Heart Center Schedule of Trainings and Seminars - PDF

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					                              REPUBLIC OF THE PHILIPPINES
                           TARIFF COMMISSION
                           5th Floor, Philippine Heart Center Building
                               East Avenue, Diliman, Quezon City




January 25, 2010


Her Excellency
GLORIA MACAPAGAL-ARROYO
President of the Philippines
Malacañang, Manila

Madam President:

Pursuant to the provisions of Section 507 of the Tariff and Customs Code of the
Philippines (Presidential Decree No. 1464, as amended), I have the honor to submit
herewith the Annual Report of the Tariff Commission for Calendar Year 2009.



Very truly yours,




EDGARDO B. ABON
Chairman
                          VISION

The Tariff Commission         shall   be   The   prinCipal   and
independenT auThoriTy on Tariff, Trade remedy measures
and CompeTiTion poliCy To enhanCe indusTry CompeTiTiveness
and promoTe Consumer welfare.


                        MI S S I O N

The Tariff Commission, a key adviser To The exeCuTive and
legislaTive branChes of governmenT on Tariff and relaTed
maTTers, an independenT adjudiCaTory body on Trade
remedy Cases and an advoCaTe of a sTrong CompeTiTion law
and poliCy, remains CommiTTed To The pursuiT of good and
effeCTive governanCe.   in   The ConduCT of publiC hearings
and ConsulTaTions, we CommiT ourselves To balanCe wiTh
objeCTiviTy The inTeresTs of our sTakeholders, inCluding
Consumers.


where     our CompeTenCe in Tariff CommiTmenTs is required
in relaTion To inTernaTional Trade, we work harmoniously
wiTh oTher agenCies in promoTing The naTional inTeresT.


we   endeavor To seCure The besT for our sTaff, To hone
Their skills and develop To The fullesT Their poTenTials
even as we insTill in Them The values of honesTy, digniTy
and The pride inherenT in working for CounTry and
people.


The Tariff Commission         disCharges     iTs   duTies    and
responsibiliTies wiTh uTmosT CompeTenCe and effiCienCy
as a model of exCellenCe and inTegriTy in governmenT
serviCe.
                             Table of Contents

Letter to the President

Vision/Mission Statements

HIGHLIGHTS OF ACCOMPLISHMENT, 2009 ������������������������������������������ 1

COMMISSION CASELOAD, CY 2009 ���������������������������������������������������� 5

I�     SECTION 401 – MODIFICATION OF DUTY (FLEXIBLE CLAUSE) ������� 6

II�    SECTION 402 – PROMOTION OF FOREIGN TRADE �����������������������13

III�   TRADE REMEDY MEASURES �����������������������������������������������������24

IV�    SECTION 1313-a - TARIFF COMMODITY CLASSIFICATION �����������27

V�     SECTION 506 – ASSISTANCE TO THE PRESIDENT AND CONGRESS
       OF THE PHILIPPINES �������������������������������������������������������������� 29

VI�    ADVOCACY PROGRAM ������������������������������������������������������������ 38

VII�   OTHER ACTIVITIES ��������������������������������������������������������������� 40

       A� Competition Policy ������������������������������������������������������������� 40

       B� Project Proposal ���������������������������������������������������������������� 47

       C� Assistance to Stakeholders ������������������������������������������������� 47

TARIFF COMMISSION DIRECTORY ���������������������������������������������������� 63


Annex A
TARIFF COMMODITY CLASSIFICATION (TCC) RULINGS ISSUED IN 2009
Annex B
FOREIGN TRAININGS/SEMINARS ATTENDED
Annex C
LOCAL TRAININGS/SEMINARS ATTENDED
                                                           AnnuAl RepoRt 2009


HIGHLIGHTS OF ACCOMPLISHMENT, 2009

      Calendar Year 2009 was again a banner year for the Tariff Commission�
It continued its implementation of the relevant provisions of the Tariff and
Customs Code with the usual efficiency and thoroughness, notwithstanding
the temporary vacuum created by government reorganization under Executive
Order No� 366 which was implemented at the start of the year�

      In both local and international fronts, consultations and public hearings
were conducted, prior to the issuance by the President of several Executive
Orders meant to cure the plight of domestic industries reeling from the effects
of global economic meltdown�

      The undertakings of the Commission during the year again enhanced
its contribution in the national effort towards economic emancipation and
development�

      In a nutshell, following are the accomplishments of the Commission
during the year�


Section 401 – Modification of Duty (Flexible Clause)

      Public hearings were conducted on petitions for tariff modification initiated
by the private sector and the government as well during the year. The findings
and recommendations of the Commission on said petitions were submitted to
the National Economic and Development Authority (NEDA) for consideration
of the Tariff and Related Matters (TRM) Technical and Cabinet Committees�
The said public hearings resulted in the issuance of three (3) Executive Orders
(EOs), to wit:

   ™ EO No� 790 (Modifying the nomenclature and rates of import duty on
     various products under Section 104 of the Tariff and Customs Code of
     1978, as amended)�

   ™ EO No� 818 (Extending the effectivity of the zero rate of import duty
     on milling wheat under Section 104 of Presidential Decree No� 1464,
     otherwise known as the Tariff and Customs Code of 1978, as amended,
     as provided for under Section 3 of Executive Order No� 765, series of
     2008)�




                                                                                1
 AnnuAl RepoRt 2009


     ™ EO No� 819 (Extending the effectivity of the zero rate of import duties
       on cement and cement clinker under Section 104 of Presidential Decree
       No� 1464, otherwise known as the Tariff and Customs Code of 1978, as
       amended, as provided for under Section 3 of Executive Order No� 766,
       series of 2008)�


Section 402 – Promotion of Foreign Trade

        Public consultations were conducted regarding the Philippines’ regional
tariff commitments under the Association of Southeast Asian Nations (ASEAN);
ASEAN Integration System of Preferences (AISP); ASEAN Trade in Goods
Agreement (ATIGA); ASEAN-China Free Trade Area (ACFTA); and ASEAN-Korea
Free Trade Area (AKFTA)� With regard to WTO activities, the Commission
reviewed and verified the comments/changes made by the United States on the
Philippines’ HS 2002 Revised Schedule of Commitments submitted to the WTO,
and participated in the Workshop on Market Access for ASEAN Economies�

       During the year, the President signed the following EOs drafted by the
Commission concerning the implementation of the tariff commitments of the
Philippines arising from its membership in the ASEAN:

     ™ EO No� 812 (Modifying the rates of duty on certain imported articles as
       provided for under the Tariff and Customs Code of 1978, as amended, in
       order to implement the commitment to reduce the tariff rates on ninety
       percent (90%) of the products in the normal track to zero with flexibility
       under the ASEAN-Korea Free Trade Area [AKFTA])�

     ™ EO No� 814 (Modifying the rates of duty on certain imported articles as
       provided for under the Tariff and Customs Code of 1978, as amended, in
       order to implement the 2009-2012 Philippine schedule of tariff reduction
       under the Normal Track of the ASEAN-China Free Trade Area on certain
       products and to implement the transfer of certain tariff lines from the
       sensitive track to the normal track category of the ASEAN-China Free
       Trade)�




 2
                                                         AnnuAl RepoRt 2009


R.A. 8800 (Safeguard Measures Act of 2000)

       On June 29, 2009, the Commission submitted to the Department of Trade
and Industry (DTI) Secretary its Formal Investigation Report on the petition for
application of safeguard measure against the importation of steel angle bars�
The Commission found the existence of a causal link between the increased
imports and serious injury to the domestic industry and recommended a
specific safeguard duty of P7,700/MT to be imposed on imports of steel angle
bars effective for three (3) years counting from January 12, 2009, the date the
provisional measure took effect�

     On the monitoring of adjustment plans for the domestic flat glass industry,
the Commission submitted its monitoring report to the DTI Secretary on
January 30, 2009 with the finding that serious efforts were being undertaken
by the industry to comply with its adjustment plan and enhance its import
competitiveness�

      Regarding the request for the maximum extension of the imposition of
safeguard measure against the importation of figured glass and clear and tinted
float glass, the Commission recommended that the imposition of safeguard
measure on said products be extended for another three (3) years�


Section 1313-A — (Tariff Commodity Classification)

      One hundred ninety nine (199) tariff commodity classification rulings
were issued for the period covered�


Section 506 (Assistance to the President and Congress of the Philippines)

     The Commission provided technical assistance to the Senate and the
House of Representatives by way of submission of comments/recommendations
concerning proposed bills involving tariff and trade-related matters�




                                                                             3
 AnnuAl RepoRt 2009


HS/AHTN Implementation

     In connection with the HS/AHTN 2007 implementation, the Commission
undertook the following activities:

     ™ Publication of the AHTN TCCP (January 2009 edition) incorporating the
       latest Executive Orders reflecting the MFN (EOs 765 &766) and CEPT
       (EOs 613 & 703) rates of duty;

     ™ Alignment of products under the AFTA-CEPT and the proposed lists under
       the AJFTA, AANZFTA, AIFTA and AEUFTA;

     ™ Preparation of the Executive Orders on additional products for the Normal
       Track lists of the Philippines under AKFTA and ACFTA; and

     ™ Implementation of the commitment to reduce tariff rates on certain
       products included in the agreement between the Philippines and Japan
       (JPEPA)�


Competition Policy

      As an active advocate of Competition Policy, the Commission, among
others:

     ™ Supported the passage of a bill on Comprehensive Competition Law
        including the creation of a Fair Trade Commission;

     ™ Represented the Philippines in the ASEAN Expert Group on Competition
       (AEGC); and

     ™ Participated in various capacity building activities in the Philippines and
       around the region�


Advocacy Program

       Finally, the Commission continued its advocacy program in different
regions of the country by way of lectures/seminars on the latest developments
in trade and tariff policy�




 4
                                                            AnnuAl RepoRt 2009


                         COMMISSION CASELOAD, CY 2009

                  CASES
                                                REPORTS/                 REQUESTS/
                 BROUGHT    REQUESTS
                                                 CLASSI-    REQUESTS      RULINGS
                 FORWARD    RECEIVED/
    SUBJECT                             TOTAL   FICATION   WITHDRAWN/   OUTSTANDING
                   FROM     INITIATED
                                                RULINGS     WITHHELD        (as of
                 PREVIOUS    BY GOV’T
                                                 ISSUED                  Dec. 31, 2009)
                   YEAR

Section 401

Tariff              4          11        15        15          —              —
Modification

Section 402

AISP                —          1          1        1           —              —

ATIGA               —          1          1        1           —              —

ASEAN-China         —          1          1        1           —              —

ASEAN-Korea         —          3          3        3           —              —

ASEAN-ANZ           1          —          1        1           —              —

ASEAN-India         1          —          1        1           —              —

Section 1313-A

Tariff              33        224        257      199          22             0
Classification

R.A. 8800

Original            —          1          1        1           —              —

Extension           —          1          1        1           —              —

Monitoring          1          —          1        1           —              —
Review




                                                                                     5
 AnnuAl RepoRt 2009


I.      SECTION 401 – MODIFICATION OF DUTY (FLEXIBLE CLAUSE)

       Section 401 (Flexible Clause) of the Tariff and Customs Code of the
Philippines (TCCP) empowers the Commission to conduct public hearings on
individual requests and motu proprio petitions for tariff modification.

       Under this provision, the petitioner is required to accomplish Tariff
Commission Form No� 3 (Information for Tariff Adjustment) which is available
at the Commission� Relative to the conduct of Section 401 public hearings, the
Commission invites all interested parties and publishes notices of public hearings
in two (2) newspapers of general circulation� During the hearing, concerned
parties are given the opportunity to make oral presentations and to present
evidence in support of their positions� The Commission’s investigative process
also involves plant visits which include, among others, the ocular inspection of
both plant facilities and production process and the verification of the accuracy
and authenticity of some or all the data and information submitted in support
of the positions of the parties concerned�

      The Commission’s report of findings and recommendations are submitted
to the National Economic and Development Authority (NEDA) and deliberated
upon by the Tariff and Related Matters (TRM) Technical and Cabinet Committees�
Upon final approval by the NEDA Board, the Commission prepares the necessary
implementing Executive Order (EO) for signature of the President�

      For the period covered, the Commission conducted public hearings
covering various articles as shown below:


                    Public Hearings Conducted             Actions Taken by the
                                                          Commission/Status

 May 29, 2009

 Petitions for tariff modification on:

 Milling Wheat                                       EO 818 signed July 10, 2009.

 Cement and cement clinkers                          EO 819 signed July 10, 2009.

 Linear alkylbenzene sulphonate acid                 For CTRM deliberation.




  6
                                                                             AnnuAl RepoRt 2009



                   Public Hearings Conducted                                  Actions Taken by the
                                                                              Commission/Status

July 14, 2009

Petitions for tariff modification on:

Printed books, journals, music, maps and other printed matter;          Draft EO submitted to NEDA.
disc, tapes and other recorded media; stuff toys, jigsaw or picture
puzzles and other toys

August 6, 2009

Petitions for tariff modification on:

Mixed alkylbenzenes and mixed alkyl naphthalenes                        For CTRM deliberation after BOI
                                                                        verifies data.

Hot rolled steel; cold-rolled steel                                     For CTRM deliberation after BOI
                                                                        verifies data.

November 4, 2009

Petitions for tariff modification on:

Polyamide-6                                                             Report Submitted to NEDA.

Undenatured ethyl alcohol of an alcoholic strength by volume of         Report Submitted to NEDA.
80% vol or higher; ethyl alcohol and other spirits, denatured, of any
strength

Petroleum oils and oils obtained from bituminous minerals, crude;       For CTRM final deliberations.
petroleum oils and oils obtained from bituminous minerals, other
than crude; preparations not elsewhere specified or included,
containing by weight 70% or more of petroleum oils or of oils
obtained from bituminous minerals, these oils being the basic
constituents of the preparations; waste oils; asphalts

December 4, 2009

Petitions for tariff modification on:

Milling wheat                                                           EO 863 signed February 19, 2010

Cement and cement clinker                                               EO 862 signed February 19, 2010




                                                                                                        7
 AnnuAl RepoRt 2009




           Chairman Edgardo B. Abon, (above, center), Commissioners Edgardo R. Maralit (left) and
           Marilou P. Mendoza (right) during the Sections 401/402 public hearing/consultation on the
           petition for tariff modification on (a) mixed alkylbenzenes and mixed alkylnaphthalenes,
           (b) hot-rolled and cold-rolled steel products, and (c) the transfer of hot-rolled steel
           products and cold-rolled coils from the Philippines’ Sensitive List (SL) to the Normal
           track (NT) in the ASEAN-China Free Trade Area (ACFTA) and ASEAN-Korea Free Trade
           Area (August 6, 2009).




      During the year, the Commission drafted three (3) EOs signed by the
President:

     EO No. 790 (signed June 5, 2009)

     € Modifying the nomenclature and rates of import duty on various
       products under Section 104 of the Tariff and Customs Code of 1978
       (Presidential Decree No� 1464, as amended)�
     EO No. 818 (signed July 10, 2009)

     € Extending the effectivity of the zero rate of import duty on milling wheat
       under Section 104 of Presidential Decree No� 1464, otherwise known as
       the Tariff and Customs Code of 1978, as amended, as provided for under
       Section 3 of Executive Order No� 765, series of 2008�




 8
                                                                      AnnuAl RepoRt 2009


   EO No. 819 (signed July 10, 2009)

   € Extending the effectivity of the zero rate of import duty on cement
     and cement clinker under Section 104 of Presidential Decree No� 1464,
     otherwise known as the Tariff and Customs Code of 1978, as amended,
     as provided for under Section 3 of Executive Order No� 766, series of
     2008�


       The 2009 tariff schedule contained 8,986 AHTN lines which is approximately
1�30% more than the 8,871 AHTN lines in 2008 which contained major changes
in tariff nomenclature brought about by the AHTN 2007 amendments� In 2009,
few tariff adjustments were effected by certain EOs relating to MFN rates
implemented during the year, to wit: EOs 790, 818 and 819�

      The tariff structure in 2009 ranged from 0% to 65%, of which fifty-nine
percent (59%) included rates of duty of 0% to 5%; thirty-four percent (34%)
comprised rates of duty of 7% to 15%; and only seven percent (7%) remained
at high level rates of duty of 20% to 65%�



                                           No. of Tariff Lines
             Tariff Level (%)                                         % Difference
                                       2008                 2009*
                    0                   344                     348       1.16
                    1                  2,129                2,140         0.52
                    3                  2,220                2,216        (0.18)
                    5                   604                     602      (0.33)
                    7                   889                     888      (0.11)
                    10                 1,078                1,107         2.69
                    15                 1,040                1,071         2.98
                    20                  171                     193      12.87
                    25                   4                       4        0.00
                    30                  217                     242      11.52
                    35                   23                     23        0.00
                    40                  125                     125       0.00
                    45                   5                       5        0.00
                    50                   18                     18        0.00
                    65                   4                       4        0.00
                 TOTAL                 8,871                8,986         1.30
            * as of EOs 818 and 819 (issued on July 10, 2009)




                                                                                       9
 AnnuAl RepoRt 2009




       Sugar and rice were given the highest tariff rates of 65% and 50%,
respectively� A total of 150 sensitive agricultural products were subject to in-
quota rates of 30% to 50% and out-quota rates of 35% to 65% (e�g�, rice, sugar,
coffee and coffee extracts, potatoes, certain live animals and animal products,
certain meat and edible meat offal)� Rates of duty of 20% to 30% were
basically levied on automobiles and parts, chemical wastes, made-up textile
articles, high value crops, in-quota agricultural products and other strategic
merchandise; 5% to 15% rates of duty were applied to locally manufactured
intermediate goods; and 3% and below rates of duty were levied on WTO
Information Technology products, inputs to manufactured goods and those
that are not locally produced�




 10
                                                                                          AnnuAl RepoRt 2009


                                                                    Simple-Average                  Trade-Weighted
            Sector                           Year
                                                                       Tariff (%)                  Average Tariff (%)

                                             2005                           11.85                           13.12

                                             2006                           11.85                           12.76
Agriculture
                                             2007                           11.82                           12.82
(HS Chapters 1-24)
                                             2008                           11.95                           12.00

                                             2009                           11.94                           16.93

                                             2005                           2.47                            2.86

                                             2006                           2.47                             2.76
Mining
                                             2007                           2.47                            2.79
(HS Chapters 25-26)
                                             2008                           2.47                            2.79

                                             2009                           2.28                             2.70

                                             2005                           7.29                             3.16

                                             2006                           7.26                            3.25
Manufacturing
                                             2007                           7.32                            3.69
(HS Chapters 27-97)
                                             2008                           6.08                             3.71

                                             2009                           6.53                            3.90

                                             2005                           7.81                             4.11

                                             2006                           7.77                             4.11
Overall
                                             2007                           7.82                            4.59
(HS Chapters 1-97)
                                             2008                           6.95                            4.52

                                             2009                           7.34                            5.62
Notes:
    •    Tariffs were weighted using import levels for the year except for 2009 where averages were calculated using 2008
         imports as weights
    •    Averages were calculated based on ad valorem duties under EOs 818 and 819




                                                                                                                            11
 AnnuAl RepoRt 2009


      The average applied MFN tariffs in 2009 increased by 5�61% from last
year’s level� This came about as a result of the extraction of additional alpha-
numeric tariff lines (representing Philippine national subheadings) specifically
in the manufacturing sector and the reversion of the MFN rate of duty on feed
wheat (AHTN Code 1001�90�99) from 0% to 7% under EO 818 (issued on July
10, 2009). The significant volume of importations in the agricultural sector
levied tariff quotas (e�g�, rice, coffee, tobacco, meat of bovine animals, etc�)
resulted to about 24% increase in the overall trade-weighted average tariff in
2009�




         The petitioner clarifies a point during the Section 401 public hearing on the petition for
         tariff modification on hot-rolled and cold-rolled steel products (August 6, 2009).




 12
                                                                       AnnuAl RepoRt 2009


II.    SECTION 402 – PROMOTION OF FOREIGN TRADE

      In order to expand the foreign market for Philippine products, the
Commission is mandated to conduct public consultations with interested
parties before the Philippines (1) enters into any trade agreement with any
foreign government or instrumentality thereof; and (2) modifies import duties
(including any necessary change in classification) and other import restrictions,
as are required or appropriate to carry out and promote foreign trade�

     Interested parties may petition the Commission for tariff modification
under Section 402 while submitting the required duly accomplished Tariff
Commission Form 4 (Request for Withdrawal/Suspension of Concessions)�

     Concerned parties are invited to these consultations the schedules and
product coverage of which are published in two (2) leading newspapers of
general circulation�

      As in Section 401 hearings, the Commission affords each interested party
reasonable opportunity to express his views during the public consultation�
In order to verify the positions/evidences presented, plant visits are likewise
conducted by the Commission� Findings and recommendations are submitted
to NEDA which then schedule these for deliberation by the TRM Technical and
Cabinet Committees. Upon final approval by the NEDA Board, the Commission
prepares the necessary implementing Executive Order (EO) for signature of the
President�


       A� The Commission, during the year, held Section 402 public consultations
          regarding:

                     Trade Forum/Subject                                Actions Taken by the
                                                                        Commission/Status

 ASEAN Integration System of Preferences (AISP)

 May 29, 2009

 Request of Myanmar under the ASEAN Integration System of          Report submitted to NEDA.
 Preferences (AISP).

 ASEAN Trade In Goods Agreement (ATIGA)

 June 16, 2009

 To determine the Tariff Reduction Modality for Rice under AHTN    Report submitted to NEDA.
 10.06 in compliance with the Phasing-In of Rice from the Highly
 Sensitive List (HSL) to the Inclusion List (IL).



                                                                                               13
AnnuAl RepoRt 2009



                      Trade Forum/Subject                                     Actions Taken by the
                                                                              Commission/Status

ASEAN-China Free Trade Area

August 6, 2009

Request to transfer hot-rolled steel coils and cold-rolled steel coils   Report submitted to NEDA.
from the Philippines’ Sensitive List (SL) to the Normal Track (NT).

ASEAN-Korea Free Trade Area

August 6, 2009

Request to transfer hot-rolled steel coils and cold-rolled steel coils   Report submitted to NEDA.
from the Philippines’ Sensitive List (SL) to the Normal Track (NT).

December 4, 2009

Request to transfer cochin / refined coconut oil from the Philippines    Preliminary report submitted to
Sensitive Track List (ST) to the Normal Track (NT).                      NEDA.

List of products in the Sensitive List of Korea requested to
permanently waive the reciprocity principle under the AKFTA.




           Parties in attendance during the Section 401/402 public consultation on (a) the review
           of zero duty on milling wheat, cement and cement clinker; (b) the request to transfer
           cochin/refined coconut oil from the Philippines Sensitive Track list (ST) to the Normal
           Track (NT) under the ASEAN-Korea Free Trade Agreement (AKFTA); and (c) the list of
           products proposed to permanently waive the reciprocity principle under the AKFTA
           (December 4, 2009).




14
                                                                    AnnuAl RepoRt 2009




Commissioners Edgardo R. Maralit (left) and Marilou P. Mendoza (right) preside over
the Section 401/402 public consultation on (a) the review of zero duty on milling wheat,
cement and cement clinker; (b) the request to transfer cochin/refined coconut oil from
the Philippines Sensitive Track list (ST) to the Normal Track (NT) under the ASEAN-Korea
Free Trade Agreement (AKFTA); and (c) the list of products proposed to permanently
waive the reciprocity principle under the AKFTA (December 4, 2009).




TC Technical Staff during the Section 401/402 public consultation on (a) the review of
zero duty on milling wheat, cement and cement clinker; (b) the request to transfer
cochin/refined coconut oil from the Philippines Sensitive Track list (ST) to the Normal
Track (NT) under the ASEAN-Korea Free Trade Agreement (AKFTA); and (c) the list of
products proposed to permanently waive the reciprocity principle under the AKFTA
(December 4, 2009).



                                                                                           15
 AnnuAl RepoRt 2009


      B� For the period covered, the Commission drafted four (4) EOs signed
         by the President:

      € EO No� 812 (signed June 15, 2009)

         Modifying the rates of duty on certain imported articles as provided for
         under the Tariff and Customs Code of 1978, as amended, in order to
         implement the commitment to reduce the tariff rates on ninety percent
         (90%) of the products in the normal track to zero with flexibility under
         the ASEAN-Korea Free Trade Area (AKFTA)�

      € EO No� 814 (signed June 30, 2009)

         Modifying the rates of duty on certain imported articles as provided for
         under the Tariff and Customs Code of 1978, as amended, in order to
         implement the 2009-2012 Philippine schedule of tariff reduction under
         the Normal Track of the ASEAN-China Free Trade Area on certain
         products and to implement the transfer of certain tariff lines from the
         sensitive track to the normal track category of the ASEAN-China Free
         Trade�

      € EO 850 (signed December 23, 2009 )

         Modifying the rates of duty on certain imported articles as provided
         under the Tariff and Customs Code of 1978, as amended, in order
         to implement the commitment to eliminate the tariff rates on the
         remaining products in the inclusion list in year 2010 under the Common
         Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade
         Area (AFTA)/ASEAN Trade in Goods Agreement (ATIGA)�

      € EO 851 (signed December 23, 2009)

         Modifying the rates on certain imported articles as provided under the
         Tariff and Customs Code of 1978, as amended in order to implement the
         commitments on trade in goods chapter of the Agreement establishing
         the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA)�

Rules of Origin (ROO)

       Rules of Origin refers to the “set of criteria used to determine the country
of origin of a good in international trade�” An important component of every
Free Trade Agreement (FTA), ROO does not only identify the origin of the
products that are eligible for preferential tariffs extended to the parties of


 16
                                                         AnnuAl RepoRt 2009


an FTA from taking advantage of different external tariff rates imposed by
individual member states�

       The Commission was fully occupied in the area of ROO for the year 2009�
It actively participated in the drafting of the country’s positions, proposals
and counter-proposals regarding issues in the ASEAN-CEPT conversion to the
product specific rules based on tariff shift, and ROO agreements with different
dialogue partners�

      An active member of the Philippine delegation, the Commission continued
to participate in the negotiating sessions, attended inter-agency meetings and
provided comments and recommendations on ROO of the various FTAs such
as the ASEAN Australia and New Zealand FTA (AANZFTA), the ASEAN Japan
Comprehensive Economic Partnership (AJCEP) and the ASEAN-India FTA,
including the meetings of the ASEAN Task Force on ROO�

      Besides the above engagements, the Commission conducted a series of
ROO seminars and workshops with the private sector (e�g�, Philexport, industry
associations, customs brokers) and concerned government agencies (e�g�,
Bureau of Customs, Board of Investments, BETP)�

       Below are some of the major accomplishments of the Commission in the
field of foreign trade promotion:

 I.   Multilateral Trading Arrangements

      ¾ Reviewed and verified the comments/changes made by US on the
        Philippines’ HS 2002 Revised Schedule of Commitments submitted to
        the WTO;

      ¾ Reviewed and verified the Philippines’ HS 2002 transposition file
        posted in the Consolidated Tariff Schedules Database File Transfer
        Facility (FTF) vis-à-vis from the original submission of the Philippines’
        Schedule LXXV;

      ¾ Provided comments on the Trade Policy Review (TPR) of European
        Community (EC), Japan and New Zealand;

      ¾ Participated in the Hands-on-Training for the Preparation of the
        Agriculture Schedule and Developments in the Negotiating Group on
        Market Access;




                                                                             17
AnnuAl RepoRt 2009


     ¾ Participated in the Non-Agricultural Market Access (NAMA) scheduling
       workshop; and

     ¾ Attended WTO Ministerial Conference and WTO Regional Seminar on
       NAMA Negotiations for Asian Economies�


II. Regional Trading Arrangements

     A. Association of Southeast Asian Nations (ASEAN)

       ¾ The Commission, per requests from other agencies/parties,
         submitted comments and observations on the following:

          ‹ Project Proposal on the Enhancement of the ASEAN Consultation
            to Solve Trade and Investment Issues (ACT) in Anticipation of
            its Expansion of Coverage;

          ‹ Terms of Reference (TOR) of the ASEAN Economic Community
            (AEC);

          ‹ TOR on the Mapping of the ASEAN Trade in Goods Agreement
            (ATIGA), disciplines on Non-Tariff Measures (NTMs) and the
            Establishment of ASEAN Trade Repository (ATR) in the AHTN
            Website;

          ‹ TOR of the ASEAN Trade Facilitation Joint Consultative Committee
            (ATF-JCC); and

          ‹ Latest draft of the ASEAN-Economic Community (AEC) Scorecard
            particularly on the Trade in Goods Section;


       ¾ Submitted the Philippines’ response to the transposition verification
         made by the ASEAN Secretariat on the various PIS products;

       ¾ Attended Joint Consultative Session on the ASEAN Assessment
         Framework on Trade Facilitation;

       ¾ Participated in the 54th and 55th Meetings of the Coordinating
         Committee on the Implementation of the Common Effective
         Preferential Tariff for the ASEAN Free Trade Area (CCCA);

       ¾ Attended Workshop on Economic Integration through Trade
         Facilitation Among ASEAN + 3 (APT) Countries;


18
                                                         AnnuAl RepoRt 2009


         ¾ As the designated Philippine representative to the ASEAN Experts
           Group on Competition (AEGC), attended AEGC meetings and
           remained active in various projects such as the drafting of the
           ASEAN Regional Guidelines on Competition Policy and Law and the
           drafting of the Handbook on Competition Policy and Law in ASEAN
           for Business;

         ¾ Attended ASEAN Economic Ministers (AEM) Meetings, Senior
           Economic Officials’ Meetings and its Related Meetings;

         ¾ Submitted Report on the Results of Section 402 Consultation on the
           Request of Myanmar for Tariff Preference on Tobacco and Cigarette
           Products under the ASEAN Integration System of Preference (AISP)
           for 2009 Package;

         ¾ Submitted Report on the Results of Section 402 Consultation on
           the Inclusion of Rice under the CEPT-AFTA Scheme; and

         ¾ Submitted to NEDA the draft EO to implement the Commitment to
           Reduce the Tariff Rates on the remaining 20% of the Products in
           the Inclusion List to Zero Percent under the CEPT-AFTA�


      B. ASEAN Trade in Goods Agreement (ATIGA)

       The Chairman of the Commission chaired the CCCA Meetings that forged
the ASEAN Trade in Goods Agreement (ATIGA), which is an improvement over
the current Common Effective Preferential Tariff for the ASEAN Free Trade Area
(CEPT-AFTA) Scheme� It consolidates ASEAN’s existing initiatives, obligations,
and commitments made with regard to both tariff (trade in goods) and non-
tariff elements (e�g� trade disciplines on Sanitary and Phytosanitary [SPS]
measures, customs procedures, and trade facilitation), among others, into one
(1) comprehensive agreement�

      ATIGA aims to establish all necessary measures and commitments to
enable ASEAN to achieve a free flow of goods in the region towards establishing a
single market and production base by 2015� The ATIGA was signed in February
2009� Under this Agreement, the Commission:

         ¾ Submitted Philippine Schedule under the ASEAN Trade in Goods
           Agreement (ATIGA); and




                                                                             19
 AnnuAl RepoRt 2009


         ¾ Attended Technical Committee Working Group (TCWG) for the
           review of ATIGA Schedules�

      Executive Order 850 implementing the commitment to reduce the tariff
rates on the remaining 20% of the products in the Inclusion List to zero percent
under the CEPT-AFTA/ATIGA was signed on December 23, 2009�


      C. ASEAN-China Free Trade Area (ACFTA)

         ¾ Prepared comments on China’s proposed transposition of the ACFTA
           Product Specific Rules (PSR) from HS 2002 to HS 2007;

         ¾ Participated in Meetings of the ASEAN-China Trade Negotiating
           Committee and Other Related Working Group Meetings;

         ¾ Submitted the Philippines Tariff Reduction Schedule (TRS) and the
           Correlation Table from AHTN 2004 to AHTN 2007;

         ¾ Participated in Meetings of the ASEAN-China Trade Negotiating
           Committee (TNC) and Forum on the Implementation of the
           ACFTA;

         ¾ Submitted to NEDA the draft EO to implement both the 2009-2012
           Philippine Tariff Reduction Schedule under the Normal Track on
            certain products and the transfer of some tariff lines from Sensitive
            Track (ST) to the Normal Track (NT) Category;

         ¾ Actively participated in the line-by-line review of the products
           included in the said draft EO; and

         ¾ Executive Order 814 implementing the 2009-2012 Philippine
           Schedule of tariff reduction under the normal track of the ACFTA
           on certain products and the transfer of certain tariff lines from the
           ST to the NT was signed on June 30, 2009 and was published in
           the Manila Times on July 7, 2009�


      D. ASEAN-Korea Free Trade Area (AKFTA)

         ¾ Submitted Correlation Table of AKFTA Schedule from AHTN 2005
           to AHTN 2007;

         ¾ Attended Meetings of the AKFTA Implementing Committee;



 20
                                                   AnnuAl RepoRt 2009


  ¾ Submitted to NEDA the draft EO to implement the Philippines Tariff
    Reduction Schedule under the NT Category;

  ¾ Actively participated in the line-by-line review of the products
    included in the said draft EO;

  ¾ Executive Order 812 implementing the commitment to reduce the
    tariff rates on 90% of the products in the normal track to zero
    with flexibility under AKFTA was signed on June 15, 2009 and was
    published in the Manila Times on June 23, 2009;

  ¾ The Commission conducted public hearing/consultation on products
     in the Sensitive List of Korea for possible waiver, by the Philippines,
     of the reciprocity principle� The report on the results of the said
     hearing/consultation was submitted to TRM; and

  ¾ Submitted Preliminary Report on the Results of the Public
    Consultation on the Request for the Transfer of Cochin/ Refined
    Coconut Oil from the Sensitive List to the Normal Track�


E. ASEAN-Australia/New Zealand Free Trade Area (AANZFTA)

  ¾ Provided data on the availability and degree of processing per
    AHTN tariff lines based on AHTN 2007 nomenclature (updated up
     to EO 790);

  ¾ Provided comments on Australia and New Zealand’s proposed 2009
    Schedule of Commitment and the Two-Way Concordance Table;

  ¾ Transposed the Philippine Schedule of Commitment from HS 2002
    to HS 2007;

  ¾ Submitted RP’s Proposed Schedule of Commitments and Two-Way
    Concordance Table� Actively participated in the line-by-line review
    of the Philippine Schedule;

  ¾ Provided response on the comments made by Australia and New
    Zealand on the Philippines’ Proposed Schedule of Commitments;

  ¾ Provided confirmation of the Philippines’ Final Schedule of
    Commitments which were submitted to ASEAN Secretariat;




                                                                        21
AnnuAl RepoRt 2009


       ¾ Provided confirmation of the Australia and New Zealand Final
         Schedule of Commitments which were submitted to ASEAN
         Secretariat;

       ¾ Submitted to NEDA the draft EO to implement the product offers;

       ¾ Actively participated in the line-by-line review of the products
         included in the said draft EO; and

       ¾ Executive Order 851 implementing the commitments on trade
         in goods chapter of the agreement on AANZFTA was signed on
         December 23, 2009�


     F. ASEAN-Japan Comprehensive Economic Partnership (AJCEP)

       ¾ Attended meetings of the Joint Committee of the AJCEPA;

       ¾ Submitted to NEDA the draft EO to implement the Philippine
         Commitment on Trade in Goods under AJCEPA; and

       ¾ Participated in the line-by-line review and the updating of the
         product nomenclature in the AHTN 2009�


     G. ASEAN-India Free Trade Area (AIFTA)

       ¾ Reviewed the final Philippine Offer List (OL);

       ¾ Attended meetings of the ASEAN-India Trade Negotiating Committee
         (AITNC);

       ¾ Prepared the draft EO to implement the Philippine commitment on
         Trade in Goods Chapter; and

       ¾ Participated in the line-by-line review and the updating of the
         product nomenclature in the AHTN 2009�


     H. ASEAN-European Union Free Trade Area (AEUFTA)

       ¾ Submitted recommendations/comments to the ASEAN-EU Offer
         List;

       ¾ Submitted updated TRM Formula Ratings;




22
                                                      AnnuAl RepoRt 2009


      ¾ Conducted consultation; and

      ¾ Attended AEUFTA Joint Committee Meetings�


   I.	 Asia-Pacific	Economic	Cooperation	(APEC)

   The Commission provided comments on the following:

      ¾ Questions posed by the experts and APEC member economies
        relevant to Individual Action Plan (IAP) of the Philippines on Chapter
        1 (Tariffs) and Chapter 8 (Competition Policy);

      ¾ Query of Indonesia on whether the Philippines extended any
        preferential treatment to environmentally friendly products during
        the 2009 IAP Peer Review;

      ¾ Questions regarding non-tariff measure of the Philippines IAP 2009;
        and

      ¾ Draft Study Report of the Philippines regarding the 2009 IAP Peer
        Review�


III. Bilateral Trading Arrangements

   Japan-Philippines Economic Partnership Agreement (JPEPA)

   ¾ Attended various meetings regarding the amendment of products
     covered by EO 262 for negotiation with Japan�




                                                                          23
 AnnuAl RepoRt 2009


III.   TRADE REMEDY MEASURES

R.A. 8800 (Safeguard Measure Act)

      The Act provides for general safeguard measures to relieve domestic
industries suffering from serious injury or threat thereof as a result of increased
importation�

Petition for Application for Safeguard Measure Against the Importation of Steel Angle
Bars

   € The Tariff Commission, upon transmittal of the case file and the DTI
     Order imposing a provisional safeguard measure on steel angle bars,
     acquired jurisdiction of the case on February 19, 2009 for the conduct of
     formal investigation to determine the merits of imposing a definitive duty
     on steel angle bars pursuant to Section 9 of the RA 8800 and its IRR�

   € Marathon public hearings were held on May 4-6, 2009 to allow public
     participation in the inquiry by providing parties the opportunity to
     present evidence, elaborate on their submissions, and respond to the
     presentations of the other parties�

   € In its Formal Investigation Report (confidential version) submitted to the
     DTI Secretary on June 29, 2009, the Commission found the existence
     of a causal link between the increased imports and serious injury to
       the domestic industry and recommended a specific safeguard duty of
       P7,700/MT to be imposed on imports of steel angle bars effective for
       three (3) years counting from January 12, 2009, the date the provisional
       measure took effect�

Request for the maximum extension of the imposition of safeguard measure against the
importation of figured glass and clear and tinted float glass

       € The Commission received the request from the Department of Trade
         and Industry (DTI) on September 2, 2009�

       € Public hearings/consultations were held from October 19-23, 2009�
         Ocular inspection of the plant facilities of the petitioners and verification
         of their accounting records were conducted�

       € Various computations were performed on the different economic and
         financial indicators to determine the impact of the increased imports
         to the domestic industry as well as to determine if extension of the
         imposition of the safeguard measures is warranted�

 24
                                                                                AnnuAl RepoRt 2009


      € In its Report of Findings and Recommendation submitted to the DTI
        Secretary on November 23, 2009, the Commission concluded that
        the safeguard measure being imposed on figured glass, and clear and
        tinted float glass continues to be necessary to prevent the recurrence
        of serious injury and that there is evidence that the domestic industry is
        making positive adjustments to import competition� The Commission
        recommended that the imposition of safeguard measure on figured
        glass, and clear and tinted float glass be extended for another three
        (3) years�




          Chairman Edgardo B. Abon (top, left) and Presiding Officer Commissioner Edgardo R.
          Maralit (top, right) listen to the exchange of views presented during the public hearing on
          the petition for the maximum extension of the imposition of safeguard measure against
          the importation of float glass and figured glass (October 19, 2009).




Monitoring of Adjustment Plans on Flat Glass Industry

     Rule 16 (Monitoring of the Domestic Industry) of the Implementing Rules
and Regulations of R�A� 8800 (Safeguard Measures Act) provides:

      Rule 16�1          So long as any action taken under Rule 13 remains in effect,
                         the Commission shall monitor developments with respect to
                         the domestic industry, including the progress and specific
                         efforts made by workers and firms in the domestic industry
                         to make a positive adjustment to import competition�

                                                                                                        25
 AnnuAl RepoRt 2009


      Rule 16�1�a   If the initial application of action taken under Rule 13
                    exceeds three (3) years, the Commission shall submit to
                    the Secretary a report on the results of the monitoring,
                    not later than the date which is the midpoint of the initial
                    period, and of each such extension, during which the action
                    is in effect�

      Rule 16�1�b   The Commission, in the preparation of each monitoring
                    report, shall conduct a hearing at which interested parties,
                    including the Department of Labor and Employment (DOLE),
                    shall be given reasonable opportunity to be present, to
                    present evidence, and to be heard�


     The Commission submitted its monitoring report to the DTI Secretary on
January 30, 2009 with the finding that serious efforts were being undertaken
by the domestic flat glass industry to comply with its adjustment plan and
enhance its import competitiveness�




 26
                                                          AnnuAl RepoRt 2009


IV.   SECTION 1313-A - TARIFF COMMODITY CLASSIFICATION

     The ASEAN Harmonized Tariff Nomenclature (AHTN) Tariff and Customs
Code of the Philippines (TCCP) classifies articles imported into the Philippines.
However, when the proper tariff classification of a commodity intended to be
imported cannot be ascertained, the interested party may file with the Tariff
Commission a request for a commodity classification ruling pursuant to Section
1313-a of the Code�

      The applicant is required to submit in triplicate a notarized and duly
accomplished TC Form 1a (Request for Tariff Classification Ruling). Likewise,
the applicant is required to submit a sample or samples of the product (if
available), technical brochures/catalogues indicating its specifications, its
material or chemical composition and other relevant information�

      The Commission is a permanent representative (together with the
Bureau of Customs and the Bureau of Import Services) to the Valuation and
Classification Review Committee (VCRC). This committee meets once a week
to resolve issues involving valuation and tariff classification.

      During the year, the Commission received two hundred twenty-four (224)
requests for tariff classification, and issued one hundred ninety-nine (199)
rulings (see Annex A)�

ASEAN Harmonized Tariff Nomenclature (AHTN) and the World Trade Organization (WCO)
Harmonized System (HS) Nomenclature – 2007 Amendment

      The Harmonized Commodity Description and Coding System (commonly
known as the HS) is an international nomenclature of goods used by more than
200 countries as the basis in classification and coding merchandise for purposes
of customs tariffs collection and for gathering international trade statistics�
After the implementation of the HS in 1988, major reviews were undertaken
which resulted in the 1996, 2002 and 2007 versions� The third major revision
entered into force on January 1, 2007� The Philippines implemented these
amendments in January 2008 in accordance with the decision of the NEDA
Board in its meeting on September 18, 2007�

      The ASEAN member countries adopted the Protocol Governing the
Implementation of the ASEAN Harmonized Tariff Nomenclature (the AHTN
Protocol)to harmonize the tariff nomenclature based on the HS among member
countries. The AHTN adopted the HS up to the six-digit commodity classification
codes and used the eight-digit commodity classification code for the ASEAN


                                                                              27
 AnnuAl RepoRt 2009


requirements. To reflect its required national tariff lines not included in the
ASEAN nomenclature, the Philippines added an alpha numeric code after the
8-digit code�

      In view of the amendments made by WCO to the HS which will take effect
on January 1, 2012, an AHTN Task Force, involving all member countries, was
created by ASEAN to review the AHTN 2007/1. The first meeting of the AHTN
Task Force was on October 20-22, 2009 in Indonesia�

       The Philippines, through the Commission, recommended adopting the
option to allow remaining MFN tariff lines and tariff lines under ASEAN-plus
FTAs to be considered for incorporation into AHTN 2012/1 at 8-digit level�
Tariff lines required for bilateral agreements, national tariff needs and national
non-tariff needs are to be catered at beyond 8-digit level by Member States in
their national tariff nomenclature�

     Other related activities undertaken by the Commission with regard to the
HS/AHTN 2007 implementation include the following:

   € Publication of the AHTN TCCP (January 2009 edition) incorporating latest
     issued Executive Orders reflecting the MFN (EOs 765 &766) and CEPT
     (EOs 613 & 703) rates of duty;

   € Alignment of products under the AFTA-CEPT and the proposed lists under
     the AJFTA, AANZFTA, AIFTA and AEUFTA;

   € Preparation of the Concession Manual on products for the Normal Track
     lists of the Philippines under AKFTA (EO812) and ACFTA (EO814);

   € Implementation of the commitment to reduce tariff rates on certain
     products included in the agreement between the Philippines and Japan
     (JPEPA); and

   € Information dissemination through seminar/workshops in various ports,
     review schools and other agencies�
Assistance to the Philippine Trade Mission in Geneva

   € Reviewed and prepared comments, as requested by the Philippine Trade
     Mission, on the transposition of the Consolidated Tariff Schedules (CTS)
     of the Philippines and various WTO member countries relative to their
     commitments under the WTO; and

   € Submitted comments on the 2012 proposed classification of articles
     and amendments to the HS Nomenclature and Explanatory Notes for
     discussion in the HS Committee meetings�

 28
                                                                             AnnuAl RepoRt 2009


V.      SECTION 506 – ASSISTANCE TO THE PRESIDENT AND CONGRESS
        OF THE PHILIPPINES

  House/Senate Bills/Resolutions and Other             Comments/Recommendation/Inputs                of   the
  Committee Concerns                                   Commission


Senate Bill No. 615 (“An Act Amending Certain          The Commission supports the amended text of
Provisions of Presidential Decree No. 1464,            Section 1313-(a) of the TCCP, though correction is
Otherwise Known as the Tariff and Customs Code         proposed to the title of Section 1313-(a), in that it
of the Philippines, as Amended, and for Other          should be read as “Classification of an article for
Purposes”), introduced by Senator Jinggoy E.           trade facilitation”. The main purpose of Section
Estrada.                                               1313-(a) of the TCCP is the issuance of an advance
                                                       ruling, consistent with the WTO Agreement on
Senate Bill No. 905 (“An Act Rationalizing the         Trade Facilitation.
Forfeiture and Disposition of Property Seized by the
BOC, Amending for the Purpose Certain Sections         The proposal to require the Commission to “notify
of the Tariff and Customs Code of the Philippines,     the concerned/affected industry” in cases of
as Amended”), introduced by Senator Edgardo J.         request for issuance of tariff classification ruling is
Angara.                                                inappropriate based on the following reasons:

Senate Bill No. 1414 (“An Act Mandating the BOC        a.       There is no privity or relationship, much less
to Exclusively Investigate, Prosecute and Handle       a connection as between the importer and the so
Customs Cases, Amending Sec. 2401 of PD 1464,          called “concerned/affected industry,” with respect
as amended by Sec. 6 of RA 9135, and for Other         to the importation of goods, thus, the Commission
Purposes”), introduced by Senator Juan Ponce           sees no reason for the inclusion of this phrase.
Enrile.
                                                       b.       It will add another layer of red tape or delay
Senate Bill No. 1463 (“An Act Amending Sec. 3513       to the issuance of tariff classification process, since
of PD 1464, [Tariff and Customs Code of the Phils.],   by requiring the Commission to notify the concerned/
and for Other Purposes”), introduced by Senator        affected industry, there would result questions,
Juan Ponce Enrile.                                     queries and various request for information on said
                                                       importation which would just hamper the facilitation
Senate Bill No. 1533 (“An Act Amending Certain         of the issuance of tariff classification ruling. At
Provisions of Presidential Decree No. 1464,            any rate, enough safeguards and provisions for
Otherwise Known as the Tariff And Customs Code         transparency are in place, such as providing copies
of the Philippines, as Amended, and for Other          of issued tariff classification rulings to the Bureau of
Purposes”), introduced by Senator Francis G.           Customs and to the Department of Finance, as well
Escudero.                                              as uploading issued rulings in the Commission’s
                                                       website.
Senate Bill No. 2014 (“An Act Amending Certain
Provisions of Presidential Decree No. 1464,            c.      Issuance of tariff classification rulings is
Otherwise Known as the Tariff and Customs Code         a governmental function not subject to private or
of the Philippines, as Amended, and for Other          vested interest intrusion. Confidential documents,
Purposes”), introduced by Senator Ramon A.             samples and data submitted by an importer to
Revilla, Jr.                                           the Commission pursuant to a valid request for
                                                       issuance of tariff classification ruling are meant to
                                                       be safeguarded by the Commission.

                                                       On the matter of appeal from any tariff classification
                                                       ruling as may be issued by the Commission under
                                                       Section 1313-(a) of the TCCP, as amended, re-
                                                       statement is hereby given in this manner:




                                                                                                          29
  AnnuAl RepoRt 2009


  House/Senate Bills/Resolutions and Other                Comments/Recommendation/Inputs                of   the
  Committee Concerns                                      Commission

Senate Resolution No. 80 (“Resolution directing          “Any petitioning party who is aggrieved by, or is not
the Proper Senate Committee to conduct an                satisfied with, the result of any ruling pursuant to this
inquiry, in aid of legislation, on the prevention of     Section may file a verified appeal or reconsideration
endemic car smuggling in free ports by: amending         to the Tariff Commission within thirty (30) days from
free port charters to place them under customs           receipt of such ruling, based on the sole ground of
jurisdiction with respect to foreign cars; legislating   new or additional information of the product under
standards for transparency in setting floor prices       consideration. An appeal fee as determined by the
at auction of smuggled cars, to prevent smugglers        Commission shall likewise be required to be paid by
from buying the cars; and expressing the sense           the appealing party, without the payment of which
of the Senate that the perennial problem of car          his or her appeal would be dismissed outright by the
smuggling cannot be solved by establishing an            Tariff Commission.”
extraneous task force, but by limiting the present
discretion enjoyed by Customs, Task Force, and           On Section 16 item (7), as appearing in page 16,
Free Port officials to pick and chose the smuggling      the Commission reiterates its disagreement on the
cases that they will expose, while turning a blind       existing proposed text and requests the rationale
eye to other smuggling cases protected by very           behind this provision.      Many products cannot
high government officials.”), introduced by Senator      be accurately described based on the existing
Miriam Defensor Santiago.                                proposed text specially those falling under “Others”.
                                                         We recommend that the description in this Section
Senate Resolution No. 448 (“Resolution                   instead follow the methodology found in item [c],
directing the Senate Committee on Ways and               Section 1308 (Commercial Invoice) of the TCCP.
Means; and Finance to conduct an investigation           This would squarely address the concern regarding
in aid of legislation, into the reported disparity in    articles not specifically mentioned in the TCCP.
traded goods, as reported by the Philippine Trade
Statistics and the International Monetary Fund, as       On the issue of undervaluation, misclassification
well as reports on rampant and unabated smuggling        and misdeclaration in import entry, the Commission
of agricultural products, drugs, steel products,         recommends that the definition of misclassification
ceramic tiles and other commodity with the end           be based on Section 2503 of the TCCP, as
in view of coming up with remedial measures to           implemented in Customs Administrative Guidelines
improve Customs Administration and strengthen            (CAO) No. 10-93, dated November 16, 1993. The
the fiscal position of the government by addressing      disposal, however, of the goods found liable for
these reported problems.”), introduced by Senator        undervaluation, misclassification or misdeclaration
Juan Ponce Enrile.                                       must be in accordance with law.



Senate Bill No. 252 (“An Act Creating the Philippine     The Commission staff should not be included
Trade Representative Office, Appropriating Funds         in the transfer of those involved in international
Thereof, and For Other Purposes”), introduced by         trade negotiations to the PTRO. TC technical
Senator Mar Roxas.                                       staff are particularly valuable in international trade
                                                         negotiations because of their knowledge on tariff
Senate Bill No. 1612 (“An Act Creating the Office        nomenclature and classification, as supported by
of the Trade Representative, Appropriating Funds         TC’s in-house pool of tariff classification experts.
therefore, and For Other Purposes”), introduced by       It is submitted that even if TC staff are transferred
Senator Manuel Lapid.                                    to the PTRO, they would still defer to TC in the
                                                         area of tariff classification as TC would remain the
                                                         acknowledged authority on tariff classification,
                                                         hence defeating the purpose of the staff transfer. In
                                                         lieu, it is proposed that TC retain its current role as
                                                         an independent technical support agency.




 30
                                                                           AnnuAl RepoRt 2009


  House/Senate Bills/Resolutions and Other           Comments/Recommendation/Inputs                of    the
  Committee Concerns                                 Commission


                                                     Likewise, the consolidated bill should provide for
                                                     thorough and meaningful consultations under
                                                     Section 402 of the Tariff and Customs Code with all
                                                     key stakeholders prior to the conduct of multilateral,
                                                     regional, and bilateral trade negotiations in order to
                                                     craft effective negotiating strategies and country
                                                     positions, and after, as a feedback mechanism/
                                                     post evaluation by government to gauge the
                                                     effectiveness of its negotiating strategies.



House Bill No. 5342 (“An Act to Prescribe the        The following      are    the   comments       of   the
Customs and Tariff Modernization Act of 2008 and     Commission:
for Other Purposes”), introduced by Rep. Francisco
Matugas.                                             1. On the sequencing of provisions, the Commission
                                                     proposes that the provisions on tariffs precede the
                                                     provisions on customs implementation. It would be
                                                     a logical sequencing in the sense that it follows the
                                                     normal procedure of setting the policy on tariffs first,
                                                     followed by implementation of said tariff policy.

                                                     2. It is the understanding of the Commission that
                                                     Section 1711 (Tariff Nomenclature and Rates of
                                                     Import Duty) takes the place of Section 104 (Rates
                                                     of Import Duty) in the present TCCP. If correct,
                                                     the Commission proposes that Section 1711 be
                                                     re-worded to incorporate the language of Section
                                                     104. The Commission’s proposal is as follows
                                                     (bracketed):

                                                     “Sec. 1711. Tariff Nomenclature and Rates of Import
                                                     Duty.

                                                     [a.] The President, [pursuant to the provisions of
                                                     Sections 1708 and 1709 of this Act], shall issue an
                                                     Executive Order prescribing or amending the Tariff
                                                     sections, chapters, headings and subheadings
                                                     and the rate[s] of import duty as originally provided
                                                     under [Section 104 of] Presidential Decree No.
                                                     1464, otherwise known as the Tariff and Customs
                                                     Code of the Philippines, as amended, and based
                                                     on the Harmonized System, the AHTN [ASEAN
                                                     Harmonized Tariff Nomenclature (AHTN)] and
                                                     other international Agreement [s], and consistent
                                                     with Section [s] 1708 [and 1709] of this Act.

                                                     [b.] [There shall be levied, collected and paid
                                                     upon all imported articles the rate of duty indicated
                                                     in paragraph a except as otherwise specifically
                                                     provided for in this Act, Provided, that the maximum
                                                     rate shall not exceed one hundred percent ad
                                                     valorem.]




                                                                                                         31
 AnnuAl RepoRt 2009


  House/Senate Bills/Resolutions and Other   Comments/Recommendation/Inputs               of   the
  Committee Concerns                         Commission


House Bill No. 5342 (Cont.)                  [c.] [The rates of duty herein provided or subsequently
                                             fixed pursuant to Sections 1708 and 1709 of this
                                             Act shall be subject to periodic investigation by
                                             the Tariff Commission and may be revised by the
                                             President upon the recommendation of the National
                                             Economic And Development Authority.]

                                             [d.] [The rate of duty herein provided shall apply to
                                             all products, whether imported directly or indirectly,
                                             of all foreign countries, which do not discriminate
                                             against Philippine export products. An additional
                                             100% across-the-board duty shall be levied on the
                                             products of any foreign country which discriminates
                                             against Philippine export products.]”

                                             3. On Section 408 (Request for Classification and
                                             Valuation Ruling), the Commission proposes the
                                             following amendments:

                                             i.      the issuance of tariff classification rulings
                                             cover both imported and exported items;

                                             ii.      given the Commission’s    internationally-
                                             recognized expertise in tariff nomenclature and
                                             commodity classification, a paragraph be added
                                             providing for the issuance of decisions/rulings by
                                             the Tariff Commission on Rules of Origin; and

                                             iii.    a paragraph be provided on the right to
                                             appeal any contested ruling.

                                             Thus, the Commission suggests that Section 408
                                             be re-worded as follows (bracketed):

                                             Sec 408. Requests For Classification, And Valuation
                                             And Rules Of Origin Rulings




 32
                                                                   AnnuAl RepoRt 2009


  House/Senate Bills/Resolutions and Other    Comments/Recommendation/Inputs               of   the
  Committee Concerns                          Commission


House Bill No. 5342 (Cont.)                  a. As to classification – [On] Any article imported/
                                             [exported] or intended to be imported/[exported],
                                             [an] importer, exporter, [or any interested party]
                                             may submit to the Tariff Commission a sample
                                             together with a full description of its component
                                             materials and uses, and request it in writing [for a
                                             Tariff Classification Ruling] to indicate the heading
                                             under which the article is or shall be dutiable,
                                             and the Tariff Commission shall comply with such
                                             requests within thirty [30] days from receipt thereof
                                             if it is satisfied that the application is made in good
                                             faith, in which case classification of the article in
                                             question upon the particular importation involved
                                             shall be made according to the heading indicated
                                             by the Tariff Commission: Provided, however, that
                                             such rulings of the Tariff Commission on commodity
                                             classification shall be binding upon the Bureau of
                                             Customs, unless the Secretary of Finance shall
                                             rule otherwise. [Any Tariff Classification Ruling/s
                                             as may be issued by the Commission shall remain
                                             valid and effective, unless such Tariff Classification
                                             Ruling/s are amended by the Commission in cases
                                             of amendments to the Harmonized System or the
                                             Asean Harmonized Tariff Nomenclature, or for any
                                             other reason as the Commission may see fit.]

                                             b. xxx xxx xxx

                                             c. [As To Rules Of Origin – Any importer, exporter
                                             or any interested party may request the Tariff
                                             Commission in writing for an official ruling that an
                                             imported or exported product is an originating good
                                             under the preferential and non-preferential Rules
                                             Of Origin Agreements to which the Philippines is
                                             a party, upon submission of a sample, together
                                             with the catalog, brochure and pertinent technical
                                             description, the Tariff Commission shall comply with
                                             such a request within thirty (30) days from receipt
                                             thereof. The ruling shall be binding upon the Bureau
                                             Of Customs, unless the Secretary Of Finance
                                             shall rule otherwise. Any Rules Of Origin ruling/s
                                             as may be issued by the Commission shall remain
                                             valid and effective, unless such Rules Of Origin
                                             ruling/s are amended by the Commission in cases
                                             of amendments to the Harmonized System Or The
                                             Asean Harmonized Tariff Nomenclature, or for any
                                             other reason as the Commission may see fit.]




                                                                                                33
 AnnuAl RepoRt 2009


  House/Senate Bills/Resolutions and Other   Comments/Recommendation/Inputs               of   the
  Committee Concerns                         Commission


House Bill No. 5342 (Cont.)                  d. [Right Of Appeal – Any petitioning party who is
                                             aggrieved by, or is not satisfied with, the result of
                                             any ruling pursuant to this section may file a verified
                                             appeal within thirty (30) days from receipt of such
                                             ruling based on the sole ground of new information.
                                             An appeal fee as determined by the Commission
                                             and the Bureau shall likewise be required to be
                                             paid by the appealing party.]”

                                             4. The Commission suggests that the following
                                             paragraph, found in Section 204 (Effective Date of
                                             Rates of Import Duty) be inserted in Section 118 of
                                             the CTMA:

                                             “On and after the day when this Act shall come into
                                             effect, all articles previously imported, for which no
                                             entry has been made, and all articles previously
                                             entered without payment of duty and under bond for
                                             warehousing, transportation, or any other purpose,
                                             for which no permit of delivery to the importer or
                                             his agent has been issued, shall be subject to the
                                             rates of duty imposed by this Act and to no other
                                             duty, upon the entry, or withdrawal thereof from
                                             warehouse, for consumption.”

                                             5. For purposes of policy flexibility, specifically
                                             the imposition of export tariff and premium duty
                                             as may be required by government in the future,
                                             the Commission proposes that the provisions of
                                             Section 514 (Export Products Subject to Duty
                                             and Rates) of the TCCP be added after the first
                                             paragraph of Section 1712.

                                             Section 514 of the TCCP states:

                                             “There shall be levied, assessed and collected an
                                             export duty on the gross F.O.B. value at the time
                                             of the shipment based on the prevailing rate of
                                             exchange, of the following products in accordance
                                             with the schedule specified in the column Export
                                             Duty.




 34
                                                                   AnnuAl RepoRt 2009


  House/Senate Bills/Resolutions and Other    Comments/Recommendation/Inputs               of   the
  Committee Concerns                          Commission


House Bill No. 5342 (Cont.)                  In addition to the export duties, herein referred to as
                                             the basic rate, there shall be levied, assessed and
                                             collected a premium duty on the difference between
                                             the current price as established by the Bureau of
                                             Customs and the base price of the products in
                                             accordance with the schedule specified under the
                                             column Premium Duty; Provided, that should the
                                             current price of any export product be below the
                                             established base price, then only the basic rate shall
                                             be applied; Provided, further, that initially, the base
                                             price upon which the premium duty shall be levied
                                             is 80% of the F.O.B. value of the exports established
                                             by the Bureau of Customs for February 1974. The
                                             National Economic and Development Authority
                                             shall, from time to time, review and establish such
                                             base prices taking into account, among others, the
                                             cost conditions in various industries.

                                             For purposes of computing the duty, the cost of
                                             packaging and crating materials shall be deductible
                                             from the export value, provided such materials
                                             are domestically manufactured using a substantial
                                             portion of local raw materials, as determined by the
                                             Board of Investments.”

                                             The Commission further proposes that the
                                             language of Section 515 of the TCCP be replicated
                                             in the proposed paragraph 2 of Section 1712, to wit
                                             (suggestions bracketed):

                                             “The President, upon recommendation of the
                                             National Economic and Development Authority,
                                             may subject any of the [above products to higher
                                             or lower rates of duty provided in this Section,
                                             include additional products, or exclude or exempt
                                             any product from this Section.] In the exercise of
                                             this authority the President shall take into account:
                                             (1) the policy of encouraging domestic processing;
                                             (2) the prevailing prices of export products in the
                                             world market; (3) the advantages obtained by export
                                             products from international agreements to which
                                             the Philippines is a signatory; (4) the preferential
                                             treatment granted to our export products by foreign
                                             governments; and (5) the need to meet domestic
                                             consumption requirements.”

                                             6. Since there are special laws providing for the
                                             above trade remedy measures, namely, (i) Republic
                                             Act 8752 – Anti-Dumping Act of 1999; (ii) Republic
                                             Act 8800 – Safeguard Measures Act of 2000; and
                                             (iii) Republic Act 8751 – Countervailing Act of 1999,
                                             these measures need no longer be in the CTMA and
                                             the Commission proposes their deletion.




                                                                                                35
  AnnuAl RepoRt 2009


  House/Senate Bills/Resolutions and Other             Comments/Recommendation/Inputs                of   the
  Committee Concerns                                   Commission


House Bill No. 5342 (Cont.)                            7. We propose that the first paragraph of Section
                                                       1701 (Appointment and Compensation of Officials
                                                       and Employees) be re-worded thus (suggestions
                                                       bracketed):

                                                       “All employees of the Commission shall be
                                                       appointed by the Chairman in accordance with the
                                                       Civil Service Law except the private secretaries to
                                                       the Chairman [and member] Commissioners.”

                                                       8. We would like to propose amendment to Section
                                                       1900 (Repealing Clause) as follows:

                                                       All other laws, acts, presidential decrees, executive
                                                       orders, rules and regulations or parts thereof, in
                                                       conflict or inconsistent with the provisions of this
                                                       Act, are hereby repealed.



House Bill No. 5971 (“An Act Creating the Philippine   The Commission staff should not be included
Trade Representative Office, Appropriating Funds       in the transfer of those involved in international
Therefor and For Other Purposes”), introduced by       trade negotiations to the PTRO. TC technical
Representatives Tanada III, Lorenzo, Nograles,         staff are particularly valuable in international trade
Fabian, Erico, Cua and Briones.                        negotiations because of their knowledge on tariff
                                                       nomenclature and classification, as supported by
                                                       TC’s in-house pool of tariff classification experts.
                                                       It is submitted that even if TC staff are transferred
                                                       to the PTRO, they would still defer to TC in the
                                                       area       of tariff classification as TC would remain
                                                       the acknowledged authority on tariff classification,
                                                       hence defeating the purpose of the staff transfer. In
                                                       lieu, it is proposed that TC retain its current role as
                                                       an independent technical support agency.

                                                       Likewise, the bill should provide for thorough and
                                                       meaningful consultations under Section 402 of the
                                                       Tariff and Customs Code with all key stakeholders
                                                       prior to the conduct of multilateral, regional, and
                                                       bilateral trade negotiations in order to craft effective
                                                       negotiating strategies and country positions, and
                                                       after, as a feedback mechanism/ post evaluation
                                                       by government to gauge the effectiveness of its
                                                       negotiating strategies.



House Bill No. 4303 (An Act Reducing the Tariff        The following are the Commission’s comments:
Rates On Corn and Wheat, Amending for the
Purpose Presidential Decree No. 1464, Otherwise        1. The proposed nomenclature under Section 1 of
Known As the Tariff and Customs Code of 1978,          the said Bill may be construed that the structure
As Amended) introduced by Representative Rufus         of the entire Heading Nos. 10.01 and 10.02 has
B. Rodriguez.                                          been modified. To reflect the intent of the bill, the
                                                       Commission suggests that Section 1 be modified to
                                                       read as follows:




 36
                                                                         AnnuAl RepoRt 2009


  House/Senate Bills/Resolutions and Other           Comments/Recommendation/Inputs             of   the
  Committee Concerns                                 Commission


House Bill No. 4303 (Cont.)                          Section 1. The rates of duty on the articles
                                                     specifically listed herein, as classified under
                                                     Section 104 of the Tariff and Customs Code of
                                                     1978, as amended, shall be subject to the Most-
                                                     Favored-Nation (MFN) rate of import duty.

                                                     Section 2. The nomenclature and the rates of
                                                     import duty on tariff headings not specifically
                                                     provided for or listed but represented by the symbol
                                                     “x x x” under the above tariff schedule shall remain
                                                     in force and effect.

                                                     2. Feed wheat is classified under AHTN Code
                                                     1001.90.99 and corn falls under AHTN Codes
                                                     1005.90.90A (in-quota) and 1005.90.90B (out-
                                                     quota). The in-quota and out-quota tariff rates on
                                                     agricultural products (except rice) are implemented
                                                     pursuant to Section 3 (e) of R.A. 8178 signed on 28
                                                     March 1996.

                                                     3. Note that the existing MFN rate on feed wheat
                                                     is 7% (implemented under EO 818 signed on 10
                                                     July 2009) while corn is levied 35% (in-quota) and
                                                     50% (out-quota) (both implemented under EO 574
                                                     signed on 04 November 2006).

                                                     4. Under the CEPT-AFTA Scheme, the 2009 CEPT
                                                     rates on feed wheat is 5% while that on corn is
                                                     30% (in-quota and out-quota). In 2010, CEPT rate
                                                     on corn is 5% (in-quota and out-quota).

                                                     5. Note further that by 2010, the CEPT rate on feed
                                                     wheat is scheduled to go down to zero, subject to
                                                     the issuance of the implementing Executive Order.



House Bill No. 6578 (An Act to Implement the         The following are the Commission’s comments:
Provisions of Section 1, Article XII of the 1987
Constitution) introduced by Representative Antonio   1. It supports the guiding principles of the House
C. Alvarez.                                          Bill since the same were meant to put into effect
                                                     the constitutional provision of giving protection
                                                     to Filipino enterprises against unfair foreign
                                                     competition and trade practices.

                                                     2. To give full effect to the said constitutional
                                                     provision, the Commission is supportive of the
                                                     enactment of a comprehensive and national
                                                     competition law, as well as the establishment of an
                                                     independent Fair Trade Commission whose powers
                                                     include that of protecting Filipino enterprises
                                                     against unfair competition.




                                                                                                     37
 AnnuAl RepoRt 2009


VI.   ADVOCACY PROGRAM

       In line with its mandate under Section 1 (1�6) of EO No� 143 entitled
“Instituting Effective Operational Mechanism and Strategies in the Tariff
Commission,“ the Commission vigorously pursued its continuing advocacy
calendar on the latest developments relating to tariffs and trade both in the
local and international trading fronts� As part of the Commission’s nationwide
advocacy program, the Commission acceded to requests for briefing/lecture
from educational institutions and organizations as shown below:


      Latest Developments on Trade-Tariff Policy
      Students of John B� Lacson College, Iloilo
      TC Conference Room
      November 19, 2009


      Market Access Thru Trade Policies and Agreements
      (In cooperation with PHILEXPORT)
      Cebu City
      October 19-21, 2009


      Market Access Thru Trade Policies and Agreements
      (In cooperation with PHILEXPORT)
      Cagayan De Oro
      October 5-7, 2009


      Seminar-Workshop on Classifying Export Products under the ASEAN
      Harmonized Tariff Nomenclature (AHTN)
      International Property Office Bldg., Sen. Gil Puyat Ave., Makati City
      March 5-6, 2009




 38
                                                                      AnnuAl RepoRt 2009




Isagani D. Garduque, Chief – Administrative Division, gives a briefing on the Commission’s
organizational chart, mission and vision to students who visited the office for lectures on
the latest development on trade and tariff policy. (November 19, 2009).




Students from John B. Lacson Colleges Foundation during a briefing conducted by
TC technical staff on the latest development on trade and tariff policy (November 19,
2009).




                                                                                              39
 AnnuAl RepoRt 2009


VII. OTHER ACTIVITIES

      A. Competition Policy

      The Philippines, through the Commission, has been actively involved
in the forefront of competition policy activities in the local and international
fora� Among others, the following are the latest developments on competition
policy:

      I.     Senate/House Bills

      In its effort to enact a comprehensive and national competition law, the
      Philippine Senate approved Senate Bill No� 3197 (“The Competition Act of
      2009”) and was subsequently endorsed to the House of Representatives
      for concurrence� A counterpart bill from the House of Representatives
      was approved at the Committee level by the Committee on Trade and
      Industry, but due to lack of time to deliberate on the said bill, the Philippine
      Congress failed to pass the same�


      II.    International/Regional Activities – ASEAN Experts Group on
             Competition (AEGC)

      At present, the Commission, as the designated Philippine representative
      to the AEGC, remains active in AEGC’s various projects, such as the
      drafting of the ASEAN Regional Guidelines on Competition Policy and
      Law (including its Reference Document), the drafting of the Handbook on
      Competition Policy and Law in ASEAN for Business, and attendance to
      AEGC High-Level meetings�

      A� Regional Guidelines

            The Regional Guidelines on Competition Policy and Law are based on
            country experiences and international best practices and are meant
            to set out different policy and institutional options that serve as a
            reference guide for ASEAN Member States (AMS) in their collective
            effort to create a fair competition environment� It is not intended to
            be a full or binding statement on competition policy, but rather to help
            serve to increase AMS’ awareness of the importance of competition
            policy, with the aim of stimulating the development of best practices
            and enhancing cooperation between AMS�




 40
                                                   AnnuAl RepoRt 2009


  The said draft Regional Guidelines has been finalized and is due for
  deliberation and approval by the AEGC Members� Upon its approval,
  the Regional Guidelines will be formally launched in a series of
  socialization events to be held at various countries within the ASEAN�
  The Philippines has been selected to host one of the said socialization
  events this year or early next year, 2011�

  The Regional Guidelines is not intended to be a full or binding statement
  on competition policy, but rather will help serve to increase AMS’
  awareness of the importance of competition policy, with a view to
  develop the best practices and enhance cooperation between AMS�
  Both the Guidelines and the Handbook are scheduled for adoption by
  AMS in 2010�

  The following are the Commission’s involvement on ASEAN Regional
  Guidelines:

  € Attended and represented the Philippines on the 1st ASEAN Experts
    Group on Competition (AEGC) Regional Guidelines Workshop held
    at Bali, Indonesia; and

  € Hosted the 2nd Meeting of the Working Group for Developing
    Regional Guidelines on ASEAN Competition Policy and Law held on
    September 28-30, 2009 at the InterContinental Hotel, Manila�

B� Handbook on Competition Policy and Law in ASEAN for Business

  The Handbook on Competition Policy and Law in ASEAN for Business
  (Regional Handbook) is another AEGC project made specifically at
  providing, in a language easily understandable to non-experts, basic
  notions of substantive and procedural competition law applicable in
  AMS, to the benefit of regional and transnational businesses engaged
  in the ASEAN region�

  The Handbook is not intended to be a comprehensive guide on applicable
  laws and it is meant purely as a documentation tool� The overall aim
  of the Handbook is to inform the business community and investors
  of the current approaches and practices relating to Competition Policy
  and Law applicable in AMS, raising awareness among this target
  group, and to develop a competition culture amongst the business
  community, with the end view of creating a favorable environment for



                                                                       41
AnnuAl RepoRt 2009


        the introduction and enforcement of Competition Policy and Law, both
        in the individual AMS and at the regional ASEAN level�

        The Handbook is about to be finalized this year and like the Regional
        Guidelines, will also be deliberated upon and approved by the AEGC in
        high level meeting� The venue of the socialization events will likewise
        be held in the various AMS, with the Philippines being selected as host
        to one of these socialization events�

        The following are the Commission’s involvement on ASEAN Regional
        Handbook:

        € Attended the Workshop on the Development of ASEAN Handbook
          on Competition Policy and Law held in Yogyakarta, Indonesia on
          14-18 August 2009;

        € Facilitated and hosted the successful country visit of Atty� Favio
          Filpo of the FratiniVergano, competition legal expert, regarding the
          latter’s work as an expert in the drafting of the ASEAN Regional
          Handbook on Competition Policy and Law for Business; and

        € Provided inputs to the ASEAN Handbook on Competition Policy and
          Law for Business�

     III. Capacity Building Activities on Competition Policy Attended by the
          Commission And Other Related Activities

     € Drafted and finalized the Philippine answer to the Chapter on
       Competition Policy as embodied in the Philippine Individual Action Plan
       (IAP) which was submitted to APEC;

     € Attended IAP Peer Review of the Philippines by APEC, which covers
       Competition Policy;

     € Drafted and finalized the Philippine Strategy Document for the ASEAN-
       European Union Free Trade Agreement;

     € Provided inputs/comments to the ASEAN unified approach in the
       treatment of Competition Policy and Law Chapter in the ASEAN-E�U�
       Free Trade Agreement;

     € Provided inputs to the ASEAN Secretariat on the Philippine position
       regarding the Chapter on Competition Policy for use by the ASEAN-


42
                                                 AnnuAl RepoRt 2009


  Trade Negotiators in preparation for the 7th Meeting of the Joint
  Committee for the ASEAN-E�U� Free Trade Agreement;

€ Drafted and finalized the Commission’s comments to the Executive
  Summary and ASEAN Economic Community (AEC) Scorecard;

€ Provided the Philippine Country Report (part of the completed study
  “Best Practices in the Introduction and Implementation of Competition
  Policy and Law”) on Competition Policy to the GTZ Mission;

€ Attended the Korea International Cooperation Agency (KOICA) program
  on Competition Policy entitled “Competition Law and Market Economy
  Growth”;

€ Submitted and updated the Japan Fair Trade Commission regarding
  the Philippines Technical Assistance inventory for the year 2008;

€ Submitted the official position/inputs of the Commission regarding the
  chapter on competition policy as appearing in the ASEAN-US Trade
  and Investment Framework Arrangement;

€ Drafted and finalized the proposed text of the Competition Policy
  Chapter in the draft RP-EU PCA;

€ Drafted and finalized the Commission’s letter to the Japan Fair Trade
  Commission regarding the current status of competition laws in the
  Philippines;

€ Attended the 3rd ASEAN Experts Group on Competition (AEGC) Meeting
  on March 25-26, 2009 in Kuala Lumpur, Malaysia;

€ Attended the 4th ASEAN Experts Group on Competition (AEGC) Capacity
  Building Workshop held in Langkawi, Malaysia on 9-13 August 2009;

€ Attended the Fifth APEC Training Course on Competition Policy (17-19
  August 2009) in Chinese Taipei;

€ Attended the Group Training Course (Leaders Training) on Competition
  Policy and Law, August 17 to September 19, 2009, JICA, Osaka,
  Japan;

€ Attended the ASEAN Workshop entitled “The Economics of Monopoly/
  Dominance held on 23-27 August 2009 in Da Lat, Vietnam; and



                                                                    43
AnnuAl RepoRt 2009


     € Attended the training on Competition Law & Impact on Foreign Direct
       Investments (FDIs) for ASEAN Countries held in Singapore on 14-18
       September 2009 under the Japan Singapore Partnership Program for
       the 21st Century (JSPP21);




        The Philippines, with TC at the forefront, hosted the ASEAN Experts Group on
        Competition (AEGC) 2nd Regional Guidelines Workshop on Competition Policy and Law at
        the Intercontinental Hotel, Makati City on September 29-30, 2009. Flags of the ASEAN
        Member countries represented during the Workshop were raised.




44
                                                                     AnnuAl RepoRt 2009




The Philippine delegates during the ASEAN Experts Group on Competition (AEGC) 2nd
Regional Guidelines Workshop on Competition Policy and Law composed of Director
Victorio Mario Dimagiba (extreme right) from DTI-BTRCP, and Ms. Maricor Chua (second
from left), Mr. Ranulfo Cruz (second from right) and Mr. Cesar Villadores, Jr. (extreme
left) from TC. Not in photo are Commissioner Marilou P. Mendoza from TC and Assistant
Secretary Geronimo Sy from DOJ.




The ASEAN Expert, Atty. Fabio Filpo (top, right), discussing the 2nd Draft of the Regional
Guidelines on Competition Policy and Law. Mr. Teo Eng Cheong from Singapore (top,
center) presides over the two-day Workshop.




                                                                                             45
AnnuAl RepoRt 2009


     € Attended the Regional Workshop on Challenges in the Implementation
       of Competition Law held in Bangkok, Thailand on November 10-13,
       2009;

     € Attended the 5th ASEAN Experts Group on Competition (AEGC) Capacity
       Workshop on Approaches, Methodologies, Techniques and the Related
       Best or Replicable Practices in Investigation and Enforcement on
       November 24-26, 2009 in Nha Trang, Vietnam; and

     € Attended the International Conference on Enforcement of Competition
       Law in ASEAN countries and International Practice held on December
       15-17, 2009 in Ho Chi Minh, Vietnam�




        The participants/delegates from the ASEAN Member Countries during the ASEAN Experts
        Group on Competition (AEGC) 2nd Regional Guidelines Workshop on Competition Policy
        and Law. Represented were Philippines, Myanmar, Lao PDR, Cambodia, Singapore,
        Thailand, Vietnam, Malaysia and Indonesia.




46
                                                         AnnuAl RepoRt 2009


      B. Project Proposal

      The Commission proposed a project entitled “Helping the Philippines Craft
a Comprehensive Competition Policy Law – Capacity Building and Advocacy
Workshop/Seminar�” The proposal was submitted to the APEC Secretariat for
possible APEC funding�

      C. Assistance to Stakeholders

      The Commission, being a technical agency on tariff and trade-related
matters, accedes to requests for information/inputs from various stakeholders,
including other government departments and agencies with whom it shares
common policy concerns� During the period under review, data/information
were provided to the following, as requested:


   ‰ Government Agencies

      ~ National Economic and Development Authority (NEDA)

         Topics for NEDA Internal Briefing for 2009;

         Duty on cement under EO 766;

         2009 monthly import data of yellow corn and feed wheat;

         2009 nominal average MFN Tariff by HS Section;

         Reply that the Commission agrees with the analysis derived from the
         frequency distribution on AANZFTA rates but the Commission found
         some discrepancies on the total tariff lines on the AJCEPA rates� Hence,
         the Commission also provided an updated frequency distribution on
         AJCEPA; and

         Annexes to EO AIFTA�


      ~ National Statistics Office (NSO)

         HS 2002 and MFN rates for 2005 and 2008�




                                                                             47
AnnuAl RepoRt 2009


     ~ Department of Trade and Industry

       Philippine Schedule under the ASEAN Trade in Goods Agreement
       (ATIGA) for the ASEAN Free Trade Area (AFTA);

       CEPT Product List of the Philippines based on the 2007 AHTN
       Nomenclature for transmittal to the ASEAN Secretariat;

       Philippine Tariff Reduction Schedule on AJCEP incorporating EO 262
       lines and TC comments;

       Draft Executive Order to Implement the Commitment to Reduce the
       Tariff Rates on the Remaining 20% of the Products in the Inclusion List
       to 0% under the Common Effective Preferential Tariff (CEPT) Scheme
       for the ASEAN Free Trade Area (AFTA);

       Draft Executive Order to Implement Philippine Commitments to Reduce
       Tariffs on Certain Products Included in the Normal Track under the
       ASEAN-China Free Trade Area (2009-2012);

       Draft Executive Order for the ASEAN-Korea Free Trade Agreement
       to Implement the Philippines’ Trade in Goods Commitment (2009-
       2012);

       Revised Terms of Reference (TOR) of the ASEAN Economic Community
       (AEC);

       Offer List of the ASEAN-India Trade in Goods (TIG) MFN rates;

       ASEAN-EU Offer List;

       ASEAN Economic Community (AEC) Scorecard, particularly in Trade
       in Goods;

       Updates re-IAP of the Philippines on Tariffs (including the tariff
       summary report for 2008), Rules of Origin and Competition Policy;

       Updated TRM formula ratings for ASEAN-EU FTA based on the 2007
       AHTN Code;

       Trade Policy Review (TPR) reported by European Communities (EC)
       and WTO Secretariat;




48
                                                 AnnuAl RepoRt 2009


  Trade and trade-related measures undertaken by the Philippines
  relative to the WTO Trade Policy Review Body Report on Trade Policy
  Development;

  Philippines’ response to the comments of Australia (attachment A)
  and New Zealand (attachment B) on the Philippines’ Proposed 2009
  Schedules of Commitment under AANZFTA; and

  Commission’s Formal Investigation Report and Recommendation on the
  Petition of AGC Flat Glass Philippines, Inc� for the maximum extension
  of the safeguard measure against imports of clear and tinted float
  glass and figured glass�


~ Board of Investments

  Correlation of EO 262 products from HS 2002 to AHTN 2000 covering
  Philippine commitments under AJCEP;

  Data for NAMA simulation as part of the 23 August 2009 WTO
  consultation;

  Comparative tariff rates (2009 and 2010) for MFN, CEPT, AKFTA,
  ACFTA, AANZFTA, AJCEPA and AIFTA covering motor vehicle lines;

  Tariff Heading of lead-acid batteries;

  Assistance in providing the comparative tariff rate (MFN, CEPT, AKFTA,
  ACFTA, AANZFTA, AIFTA and AJCEPA); and

  Tariff rates of Natural Gas, Refinery off gases, Hydrogen and
  Nitrogen�


~ Bureau of International Trade Relations

  Soft copy of the AHTN 2004-2007 correlation table;

  Response to Comments and Questions posed by the experts and
  APEC member economies relevant to Individual Action Plan (IAP) of
  the Phils;

  Draft EO for AANZFTA;

  Comments on the updated ASEAN Trade Facilitation Programme;

                                                                    49
AnnuAl RepoRt 2009


      Comments on the appeals of the PAFMI, NFEPP, UBRA and NFHFI to
      extend EO 765 by 6 months;

      Inputs on the draft Terms of Reference (TOR) on the mapping of the
      ASEAN Trade in Goods Agreement (ATIGA);

      Vietnam’s proposal to exclude seven IUT products;

      Myanmar’s request for AISP on certain unmanufactured tobacco;

      Report on the Chronology of Events/Narration of Facts on Trade in
      Goods (TIG) of ASEAN– Japan Comprehensive Economic Partnership
      Agreement (AJCEPA);

      Request of the Taipei Bureau of Foreign Trade re tariff reduction
      schedule on Taiwan’s top 30 exports to the Philippines under the
      ASEAN-India Free Trade Agreement;

      Philippines’ comments on Australia and New Zealand’s proposed 2009
      Schedules of Commitment (in HS 2007 Code) which was transposed
      from their original schedule of commitment (in HS 2002 Code);

      Comments on the latest draft of the ASEAN-Canada Trade and
      Investment Framework Arrangement (TIFA);

      Comments on the possible areas for cooperation identified by Indonesia
      which may be deemed under the ASEAN-US Trade and Investment
      Framework Agreement (TIFA) particularly on Competition Policy;

      Comments to the query of the Department of Foreign Affairs on ASEAN
      Trade in Goods Agreement (ATIGA);

      Endorsement of Subic-Clark Alliance for Development Council’s letter
      on the proposed amendments to EO 214;

      Updated version of RP’s Offer List under the ASEAN-India FTA;

      Comments on the Feasibility Study Report and the Action Proposals
      for Accelerating the Pan-Beibu Gulf Economic Cooperation (PBGEC);

      Updated version of the Philippine Tariff Reduction Schedule (TRS)
      under the ASEAN-China Free Trade Agreement (ACFTA) for 2009-2012
      as well as the Correlation Table from AHTN 2004 to AHTN 2007 (in
      2009, Tariff and Customs Code);


50
                                                 AnnuAl RepoRt 2009


Comments to the 2009 RP IAP Peer Review on Indonesia’s query
regarding preferential treatment for environmentally friendly
products;

Comments to the transposition verification made by the ASEAN
Secretariat on sixteen (16) PIS products;

Comments on the inclusion of the automaticity section in the cover of
the draft EO on AANZFTA;

Availability and degree of processing per AHTN tariff line in relation to
ASEAN-Australia-New Zealand Free Trade Agreement based on AHTN
2007 nomenclature (Updated up to E�O� 790);

Reply on non-tariff measures of the Philippine Individual Action Plan
(IAP) 2009;

Proposed ASEAN-Canada          Trade   and    Investment     Framework
Arrangement;

Confirmation that RP’s Transposed Schedule of Tariff Commitments
reflects the Philippines’ commitment under AANZFTA;

Reply with the Commission’s finding that the revised schedule of
commitments of Australia and New Zealand is acceptable with no
further clarification since both schedules reflect RP’s comments on
their previous submissions;

Trade data, updated product availability of Korea’s sensitive products
under AKFTA and the conduct of the public consultation;

Availability and degree of processing per AHTN tariff line in relation to
ASEAN-Australia-New Zealand Free Trade Agreement based on AHTN
2007 nomenclature (Updated up to E�O� 790);

Validated transposed PSRs for the Trade in Goods Agreement under
ASEAN-Japan Comprehensive Economic Partnership Agreement;

Photocopies of the reports on the results of consultation that were
submitted to NEDA on various FTAs (i�e� China, Korea, Japan, India,
Australia-New Zealand and European Union);




                                                                     51
AnnuAl RepoRt 2009


       Updated Philippines’ Proposed 2009 Schedules of Commitment under
       AANZFTA incorporating the comments of Australia and New Zealand
       and the two-way concordance tables (HS 2002-AHTN 2007);

       Philippines’ response to the comments of Australia and New Zealand
       on the Philippines’ proposed 2009 Schedules of Commitment under
       AANZFTA;

       Complete Philippine AKFTA schedule with availability and the correlation
       of AKFTA schedule from AHTN 2005 to AHTN 2007;

       Commission’s Report on Wheat and Wheat Flour;

       Request of Taipei Economic and Cultural Office in the Philippines
       (TECO) regarding the Philippine Tariff Schedule of the AIFTA based on
       Taiwan’s Top 30 product export to the Philippines;

       Reply on Thailand’s proposal on the AIFTA Single List for Textiles and
       Textile Products;

       Reply that the Commission agrees with Thailand’s proposal on the
       AIFTA Single Textiles List to delete ex 7019�19 and ex 9612�10, and
       re-insert subheadings 3921�12, 3921�13 and 3921�90;

       Single List on Textile and Textile Products;

       Correlation of Korea’s Sensitive List to Philippine Normal Tract; and

       ASEAN Regional Handbook on Competition Policy and Law for
       Businesses�


     ~ Bureau of Import Services

       Invitation for   the   forthcoming   follow-up   workshop    on   Trade
       Measures;

       Tariff headings used in the Revision Order 24-2008;

       Breakdown of production volume, cost to produce and sell, and increase
       in the raw materials and manufacturing overhead on the Safeguard
       Measure against float glass imports;




52
                                                 AnnuAl RepoRt 2009


  Information that import volumes per country of ceramic and wall tiles
  for the 1st half of 2005 and 2006 is available in the Commission’s
  Formal Investigation (SG No� 01-2007) on the Commission’s website
  and the breakdown per semester on import volumes had been referred
  to NSO;

  Proper tariff classification of a 1987 GMC Van Model G2500; and

  Clarification whether Motor Vehicles in specification as follows can be
  categorized as trucks provided under EO 156�


~ Inter-Agency Committee – Tariff and Related Matters

  Section 401 Final Reports on:

     a�    Cotton Linters

     b.    Hemofil M, Buminate 25%, Gammagard S/D

     c�    Mastectomy Bra and Swimwear

     d�    Mosquito Coils and Mosquito Coil Powder

     e.    Antisera and other Blood Fractions and Modified Immunological
           Products

     f.    Raw and Refined Sugar

     g�    Linear alkylbenzene sulphonate acid

     h�    Mixed alkylbenzenes and alkylnapthalenes

     i�    Printed books, journals, music, maps and other printed
           matters; disc, tapes and other recorded media; stuff toys,
           jigsaw or picture puzzles and other toys

     j�    Hot-Rolled Steel

     k�    Cold-Rolled Steel

     l�    Undenatured ethyl alcohol of an alcoholic strength by volume
           of 80% or higher; ethyl alcohol and other spirits, denatured,
           of strength

     m�    Petroleum oils and oil obtained from minerals, crude

                                                                     53
AnnuAl RepoRt 2009


         n�    Petroleum oils and oils obtained from bituminous minerals,
               other than crude; preparations not elsewhere specified or
               included, containing by weight 70% or more of petroleum
               oils or of oils obtained from bituminous minerals, these oils
               being the basic constituents of the preparations, waste oils

         o�    Asphalts

         p�    Polyamide-6

         q�    Milling Wheat

         r�    Cement Clinker

         s�    Cement

         t�    Fuel Ethanol


      Draft Executive Order to extend the effectivity of the zero rate of
      import duties on cement and cement clinker;

      Draft Executive Order to extend the effectivity of the zero rate of duty
      on milling wheat and revert to 7% rate of duty on feed wheat;

      Draft Executive Order and its Annex to implement the commitments
      on Trade in Goods Chapter on ASEAN-Australia-New Zealand Free
      Trade Area (AANZFTA);

      Final report on the request of the Association of Flour and Wheat Millers
      to extend the zero duty on wheat (HS Code 1001�10 and 1001�90)
      under E�O� 765 for another six months;

      Final report on the review of the temporary lifting of the zero duty on
      cement (AHTN Code 2523�29 90 and 2523�90 00) and cement clinker
      (AHTN Code 2523�10 90) under E�O� 766;

      Proposed GANTT Chart on AANZFTA; and

      Letter re conduct of a Comprehensive Tariff Review for the 2011-2015
      Tariff Structure under Section 401 of the Tariff and Customs Code of
      the Philippines, as amended�




54
                                                    AnnuAl RepoRt 2009


~ Bureau of Customs

  Tariff Classification of Laminated Cover Paper and Coated Paper
  Imported from Korea and Consigned to OHC Mktg� Int’l Inc;

  Proper classification of “ENVIRONMAT” Geosynthetic Clay Liner (GCL)
  imported from Australia;

  Update on the rates of duty in the 2009 Version of AHTN;

  Classification of Aluminum Steam Plug Core Vent under TH7616Vs
  TH8477 and Distillers Dried Grain with Soluble (DDGS) under TCC
  Ruling No� 04-016 dated 26 January 2004;

  Request for the electronic summary of import entry declarations from
  2006 to 2009 of Figured Glass, Tinted and Clear Float Glass;

  Implementation of Sec� 3 of Revenue Regulation No� 3-2006 (Tax on
  Tobacco and Alcohol Products);

  ERRATA on AHTN 2007;

  Comments on the adopted amending the Nomenclature on the
  International Convention on the HC Description and Coding System;

  Tariff Classification of Body Stock, Tab Stock and End Stock; and

  Tariff Classification of Electrolytic Tinplates in Coils JISG3303.


~ Department of Agriculture

  Review Process/Amendments for the Exclusion of duty and free
  importations on fishing nets;

  Exclusion of fishing nets from EO 376;

  Conduct of DA Area Wide Consultations on the Inclusion of Rice into
  the CEPT Scheme of the AFTA; and

  Tariff Duty of Captive Bolt Stunner�




                                                                       55
AnnuAl RepoRt 2009


     ~ Department of Energy

       Response to the request for two (2) copies of TCCP Vol� 1�


     ~ Department of Environment and Natural Resources

       Philippine Indicative List of Environmental Goods;

       Report on the Seminar-Workshop of the Inter-Agency Committee on
       Toxic and Hazardous Substances; and

       Commodity Classification of Chiller Equipment.


     ~ Department of Foreign Affairs

       Reply to the request of DFA regarding the authenticity of the
       Certification that was issued by the Commission in favor of BTT Perisia
       Berry Compound Mix products�


     ~ Department of Trade and Industry

       HS Code and AKFTA rate of duty of dried mangoes and mango puree
       to be exported in Korea�


     ~ Bangko Sentral ng Pilipinas

       Updates on 2009 tariffs; and

       Updates on tariffs review from 2004-2009�


     ~ House of Representatives

       Official position of TC on the proposed HB No. 129 entitled “An Act
       Increasing the Rate of Duty on Imported Tobacco, Cigarette Paper,
       Tipping Paper and Filter Rods Used in Making Cigars and Cigarettes,
       Amending for the Purpose Certain Tariff Headings on the TCCP, as
       amended”; and

       Official position of TC on HB 4303 (An Act Reducing the Tariff Rates
       on Corn and Wheat�



56
                                                   AnnuAl RepoRt 2009


~ Philippine Mission to WTO

  Copy of Philippine submission on Trade in Goods for Japan and trade
  data on JPEPA;

  Confirmation on ITA 1A List;

  Input/Reply of the Philippines – a Third Party Disputant re: the E�U� and
  its Member States tariff treatment of certain information technology
  products;

  EC-ITA Dispute-Questions by EC and the Panel to 3rd Parties;

  Letter re Inquiry for the issuance of EO 83 on tomato;

  Remaining unanswered query of USDA on TRQ Quantities for Live
  Poultry, Poultry Meat and Pork;

  List of Nominees for the WTO e-learning who will be taking up the
  Introduction to WTO from 21 September – 30 October 2009;

  Letter regarding the issue of the European Communities and Its Member
  States on the Tariff Treatment of Certain Information Technology
  Products;

  Commission’s continuing reconciliation of data with that of the
  Secretariat for the JPEPA Factual Presentation Report;

  Updates on paragraph 16, 17-20 including Table III�1, paragraph
  24-27 including Table III�3-III�6 and paragraph 131 of the Factual
  Presentation of the JPEPA;

  Validation of the trade tariff profile on electronics/electrical sector as
  proposed by the Japanese;

  Reply regarding the exclusion of UAE from the list of developing
  countries exempted from the imposition of extended safeguard
  measure on ceramic floor and wall tiles;

  Comments on the Proposed Amendments for Anti-Dumping and
  Subsidies and Countervailing Measure included in the Highlights of
  the Informal Meeting of the NGR held from 29 June – 02 July 2009
  and Informal Meeting from 16 – 25 September 2009;



                                                                        57
AnnuAl RepoRt 2009


       Comments on the Factual Presentation of the JPEPA;

       MFN and bound rates, availability, and degree of processing on
       environmental goods;

       Comments on the Highlights of the Meetings of the Negotiating Group
       on Rules (Anti-Dumping and Horizontal Subsidies); and

       Comments on the bracketed and unbracketed issues on Anti-Dumping
       and Subsidies and Countervailing Measures�



 ‰ Foreign Government/Organization

     ~ U.S. Embassy

       2008 and 2009 Philippine Tariffs, on unbound tariffs and products with
       high tariffs�

     ~ APEC Secretariat

       Transposition verification on various Priority Integration Sector
       products under CEPT-AFTA; and

       Feedback on the Revised Agreed Minutes of the Stakeholders Workshop
       on Competition Policy with GTZ Appraisal Mission Team in Jakarta,
       Indonesia (May 12-13, 2009)�

     ~ ASEAN Secretariat

       E-Version transmitted at the 8-digit level of the Asean Harmonized
       Tariff Nomenclature (AHTN) to the Asean Secretariat;

       Response to the comments made by the ASEAN Secretariat regarding
       MFN Base rates under the ASEAN-India FTA; and

       ASEAN Counter proposal-AANZFTA CO FORM�

     ~ World Trade Organization

       ASEAN Proposed Draft CO for the AANZFTA;

       Response on the verification of the Philippine Tariff Data posted in the
       Consolidated Tariff Schedules Database File Transfer Facility; and



58
                                                       AnnuAl RepoRt 2009


    Commission’s       updated     submissions    on    the    JPEPA    factual
    presentation�

  ~ US Aid

    Response to the request for 2009 rates under ACFTA and AKFTA�


‰ Others

  ~ Kibing Float Glass Export Development

    Philippine market for clear float glass from China.

  ~ Business World

    Availability of data on safeguard action against imports of ceramic
    floor and wall tiles.

  ~ Asia Pacific

    Clarification re start of the annual tariff reduction of items with category
    “B5” under Japan-Philippines Economic Partnership Agreement
    (JPEPA)�

  ~ University of Santo Tomas

    Data in the conduct of study “The Impact of Trade Liberalization to the
    Competence of Marikina Shoe Industry (1990-present)�

  ~ PhilBaking

    Petition to lift the tariff on flour.

  ~ Commonwealth Foods Inc.

    Polycarbonate Moulding Board for Production of Ricoa Chocolate
    Candy�

  ~ New Flavor House, Inc.

    Tariff Classification of Garlic Powder.

  ~ Sytengco Philippines Corp.

    Technical Clarification on the Procession of Talc Powder.



                                                                            59
AnnuAl RepoRt 2009


     ~ Baxter Healthcare

        Letter requesting the company to submit a written commitment that
        prices of hemofil will be made affordable to end users in the event
        that petition will be favorably granted�

     ~ University of the Philippines

        Response on the request for data on average nominal tariffs by sector
        for the year 1993-2008; and

        Response to the request of Center for the Advancement of Trade
        Integration and Facilitation – University of the Philippines for 2008
        MFN Rates on selected products�

     ~ Yazaki-Torres Manufacturing Inc.

        JPEPA implementation by the Bureau of Customs�

     ~ Vitarich Corporation

        Reply to query on the inclusion of finished feeds in AFTA/ACFTA, raw
        materials and their tariff rates, imposition of tariff on Vietnam fish
        fillet to be competitive, assistance of the government to producers,
        cost comparison of feeds and feed products, occurrence of dumping,
        government subsidies, importation of finished feeds, rules of origin
        and exemptions on aqua feeds with 60% protein from non-ASEAN
        countries�

     ~ NEC Logistics

        Preferential rates under JPEPA�

     ~ Fed Ex Trade Networks

        2009-2012 tariff reduction schedule annexed to EO 814 under the
        ASEAN-China FTA�

     ~ Chamber of Automotive Manufacturers of the Philippines, Inc.
       (CAMPI)

        Request for information/data in connection with the Commission’s
        study on products that are being imported under EO 262�




60
                                                   AnnuAl RepoRt 2009


~ Philippine Fishing Net and Twine Manufacturers Association

   Answer to the request to resolve tariff distortion of nylon resin�

~ KLT Fruits, Inc.

   Clarification in the issuance of AK Form under the ASEAN-Korea Free
   Trade Area Preferential Tariff�

~ General Milling Corporation

   Clarification on the AANZFTA and AIFTA.

~ Fortune Tobacco Corporation

   Tariff Classification of Expanded Tobacco (Processed).

~ ADC Phils, Inc.

   Clarification on the BOC’s implementation of the 2009 AHTN.

~ Philippine Association of Flour Millers, Inc.

   Clarification on the applicable rate of duty on wheat flour (AHTN
   1101�00�10) from China�

~ Belmont

   ACFTA rates of duty on various articles�

~ Faremo International Inc.

   Tariff Classification on knitted garments.

~ Association of Abaca Pulp Manufacturers, Inc.

   Information that abaca is excluded in the AKFTA consultation�

~ Confianza Enterprise

   Request to submit a cost estimate reflecting the extent to which
   savings will redound to lower prices of breast forms/ prosthesis and
   mastectomy bras for the estimation of the possible tariff reduction�




                                                                        61
AnnuAl RepoRt 2009


     ~ TNC Chemicals Philippines, Inc.

       Request to submit a cost estimate reflecting the extent to which
       savings will redound to lower prices of cotton linters for the estimation
       of the possible tariff reduction�

     ~ Avon Products Manufacturing, Inc.

       New rulings affecting Australian import/export�

     ~ Du Pont Far East, Inc.

       CEPT-AFTA rate for 3808�50�11�

     ~ KEPCO SPC Power Corporation

       Classification of Transformers with Transformer Oils.

     ~ Philippine Wood Producers Association

       Rates of Tariff Headings 4407�4410, 4411 and 4412�




62
                                                                   AnnuAl RepoRt 2009


              TARIFF COMMISSION DIRECTORY

Office Address:
      5th Floor, Philippine Heart Center, Medical Arts Bldg. East Avenue, Diliman, Q.C.

Day and Year of Foundation:
      June 20, 1953

Agency Trunkline Number/s, Fax and e-mail Addresses:
      PHC Trunkline —     925-2401 to 50 locals 3501-3509
      Fax No.        —    921-7960
      E-mail address —    tarcm@mydestiny.net
                          info@tariffcommission.gov.ph

Website:
      http://www.tariffcommission.gov.ph

Mother Agency:
      National Economic and Development Authority (NEDA)


Full Names, Designations of Agency Officials, Direct and Local Lines:
                                                                     DIRECT        LOCAL
           NAME(S)                    DESIGNATION
                                                                     LINE(S)       LINE(S)
EDGARDO B. ABON            Chairman                               925-2401 to 50    3501
                                                                    433-5899
                                                                    921-7960
EDGARDO R. MARALIT         Acting Commissioner                    925-2401 to 50    3504
                                                                    433-4252
                                                                    928-8106
MARILOU P. MENDOZA         Acting Commissioner                    925-2401 to 50    3505
                                                                    433-5895
                                                                    921-8106
ROMEO U. SALUTA            Director III                           925-2401 to 50    3506
                           Finance, Management &                    929-1964
                           Administrative Service                   927-3724
ZENAIDA C. LACAR           Director III                           925-2401 to 50    3503
                           Research, Investigation &                433-5898
                           International Trade Analysis Service     926-7476
ARTEMIO D. BERNARDINO      Director II                            925-2401 to 50    3507
                           Research, Investigation &
                           International Trade Analysis Service

VICENTE M. QUEROL          Chief Administrative Officer           925-2401 to 50    3506
                           Financial Management Division,           929-1964
                           FMAS



                                                                                           63
AnnuAl RepoRt 2009


                                                                    DIRECT         LOCAL
        NAME(S)                    DESIGNATION
                                                                    LINE(S)        LINE(S)
ISAGANI D. GARDUQUE      Chief Administrative Officer            925-2401 to 50     3506
                         Administrative Division, FMAS             929-1964
DANNY JOSE G. MATUTINA   Executive Assistant III,                925-2401 to 50     3506
                         Office of the Chairman                    929-1905
                         OIC, Planning, Management
                         Information Systems Division,
                         FMAS
MA. SOCORRO R. CHUA      Officer-In-Charge                       925-2401 to 50     3508
                         Economics, Trade and Industry             433-5896
                         Studies Division, RIITAS
ANGELITA R. FERNANDO     Chief Tariff Specialist                 925-2401 to 50   3508/3510
                         Financial Studies Division, RIITAS        928-8419
EDWARD S.A. BESANA       Officer-In-Charge                       925-2401 to 50   3508/3510
                         Commodities Studies Division,             926-8731
                         RIITAS
MA. LOURDES M. SALUTA    Officer-In-Charge                       925-2401 to 50   3508/3510
                         International Trade Studies Division,     928-8419
                         RIITAS
JEAN C. ALBERTO          Concurrent Board Secretary IV,            433-5898       3504/3505
                         Supervising Tariff Specialist




64
                                                                               Annex “A”
 TARIFF COMMODITY CLASSIFICATION (TCC) RULINGS ISSUED IN 2009
                                                                                    MFN
            Date                                       AHTN         Preferential
TCC No.                          ARTICLE                                           Rate of
           Issued                                     Hdg. No.         Rate*
                                                                                    Duty
                      NPG-25 TONER (BLACK)
09-001    21-Jan-09                                  8443.99 20     JPEPA – Free    Free
                      CARTRIDGE
09-002    08-Apr-09   SAMSUNG YEPP YP-S2             8519.81 90 B       Zero        15%
09-003    08-Apr-09   SAMSUNG YEPP YP-S3             8519.81 90 B       Zero        15%
09-004    08-Apr-09   SAMSUNG YEPP YP-U4             8519.81 90 B       Zero        15%
                      SWEETENED SKIM MILK
09-005    30-Jan-09                                  0402.10 30                     1%
                      POWDER
09-006    25-Feb-09   ALUMINUM (CUT-WIRE) SCRAP      7602.00 00                     1%
09-007                CAPTIVE POWERPLANT 3.5 MW                                      W
09-008    25-Feb-09   CORN GRITS SEMOLINA             1103.13 00                    40%
                      SANYO REFRIGERATORS:
09-009    25-Feb-09   MODEL SR - S182FR, - S202FR,   8418.21 00         5%          10%
                      SR - 8K
                      SANYO REFRIGERATORS:
09-010    02-Mar-09                                   8418.10 10        Zero        10%
                      MODEL SR-F245 N, SR-F225 N
                      FIBER REINFORCED POLYMER
09-011    04-Mar-09                                  3916.90 90     ACFTA-HSL       15%
                      REBAR (FIREP)
                      ALUMINIUM RETORT POUCHES
09-012    06-Mar-09                                  3923.29 00      ACFTA-SL       15%
                      FOR PACKAGING FOOD
09-013    04-Mar-09   PRIMER (PERCUSSION CAP)        3603.00 90                     7%
09-014    06-Mar-09   GAS CARTRIDGE ACTUATOR         3602.00 00                     10%
                      PMG (PULIDO MECHANICO
09-015    28-May-09                                  8543.70 90                     1%
                      GALVANICO
09-016    03-Apr-09   PDQ-H                           3901.10 90                    15%
09-017    06-Mar-09   ACESULFAME-K                   2934.99 90      ACFTA-1%       1%
09-018                LARGE DISPLAY SYSTEM                                           W
                      SANYO WASHING MACHINES:
09-019    26-Mar-09   ASW-A100HT, ASW-A95HT, ASW-    8450.11 90      ACFTA-SL       10%
                      A85HT
                      SANYO LCD MONITOR /
09-020    27-Mar-09                                  8528.72 90         5%          15%
                      TELEVISION
                      SANYO BOTTLE/BEVERAGE
09-021    27-Mar-09                                  8418.50 10         Zero        5%
                      COOLERS
                      SANYO UPRIGHT BOTTLE
09-022    27-Mar-09                                  8418.50 10         Zero        5%
                      COOLERS
09-023    03-Apr-09   SANYO TELEVISIONS              8528.72 90         5%          15%
09-024    27-Mar-09   SANYO CHEST FREEZERS           8418.30 00      ACFTA-5%       5%
09-025    27-Mar-09   SANYO UPRIGHT FREEZERS         8418.40 00         Zero        10%
                      SANYO REFRIGERATOR WITH
09-026    27-Mar-09                                   8418.10 10                    10%
                      FREEZER MODEL SR-615FX
                      SANYO REFRIGERATOR WITH
09-027    24-Mar-09                                   8418.10 10                    10%
                      FREEZER, MODEL SR-700EH3
                      SANYO REFRIGERATORS WITH
09-028    24-Mar-09                                   8418.10 10        Zero        10%
                      FREEZERS
                      SANYO REFRIGERATORS WITH
09-029    24-Mar-09                                  8418.21 00         5%          10%
                      FREEZERS
Annex “A”
                                                                                             MFN
              Date                                              AHTN         Preferential
TCC No.                              ARTICLE                                                Rate of
             Issued                                            Hdg. No.         Rate*
                                                                                             Duty
                        SANYO WINDOW TYPE AIR
 09-030     24-Mar-09                                         8415.10 00A    ACFTA-SL        10%
                        CONDITIONERS
                        SANYO SPLIT TYPE AIR
 09-031     27-Mar-09                                         8415.10 00A    ACFTA-SL        10%
                        CONDITIONERS
                        SANYO FLOOR MOUNTED AIR
 09-032     17-Apr-09                                          8415.83 90    ACFTA-8%        15%
                        CONDITIONERS
 09-033     27-Mar-09   FROZEN ORANGE CELL                    2008.30 90          -          10%
 09-034                 Digital Movie Camera                                                  W
 09-035                 Industrial Microwave Oven                                             W
 09-036     27-Mar-09   SANYO DIGITAL STILL CAMERAS           8525.80.20 A                   Free
                        PROSTHETICS APPLIANCES
 09-037     07-Jul-09   FACTORY EQUIPMENT AND                 8479.89 40 B                   1%
                        ACCESSORIES
                        SANYO TWIN-TUB WASHING
 09-038     03-Apr-09   MACHINES: SW-805XT, SW-                8450.12 00                    10%
                        705XT
 09-039     18-May-09   SANYO WASHING MACHINES                8450.20 00                     1%
 09-040     24-Apr-09   THERMAL LOTTERY ROLL                   4811.90 30                    1%
 09-041     17-Apr-09   BETTING SLIPS                          4911.99 90                    10%
                        LOOSE MOULDS FOR
 09-042     02-Jun-09   CHOCOLATE CANDY                       8438.90 19                     1%
                        MANUFACTURING MACHINE
                        PLASTIC SIEVE (FOR SPLINT
 09-043                                                                                       W
                        SIEVING MACHINE TYPE FIV)
                        AHLSTROM FILTER PAPER,
 09-044     24-Apr-09                                         4805.40 00                     1%
                        GRADE 967
 09-045     11-May-09   LUCTAROM PIGS 1866Z                   3302.90 00                     1%
 09-046     29-Apr-09   LUCTAROM 18285-Z                      2309.90 20                     1%
 09-047     06-May-09   LUCTAROM POULTRY 37057-Z              3302.90 00                     1%
 09-048     06-May-09   LUCTAROM 2062Z                        3302.90 00                     1%
                        VITAZYME BIOSTIMULANT FOR
 09-049     16-Apr-09                                         3808.93 00      AFMA – 0       3%
                        AGRICULTURAL USE
                        CODAN HF/SSB RADIO
 09-050     04-May-09                                          8517.62 59                    Free
                        TRANSRECEIVERS
 09-051     04-May-09   CHEESE POWDER                         2106.90 99 B                   1%
 09-052     26-Jun-09   MONO DICALCIUM PHOSPHATE              3824.90 90 C   3 % -ACFTA      3%
                        SERCON ISOTOPE RATIO MASS
 09-053     22-Jun-09                                          9027.80 30                    0%
                        SPECTROMETER
 09-054     04-Jun-09   SMOKELESS POWDER (LOVEX)               3601.00 00                    1%
                        SMOKELESS POWDER
 09-055     04-Jun-09                                          3601.00 00                    1%
                        (VIHTAVOURI)
                        FAECO G.E.E.S. FK128F T5 IN
 09-056     23-Jun-09                                          9405.10 90    ACFTA-8%        10%
                        T8W FLUORESCENT TUBE
 09-057     29-Jul-09   FLOSPERSE 3290 D                      3906.90 99A    Zero-ACFTA      3%
 09-058     06-Aug-09   ICE PEAK DISPENSER                     8418.69 90                    5%
                        Schoelle Aseptic Bags(003, 005,
 09-059                                                                                       W
                        010, 025, 200) liters cap, blue cap
                                                                                Annex “A”
                                                                                      MFN
            Date                                          AHTN        Preferential
TCC No.                           ARTICLE                                            Rate of
           Issued                                        Hdg. No.        Rate*
                                                                                      Duty
                      Schoelle ASCEPTIC HOTFILL
                      BAGS 003 LITERS CAP, 005
09-060                                                                                 W
                      LITERS CAP, 010 LITERS CAP, 025
                      LITERS CAP
09-061    09-Jun-09   SODIUM HEXAMETAPHOSPHATE          2835.39 90                    1%
09-062    09-Jun-09   SODIUM TRIPOLYPHOSPHATE           2835.31 00                    7%
09-063    07-Jul-09   DIAPHRAGM SEALS                   9026.90 20                    0%
                      PRESSURE SWITCHES OR
09-064    31-Jul-09                                     9032.20 10                    1%
                      CONTROLLERS
                      ALUMINUM FOIL WRAPPER -
09-065    24-Jul-09                                     7607.20 90B       SL          15%
                      KNORR BOUILLON CUBE
09-066                Maspi Aircondition R410A Series                                  W
09-067    24-Jun-09   PC STRANDED WIRE                  7312.10 90B       8%          15%
09-068    17-Jun-09   GARLIC POWDER                     0712.90 10       Zero         3%
                      COMPLETELY KNOCKED DOWN
09-069    29-Jul-09                                     8479.82 10       Zero         1%
                      NOISE PLANT
                      LLDPE MP 1888.11 ETHYLENE-
09-070    29-Jul-09                                     3901.90 90        3%          3%
                      OCTENE COPOLYMER
                      LLDPE MP 1888 ETHYLENE-
09-071    29-Jul-09                                     3901.90 90        3%          3%
                      OCTENE COPOLYMER
                      GAS PURIFYING CARTRIDGE,
09-072    22-Jul-09   FOR SPECTROMETER, PART            8421.39 90       Zero         1%
                      #78060025
09-073                MOTORCYCLE SPROCKETS                                             W
                      POLYPROPYLENE PP REPRO IN
09-074    16-Jul-09                                     3902.10 90B       5%          15%
                      PELLET FORM
                      POLYPROPYLENE PP PRE-
09-075    16-Jul-09                                     3902.10 90        5%          15%
                      CONSUMER REGRIND
09-076    25-Sep-09   NOVAPRO COLLAGEN FIBER            3504.00 00                    1%
                      HP INK CARTRIDGES, MODEL
09-077    23-Jul-09   21/93 HP TONER CARTRIDGES,        8443.99 20                    0%
                      MODEL CB541 A/Q6000A
                      HIGH BARRIER POLYLINER
09-078    09-Sep-09                                     3923.21 90B                   15%
                      (CRYOVAC)
09-079    06-Aug-09   DXN MORINZHI JUICE                2106.90 70       Zero         7%
09-080    29-Jul-09   DXN CORDYPINE                     2106.90 99D      Zero         7%
09-081    31-Jul-09   POTEN-ZHI CAPSULE                 2106.90 70       Zero         7%
09-082    24-Aug-09   GANO MASSAGE OIL                  3304.99 90       Zero         7%
09-083    24-Jul-09   DXN CORDYCEPS                     2106.90 70       Zero         7%
09-084    30-Jul-09   LION’S MANE HERBAL CANDY          2106.90 70       Zero         7%
09-085    30-Jul-09   ROSELLE HERBAL CANDY              2106.90 70       Zero         7%
09-086    27-Jul-09   SPICA TEA                         2106.90 99D      Zero         7%
09-087    30-Jul-09   DXN ROSELLE JUICE                 2106.90 70       Zero         7%
09-088                SPIRULINA CEREAL                                                 W
09-089    27-Aug-09   ZHI MINT LOZENGES                 2106.90 70       Zero         7%
09-090    24-Aug-09   ANDRO-G                           2106.90 70       Zero         7%
09-091    31-Jul-09   DXN MORINZYME                     2106.90 70       Zero         7%
Annex “A”
                                                                                    MFN
              Date                                   AHTN         Preferential
TCC No.                             ARTICLE                                        Rate of
             Issued                                 Hdg. No.         Rate*
                                                                                    Duty
 09-092     23-Jul-09   DXN BEE POLLEN              2106.90 70       Zero            7%

                        MAIZE WHOLE GRAIN CORN     1005.90 90 A                  In-Quota 35
 09-093     24-Aug-09
                        (CHAMPAGNE MAIS)           1005.90.90 B                  Out-Quota 50
 09-094     16-Jul-09   ZINC SULPHATE              2833.29 10B        1%             1%
 09-095     27-Jul-09   CRODAZOSOFT DBQ            3402.90 94         3%             5%
 09-096     27-Jul-09   DP CLN WAVE REFILLS 30CT   3304.99 90                        7%
                        HIGH IMPACT POLYSTYRENE
 09-097     14-Sep-09                               3903.19 00        5%             15%
                        (IDEMITSU)
 09-098     27-Aug-08   YONDELIS (TRABECTEDIN)     3004.90 10                         0
                        SANYO REFRIGERATORS WITH
 09-099     30-Jul-09                               8418.10 10       Zero            10%
                        FREEZERS
 09-100     06-Aug-09   COMPACT FLUORESCENT LAMP    9405.10 90        5%             10%
 09-101     24-Aug-09   CENASPHERES (CP300-B)       2842.10 00    ACFTA - 0          3%
 09-102     24-Aug-09   ARLA WHIPPING CREAM        0402.99 00                        5%
                        PORK RIND PELLETS FOR
 09-103     20-Aug-09                               0210.99 20                       7%
                        SNACKS PRODUCTION
                        COUNTRY GOODNESS SKIM
 09-104     09-Sep-09                               0401.10 00                       3%
                        MILK 1L
                        COUNTRY GOODNESS LOW FAT
 09-105     09-Sep-09                              0401.20 00                        3%
                        MILK
                        COUNTRY GOODNESS CALCI
 09-106     09-Sep-09                              0401.20 00                        3%
                        EXTRA 1L
                        COUNTRY GOODNESS FRESH
 09-107     09-Sep-09                              0401.20 00                        3%
                        PURE MILK 1L
                        POLYMETHANE POLYPHENYL
 09-108     25-Aug-09                              3909.30 90     ACFTA - 0          7%
                        ISOCYANATE
 09-109     25-Sep-09   MIRALENE                    3006.10 90                       1%
 09-110     15-Sep-09   PREMICRON                   3006.10 90                       1%
 09-111     18-Sep-09   CATGUT PLAIN                3006.10 90        0%             1%
 09-112     16-Sep-09   PREMILENE                   3006.10 90                       1%
 09-113     16-Sep-09   CATGUT CHROM                3006.10 90        0%             1%
 09-114     16-Sep-09   DAFILON                     3006.10 90        0%             1%
 09-115                 CELSITE                                                       W
 09-116     29-Oct-09   UNIGRAFT                    9021.39 00                       1%
 09-117     29-Oct-09   VASCUGRAFT PTFE             9021.39.00                       1%
 09-118     17-Sep-09   SAFIL                       3006.10 90                       1%
 09-119     18-Sep-09   SILKAM                      3006.10.90         0             1%
 09-120     25-Sep-09   BONE WAX (KNOCHENWACHS)     3006.10 90                       1%
 09-121     18-Sep-09   TENDOFIL                    300610 90                        1%
 09-122     18-Sep-09   MONOPLUS                    3006.10 90                       1%
 09-123     18-Sep-09   MONOSYN                     3006.10 90                       1%
 09-124     17-Sep-09   LYOSTYPT                    3006.10 90                       1%
 09-125     11-Nov-09   PREMILENE MESH             9021.90 00                        3%
 09-126     15-Sep-09   PLANTACARE 2000 UP          3402.13 00                       3%
                                                                              Annex “A”
                                                                                     MFN
            Date                                        AHTN        Preferential
TCC No.                           ARTICLE                                           Rate of
           Issued                                      Hdg. No.        Rate*
                                                                                     Duty
09-127    02-Dec-09    AMMONIUM CHLORIDE IN BAGS      2827.10 00        0%            1%
09-128                 JASMINE ANTISTATIC CLOGS                                       W
09-129    18-Sep-09    COPPER WIRE ROD                7408.11 00    AKFTA - 0          1
                                                                    JPEPA – 15
09-130    14-Sep-09    SWITCH ASSY WIPER              8536.50 99A                     15
                                                                     CEPT – 0
                       SWITCH ASSY, TURN SIGNAL                     JPEPA – 15
09-131    14-Sep-09                                   8536.50 99A                     15
                       (T/S) AND DIMMER                              CEPT – 0
09-132    14-Sep-09    KEY SET                        8301.20 00     JPEPA - 0         1
                                                                    JPEPA – 15
09-133    14-Sep-09    SWITCH ASSY, HAZARD            8536.50 99A                     15
                                                                     CEPT - 0
                       SWITCH SET, WINDOW                           JPEPA – 15
09-134    14-Sep-09                                   8536.50 99A                     15
                       REGULATOR MASTER                              CEPT - 0
09-135    09-Oct-09    POWDERED COOKED CHICKEN        1602.32 90B                    40%
09-136    18-Sep-09    CLEXA (ENOXAPARIN SODIUM)      3004.90 10                      0%
                       HOWARD AUTOMATIC VOLTAGE
09-137                                                                                W
                       REGULATOR
09-138                 TINOGARD TT                                                    W
09-139                 PE RASCHEL MESH BAG                                            W
                       ORANGE ACEROLA LEMON
09-140    03-Nov-09                                   2106.90 52                     10%
                       COMPOUND
09-141    03-Nov-09    APPLE ACEROLA COMPOUND         2106.90 52                     10%
09-142    29-Oct-09    NOVAPOL (LLDPE GI-2024-A)      3901.90 90                      3%
09-143    29-Oct-09    NEURONOX                       3004.90 99    AKFTA – 0         5%
                       PS536GS DIRECT GAS-FIRED
09-144    17-Nov-09                                   8419.81 20                      1%
                       CONVEYOR OVEN
                       PS536 DIRECT GAS-FIRED
09-145    17-Nov-09                                   8419.81 20                      1%
                       CONVEYOR OVEN
09-146    29 Oct. 09   DELI MUTISSERIE                8419.81.10                      1%
                       PS360E ELECTRICALLY-HEATED
09-147    03-Dec-09                                   8419.81 10                      1%
                       CONVEYOR OVEN
09-148    29-Oct-09    VENTURECLAD 1555CW             3919.90 90                     15%
09-149                 VENTURECLAD 1577CW; 1578CW                                     W
09-150                 VENTURECLAD PLUS 1578CW                                        W
                                                      3919.10 90;                    15%
09-151    29-Oct-09    VENTUREGUARD -H 1574CW
                                                      3919.90 90                      5%
                       TURBOCHEF-THE TORNADO
09-153    29-Oct.-09                                  8514.30 90A                     1%
                       OVEN
09-154    03-Nov-09    HONEY GRAHAM 506739 T          3302.10 90                      1%
                       NUTRI C SALO SALO AMERICAN
09-155    12-Nov-09                                   2106.90 52        3%           10%
                       ORANGE FLAVOR
                       HINO FM1JRUA (6X4, LEFT-HAND
09-156    12-Nov-09                                   8704.23 49    JPEPA-15%      MFN – 20%
                       DRIVE) TEN-WHEELER TRUCK
09-157    03-Nov-09    TURBOCHEF - THE 13 OVEN        8514.30 90A                     1%
                       METALASTIK TYPE CHEVRON
09-158    04-Jan-10                                   8607.91 00                      3%
                       SPRING
                       INVEGA SUSTENNA
09-159    03-Dec-09                                   3004.90 99                      5%
                       (PALIPERIDONE PALMITATE)
Annex “A”
                                                                                     MFN
              Date                                      AHTN         Preferential
TCC No.                           ARTICLE                                           Rate of
             Issued                                    Hdg. No.         Rate*
                                                                                     Duty
                        ARMADILLO STAINLESS STEEL
 09-160     22-Dec-09                                 8546.90 00                      1%
                        COPPER CLOSURE
                        PREFORMED LINE PRODUCTS
                        FIBREGUARD CLOSURE,
 09-161     14-Dec-09                                 8546.90 00     ACFTA – 0        1%
                        MODELS: FIBREGUARD 500 AND
                        FIBREGUARD 650
                        PREFORMED LINE PRODUCTS:
 09-162     08-Jan-10   COYOTE® IN-LINE RUNT          8546.90 00                      1%
                        CLOSURE
                        BARGOA CEANS NON-SEALED
 09-163     08-Jan-10                                 8546.90 00                      1%
                        SPLICE CLOSURE
                        BARGOA CEASH SEALED
 09-164     08-Jan-10                                 8546.90 00                      1%
                        SPLICE CLOSURE
                        MAEC IN-LINE SPLICE
 09-165     22-Dec-09                                 8536.90 19                     Free
                        CONNECTOR
                        NETWORK CABLE: RN-OPTICAL
 09-166     08-Jan-10                                 8536.70 00 C                   15%
                        TERMINATION BOX
                        XTERA ASCENFLOW WAN
 09-167     12-Nov-09                                  8517.62 21                    Free
                        TRAFFIC MANAGER
                        XTERA ASCENLINK LOAD
 09-168     17-Nov-09                                  8517.62 21                    Free
                        BALANCER
                        EMERSON 10-PAIR IDC
 09-169     22-Dec-09                                 8536.90 19                     Free
                        TERMINAL BLOCK (URLS10)
                        NENSHI 10-PAIR
 09-170     08-Jan-10                                 8536.90 19                     Free
                        DISCONNECTION MODULE
                        TEAR DROP PATTERN
 09-171     17-Nov-09                                 7208.40 00     ACFTA – 3%       7%
                        CHEQUERED STEEL SHEETS
 09-172     24-Nov-09   DXN SPIRULINA TABLETS          2106.90 70         0           7%
 09-173     24-Nov-09   DXN GANOZHI TOOTHPASTE         3306.10 90         0           7%
                        GANOZHI MOISTURIZING MICRO
 09-174     03-Dec-09                                 3304.99 90        Zero          7%
                        EMULSION
                        DXN ALOE V FACIAL CLEANSING
 09-175     03-Dec-09                                 3401.30 00         5%          10%
                        FOAM
 09-176     14-Dec-09   GANOZHI SOAP                   3401.11 20        5%          10%
 09-177     03-Dec-09   GANOZHI BODY FOAM             3401.30 00         5%          10%
 09-178     17-Nov-09   DXN GANOCELIUM                 2106.90 70        0%           7%
 09-179     24-Nov-09   TALCUM POWDER                 3304.91 00          0           7%
 09-180     17 Nov-09   DXN REISHI GANO                2106.90 70         0           7%
 09-181     04-Dec-09   GANOZHI SHAMPOO                3305.10 00         0          10%
 09-182     14-Dec-09   GANOZHI LIQUID CLEANSER       3401.30 00         5%          10%
                        DXN ALOE V HAND AND BODY
 09-183     24-Nov-09                                 3304.99 10          0           7%
                        LOTION
 09-184     24-Nov-09   GANOZHI TONER                 3304.99 90          0          7%
                                                      2101.12 00A        5%         30%-In
                        DXN 2 IN 1 LINGZHI COFFEE                                   Quota
 09-185     07-Dec-09
                        PLUS                          2101.12 00B        5%         45%-Out
                                                                                     Quota
                                                                               Annex “A”
                                                                                     MFN
            Date                                        AHTN         Preferential
TCC No.                         ARTICLE                                             Rate of
           Issued                                      Hdg. No.         Rate*
                                                                                     Duty
                                                      2101.12 00A        5%         30%-In
                                                                                    Quota
09-186    24-Nov-09   LINGZHI COFFEE 3 IN 1
                                                      2101.12 00B        5%         45%-Out
                                                                                     Quota
09-187    17-Nov-09   GANOZHI LIPSTICK                 3304.10 00         0          7%
                                                      2101.11 10A        5%         30%-In
                                                                                    Quota
09-188    03-Dec-09   LINGZHI BLACK COFFEE
                                                      2101.11 10B        5%         45%-Out
                                                                                     Quota
                      METALLOCENE ETHYLENE-
09-189                HEXENE COPOLYMER (Enable                                        W
                      27-05CH)
                      METALLOCENE ETHYLENE-
09-190                HEXENE COPOLYMER (Enable                                        W
                      27-03CH)
                      LAMINATION STEEL PLATE FOR
09-191    03-Dec-09                                    8503.00 19                     1%
                      206MVA GENERATOR
09-192    14-Dec-09   LUVIQUAT MONO CP                2923.90 00                      1%
                      TRICYCLE POWERED BY
09-193                ELECTRIC MOTOR, MODEL:          8703.90 90 D                   30%
                      TERRAIN
                      BICYCLES POWERED BY
09-194    24-Nov-09                                   8711.90 90C                    30%
                      ELECTRIC MOTOR
                      CookTek Magnawave Systems,
                      Models: MC250F, MC-2502S,
09-195                                                                                W
                      MC-3002F, MC-3002S, MC-3502F,
                      MC3502S
                      MIDDLEBY MARSHALL DIRECT
09-196    03-Dec-09   GAS-FIRED CONVEYOR OVEN,         8419.81 20                     1%
                      MODELS: PS520G AND PS540
                      TURBOCHEF- I5 RAPID COOK
09-197    24-Nov-09                                   8514.30 90A                     1%
                      OVEN
                      MIDDLEBY MARSHALL ELECTRIC
09-198    03-Dec-09   COUNTERTOP CONVEYOR              8419.81 10                     1%
                      OVEN, MODEL PS520E
09-199    02-Dec-09   EVOLUE-H SP3505                  3901.90 90        2%           3%
                      NACHO CHIP MERCHANDISER/
09-200    04-Dec-09   WARMER, MODELS: 12 NCPW          8419.81 10                     1%
                      AND 15 NCPW
                      Star Nacho Cheese Warmer,
                      Models: 3WLA-P, 3WLA-HS,
09-201                                                                                W
                      3WLA-W, 3WLA-4H, 7WL, 11WLA-
                      P, 11WLA-HS and 11WLA
                      DEFIBRILLATOR, MODELS: TEC-
09-202                                                 9018.19 00    JPEPA – Zero     1%
                      5521K and TEC-5531K
Annex “A”
                                                                                                  MFN
                 Date                                                  AHTN       Preferential
TCC No.                                     ARTICLE                                              Rate of
                Issued                                                Hdg. No.       Rate*
                                                                                                  Duty
                              Life Scope BEDSIDE MONITORS,
                              MODELS: BSM-9101K, BSM-
                              6301K, BSM-6501K, BSM-6701K,
 09-203        18-Jan-10                                             9018.19 00   JPEPA – Zero     1%
                              BSM-2301K, BSM-2303K, BSM-
                              2351K, BSM-2353K, BSM-5105K,
                              BSM-5135K
                              CENTRAL MONITOR, MODELS:
 09-204                                                              9018.19.00   JPEPA – Zero     1%
                              CNS-9701K and CNS-9601K
                              Life Scope BEDSIDE MONITOR,
 09-205        14-Dec-09                                             9018.19 00   JPEPA – Zero    1%
                              MODEL: BSM-4000 SERIES
                              TELEMETRY SYSTEMS, MODELS:
 09-206                                                                                            W
                              WEP-420K AND WEP 4208K
                              LIFESCOPE N BEDSIDE
 09-207                                                              9018.19 00   JPEPA – Zero     1%
                              MONITOR, MODEL: OPV-1500K
 09-208        14-Dec-09      AQUA TISSUE/MAGIC TOWEL                6307.90 90                   15%
                              ELECTRIC FAN MOTOR (TF3-
 09-209        08-Jan-10                                             8501.40 10        0           1%
                              235M)
 09-210                       Pervade                                3402.90 11                    5%
 09-211                       Retain Pro                             3402.90 11                    5%
                              Etna Strong Motion Recording
 09-212                                                              9015.80 90                    1%
                              System
 09-213                       Mycept (Mycophenolate Mofetil)         3004.90 99                    5%
 09-214                       Tagraf (Tacrolimus)                    3004.90 99                    5%
 09-215        12-Jan-10      DXN NONIZYME™                          2206.00 90   CEPT – Zero      5%
 09-216        14-Jan-10      ZHI CA PLUS                            1704.90 90   CEPT – Zero     15%
 09-217        08-Jan-10      DXN Aloe V Hydrating Toner             3304.99 90   CEPT – Zero      7%
 09-218                       DXN Aloe V Aqua Gel                    3304.99 90   CEPT – Zero      7%
 09-219        08-Jan-10      DXN Aloe V Cleansing Gel               3401.30 00   CEPT – Zero     10%
 09-220        07-Jan-10      DXN Aloe V Nutricare Cream             3304.99 10   CEPT – Zero      7%
 09-221        08-Jan-10      Ractopamine Hydrochloride              2921.49 00   CEPT – Zero      1%
 09-222        08-Jan-10      El-Pro P443J                           3902.30 90   CEPT – Zero     15%
                              Mimiflo PP Feeding Bottle
 09-223        08-Jan-10                                             3924.90 90   ACFTA – 5%      15%
                              (Polypropylene)
                              MIMIFLO STANDARD FEEDING
 09-224        02-Feb-10                                             7013.42 00   ACFTA – 0%       5%
                              BOTTLE BOROSILICATE GLASS
 * The preferential rate is CEPT rate unless otherwise indicated.

 AHTN      – ASEAN Harmonized Tariff Nomenclature
 MFN       – Most Favored Nation

 ACFTA     – ASEAN-China Free Trade Agreement
 AKFTA     – ASEAN-Korea Free Trade Agreement
 CEPT      – Common Effective Preferential Agreement

 P         – Processing
 W         – Withheld pending submission of required additional information
                                                                                                Annex “B”
                      FOREIGN TRAININGS/SEMINARS ATTENDED

               Date                     Trainings/Seminars                                Venue

December 15-17            International Conference on Enforcement of          Ho Chi Minh, Vietnam
                          Competition Law in ASEAN countries and
                          International Practice

December 3-4              1st AEGC High-Level Policy Dialogue                 Medan, Indonesia

November 28- December 3   7th WTO Ministerial Conference                      Geneva, Switzerland

November 24-26            5th ASEAN Experts Group on Competition              Nha Trang, Vietnam
                          (AEGC) Capacity Workshop on Approaches,
                          Methodologies, Techniques and the Related
                          Best or Replicable Practices in Investigation and
                          Enforcement

November 24-25            Workshop on Trade Facilitation Among ASEAN          Changchun Jilin Province,
                          Plus China, Japan and Korea                         China

November 10-13            Regional Workshop on Challenges in the              Bangkok, Thailand
                          Implementation of Competition Law

October 3-18              Study Visit for High-Level Officials of ASEAN       Paris, France
                          Competition Regulatory Bodies
                                                                              Brussels, Belgium

                                                                              Bonn, Germany

                                                                              London, United Kingdom

September 14-18           Competition Law &Impact on Foreign Direct           Singapore
                          Investments (FDIs) for ASEAN Countries

August 23-27              The Economics of Monopoly/Dominance                 Da Lat, Vietnam

August 23-25              Regional Workshop on Competition Policy             Dalat, Vietnam

August 17-September 19    Group Training Course (Leaders Training) on         Osaka, Japan
                          Competition Policy and Law

August 18-19              Workshop on the Development of ASEAN                Yogyakarta, Indonesia
                          Handbook on Competition Policy and Law

August 17-19              Fifth APEC Training Course on Competition           Chinese, Taipei
                          Policy

August 11-17              41st ASEAN Economic Ministers Meeting (AEM)         Bangkok, Thailand

August 9-13               4th ASEAN Experts Groups on Competition             Langkawi, Malaysia
                          (AEGC) Meeting and 4th AEGC Training
                          Workshop on Approaches, Methodologies and
                          Techniques of Competition Law

July 30-31                1st ASEAN Experts Group on Competition              Bali, Indonesia
                          (AEGC) Regional Guidelines Workshop

July 14-16                RP IAP Peer Review Session                          Singapore
Annex “B”

               Date                 Trainings/Seminars                              Venue

July 6-9              Trans Regional EU-ASEAN Trade Initiative          Singapore
                      (TREAT) Workshop on Competition Policy

June 28-July 1        5th East Asia Conference on Competition Law       Ulaanbaatar, Mongolia
                      and Policy and 5th Top Level Officials’ Meeting
                      on Competition Policy

March 27              Kick-Off Meeting with German Technical            Kuala Lumpur, Malaysia
                      Cooperation (GTZ) Team on Appraisal Mission

March 25-26           3rd ASEAN Experts Group on Competition            Kuala Lumpur, Malaysia
                      (AEGC) Meeting

March 3-6             7th ASEAN-EU Joint Committee Meeting              Kuala Lumpur, Malaysia

February 2-8          2nd Senior Economic Official’s Meeting for        Bangkok, Thailand
                      the 40th ASEAN Economic Ministers Meeting
                      (SEOM 2/40) and its related meetings
                                                                                              Annex “C”
                      LOCAL TRAININGS/SEMINARS ATTENDED

            Date                       Trainings/Seminars                                 Venue

November 23-26            Introduction to Trade Policy and the WTO         PTTC, Pasay City
                          Seminar

October 22                Chief Information Officers Forum (CIOF) 4th      Hotel Intercon, Makati City
                          General Assembly

October 1-30              In House Seminar/Workshop on Database            TC Conference Room
                          Management Using MS Access

October 9                 Meeting with the MIS Staff from the National     National Computer Center, U.P.
                          Computer Center re Bar Code                      Diliman, Quezon City

October 8                 ACER Technology Product Update                   Crowne Plaza Hotel, Ortigas

September 30              Annual Forum on ODS Alternative and              Sulo Hotel, Quezon City
                          Consultation on Montreal Protocol Issues (EMB-
                          POD)

September 28-30           2nd Meeting of the Working Group for             Intercontinental Hotel, Makati City
                          Developing Regional Guidelines on ASEAN
                          Competition Policy and Law (CPL) in the
                          Philippines

September 18              Meeting with National Computer Center (NCC)/     National Computer Center, UP
                          CICT re Inquiry/Assistance on Creating Bar       Diliman, Quezon City
                          Code

September 11              Seminar on Linux, Open Source                    RCBC Plaza, Ayala, Makati City

August 25                 Chief Information Officers Forum (CIOF) 3rd      Crowne Plaza Hotel, Ortigas
                          General Assembly Meeting                         Center, Pasig City

August 21                 Meeting with BOC on National Single Windows      Bureau of Customs, Manila
                          (EO 482)

August 17 and September   TWG Meeting on Substitute Bill on Anti-          Senate Committee on Ways and
24                        Smuggling                                        Means, Senate of the Philippines,
                                                                           Pasay City

August 17                 Meeting with Bureau of Customs (BOC) on          Bureau of Customs, Manila
                          Interconnection between BOC and TC

August 14 and 28          Training Program on Benefits and Compensation    UP College of Public Administration
                          Administration, and Conflict Management and      and Governance
                          Grievance Resolution

August 12-14              National Forum to Strengthen Policies and        AIM, Makati City
                          Opportunities for Forest Investment in the
                          Philippines

July 20                   Seminar/Dialogue on the Implementation of COA Commission on Audit,
                          Circular No. 2009-002 on Reinstituting Selective Commonwealth Ave., Quezon City
                          Pre-Audit on Government Transactions
Annex “C”

              Date                      Trainings/Seminars                                  Venue

July 10, 2009              GS3, Your Business, Our Tools, Our Solutions       Greenbelt 5, Makati City
                           Seminar

May 28-29                  National Workshop on Trade and Environment         DENR, Visayas Ave., Quezon City

May 13-22                  Training on Database Management Using MS           Statistical Research and Training
                           Access                                             Center

April 15-17                Training on Technical Report Writing               TC Conference Room

March 31-April 2           54th Meeting of the Coordinating Committee         Richmonde Hotel, Ortigas Center,
                           on the Implementation of the CEPT Scheme for       Pasig City
                           AFTA (CCCA)

March 28-30                30th ASEAN ROO-Task Force Meeting                  Richmonde Hotel, Ortigas Center,
                                                                              Pasig City

March 23                   2009 National Worker’s Congress                    Mall of Asia Complex, Pasay City

March 4-6, 9-10            Canadian International Development Agency          Makati Palace Hotel, Makati City
                           (CIDA) Technical Assistance Program on Trade
                           Remedies Phase 3

February 23-24 and 26-27   Seminar on the Analysis of Philippine Bioethanol   Dusit Hotel, Makati City
                           Policy with Excel Spreadsheet/Add in Tool
                           (SEEx)

February 9-13              WTO Trade Facilitation National Assessment of      Bureau of Customs, Port Area,
                           Needs and Priorities for Philippines               Manila

				
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Description: Heart Center Schedule of Trainings and Seminars document sample