Article 171p. 171

NATIONAL INTERNAL REVENUE CODE TAXATION, TARIFF and CUSTOMS LAWS

necessary

recommendation

to

the

Minister

for

the

discontinuance or modification of such dumping duty.

Any decision or order made under this section by the

Minister shall be published in the Official Gazette and/or

in a newspaper of general circulation.

k. Any dumping decision promulgated by the Minister

shall be effective for a period of five years from the time

of its promulgation except upon the representation of the

interested

party

of

the

necessity

to

continue

the

implementation

of said decision, in which case the

Minister shall advise the Commission to conduct an

investigation to determine whether the conditions in

paragraph b- 1 and b- 2 still exist. The action for extension

shall be brought before the Minister at least six (6)

months before the expiration of the period.

The findings of the Commission shall be submitted to the

Minister at least three (3) months before the expiration of

the period.

All industries protected by any dumping decision for five

years or more from the time of its promulgation may

apply for extension to the Minister within six (6) months

from effectivity of this decree. The decision shall be

deemed terminated upon failure to file the application

within the period so provided.

l. The Minister and the Commission shall promulgate all

rules

and

regulations

necessary

to

carry

out

their

respective functions under this section.

SECTION 302. Countervailing Duty. —

a. Whenever any article is directly or indirectly granted

any bounty, subsidy or subvention upon its production,

manufacture or exportation in the country of origin

and/or exportation, and, the importation of which has

been determined by the Minister, after investigation and

report

of

the

Commission,

there

shall

be

levied

a

countervailing duty equal to the ascertained or estimated

amount of such bounty, subsidy or subvention: Provided,

That the exemption of any exported article from duty or

tax

imposed

on

like

articles

when

destined

for

consumption in the country of origin and/or exportation,

or the refunding of such duty or tax, shall not be deemed

to constitute a grant of a bounty, subsidy or subvention

within the meaning of this section: Provided, further, That

should an article be allowed drawback by the country of

origin

and/or

exportation,

only

the

ascertained

or

estimated excess of the amount of the drawback over the

total amount of the duties and/or internal taxes, if any,

shall constitute a bounty, subsidy or subvention: Provided,

finally, That petitions for imposition of countervailing

duty shall be filed with the Minister of Finance. Upon

finding of a prima facie case of bounty, subsidy or

subvention enjoyed by the imported article, the Minister

shall

refer

the

case

to

the

Tariff

Commission

for

investigation and shall instruct the Commissioner of

Customs to require the filing of countervailing bonds for

importations

entered

during

the

pendency

of

countervailing proceedings.

b. The Minister shall, after receipt of the reports of the

Commission, decide whether the article in question is

granted any bounty, subsidy or subvention and if so, fix

the countervailing duty equal to the ascertained or

estimated bounty, subsidy or subvention. He shall give

due

notice

of

his

decision

and

shall

direct

the

Commissioner of Customs to cause the countervailing

duty to be levied, collected and paid in addition to any

ordinary duties, taxes and charges imposed by law on

such article and on articles of the same specific kind or

class

subsequently

imported

under

similar

circumstances;

c. Pending investigation and final decision of the case,

the article in question shall not be released from customs

custody to the owner except upon the filing of a bond

twice the amount of the dutiable value thereof;

d. The article, if not previously released under bond as

provided

for

in

this

section, shall be released after

payment by the party concerned of the corresponding

countervailing duty in addition to any ordinary duties,

taxes and charges, if any, or re-exported upon the filing of

a bond in an amount twice the estimated dutiable value

of the article, conditioned upon the presentation of a

landing certificate issued by a consular officer of the

Philippines at the country of destination. If the article has

been

previously

released

under

bond,

the

party

concerned shall be required to pay the corresponding

countervailing duty in addition to ordinary duties, taxes

and other charges, if any;

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

application

of

any

interested

party

finds

that

the

condition

which

necessitated

the

imposition

of

the

countervailing duty has ceased to exist, it shall submit the

necessary

recommendations

to

the

Minister for the

discontinuance of the imposition of that duty. Any order

made

under

this

section

by

the

Minister

shall

be

published in the Official Gazette and/or in a newspaper of

general circulation;

f. Any countervailing decision rendered 5 years or more

from the time of the promulgation of this decree shall be

deemed terminated unless it can be shown by the parties

concerned that there still exists a bounty, subsidy or

subvention

upon

the

production,

manufacture

or

exportation of like goods in the Philippines; and

g. The Minister and the Commission shall promulgate all

rules

and

regulations

necessary

to

carry

out

their

respective functions under this section.

SECTION

303.

Marking

of

Imported

Articles

and

Containers . —

a. Marking of Articles . — Except as hereinafter provided,

every article of foreign origin (or its container, as provided

in subsection "b" hereof) imported into the Philippines

shall be marked in any official language of the Philippines

and in a conspicuous place as legibly, indelibly and

permanently as the nature of the article (or container) will

permit in such manner as to indicate to an ultimate

purchaser in the Philippines the name of the country of

origin of the article. The Commissioner of Customs shall,

with the approval of the department head, issue rules

and regulations to —

(1) Determine the character of words and phrases or

abbreviation

thereof

which

shall

be

acceptable

as

indicating

the

country

of

origin

and

prescribe

any

reasonable method of marking, whether by printing,

stenciling, stamping, branding, labeling or by any other

reasonable method, and a conspicuous place on the

article or container where the marking shall appear.

(2) Require the addition of any other words or symbols

which

may

be

appropriate to prevent deception or

mistake as to the origin of the article or as to the origin of

any other article with which such imported article is

usually combined subsequent to importation but before

delivery to an ultimate purchaser; and

(3)

Authorize the exception of any article from the

requirements of marking if —

(a) Such article is incapable of being marked;

(b) Such article cannot be marked prior to shipment to

the Philippines without injury;

(c) Such article cannot be marked prior to shipment to

the

Philippines,

except

at

an

expense economically

prohibitive of its importation;

(d)

The

marking of a container of such article will

reasonably indicate the origin of such article;

(e) Such article is a crude substance;

(f) Such article is imported for use by the importer and

not intended for sale in its imported or any other form;

(g) Such article is to be processed in the Philippines by

the importer or for his account otherwise than for the

purpose of concealing the origin of such article and in

such manner that any mark contemplated by this section

would

necessarily

be

obliterated,

destroyed

or

permanently concealed;

© Compiled by RGL

171 of 201