection "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. 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.

e. Pending investigation and final decision of the case,

the article in question, and articles of the same specific

kind

or

class

subsequently

imported

under

similar

circumstances, shall be released to the owner, importer,

consignee or agent upon the giving of a bond in an

amount equal to twice the estimated dutiable value

thereof.

f. Any aggrieved party may appeal only the amount of the

dumping duty to the Court of Tax Appeals in the same

manner and within the same period provided for by law

in the case of appeal from decision of the Commissioner

of Customs.

g. (1) The article, if it has not been previously released

under bond as provided for in subsection "e" hereof, shall

be released after payment by the party concerned of the

corresponding dumping duty in addition to any ordinary

duties, taxes, and charges, if any, or re-exported by the

owner, importer, consignee or agent, at his option and

expense, upon the filing of a bond in an amount equal to

twice

the

estimated

dutiable

value

of

the

article,

conditioned

upon presentation of landing certificate

issued by a consular officer of the Philippines at the

country of destination; or

(2) If the article has been previously released under bond,

as provided in subsection "e" hereof, the party concerned

shall be required to pay the corresponding dumping duty

in addition to any ordinary duties, taxes and charges, if

any.

h. Any investigation to be conducted by the Commission

under this section shall include a public hearing or

hearings where the owner, importer, consignee or agent

of the imported article, the local producers of a like article,

other parties directly affected, and such other parties as

in the judgment of the Commission are entitled to

appear, shall be given an opportunity to be heard and to

present evidence bearing on the subject matter.

i. The established dumping duty shall be subject to

adjustment based on the prevailing home consumption

price or in the absence thereof, the cost of production.

The Commission shall conduct quarterly examination

and/or verification of the fair value to determine the

necessity

of

adjustment.

Should

the

Minister,

upon

receipt of the report of the Commission, find that there is

a

need

for

an

adjustment

he

shall

direct

the

Commissioner

of

Customs

to

effect

the

necessary

adjustment in dumping duty.

The Philippine Finance Attachè or, in the absence thereof,

the Commercial Attachè or, in the absence thereof, the

diplomatic officer and/or consular officer abroad shall be

advised by the Minister of any article covered by dumping

decision. The concerned Attachè or the Officer shall

submit quarterly report on home consumption prices, or

in the absence thereof, the cost of production, of said

articles to the Minister and the Commission, thru the

department head.

j. Whenever the Commission, on its own motion or upon

application of any interested party, finds that any of the

conditions which necessitated the imposition of the

dumping duty has ceased to exist, it shall submit the

© Compiled by RGL

170 of 201