WEEK 1 & 2 Flashcards
CMTA: Tariff Commission, Flexible Clause, Tariff Nomenclature and Rate of Duty
Who appoints the Chairperson and Commissioners of the Tariff Commission?
The President of the Philippines
What are the citizenship requirements for the Chairperson and Commissioners of the Tariff Commission?
Natural-born citizens of the Philippines
What character traits must the Chairperson and Commissioners possess?
Good moral character and proven integrity
What is the main restriction on the Chairperson and Commissioners during their term?
They shall not engage in the practice of any profession or intervene in private enterprise
Can the Chairperson and Commissioners have financial interests in government contracts?
No, they cannot be financially interested in any contract with the government
Who appoints all employees of the Tariff Commission?
The Chairperson, in accordance with the Civil Service Law
What is the purpose of the official seal of the Tariff Commission?
The Commission is authorized to adopt an official seal
What is one of the functions of the Tariff Commission?
Adjudicate cases on the application of trade remedies against imports
What must the Tariff Commission study regarding tariff policies?
The impact on national competitiveness and consumer welfare
What does the Tariff Commission administer?
The Philippine tariff schedules and tariff nomenclatures
What type of rulings does the Tariff Commission issue?
Advance rulings on tariff classification of imported goods
To whom does the Tariff Commission provide independent analysis and technical support?
The President and Congress of the Philippines
What type of information does the Tariff Commission analyze?
The nature and composition, and classification of goods according to tariff commodity classification
What is a function of the Tariff Commission regarding trade agreements?
Review trade agreements and make recommendations on consistency with national policy objectives
What is required of the Commission before conducting public consultations?
They must conduct public hearings pursuant to its functions
What access does the Commission have during investigations?
Access to any document pertinent to the subject matter under investigation
What power does the Commission have regarding testimonies during investigations?
Power to summon witnesses, take testimony, administer oaths, and issue subpoenas
What kind of statements can the Commission order during proceedings?
Sworn statements
What must importers and manufacturers file with the Commission?
A statement under oath giving selling prices of goods
What is the role of the Tariff Commission in promulgating rules?
To adopt rules and regulations necessary to carry out the provisions of the Act
The officials of the Tariff Commission shall consist of _________________________ appointed by the President of the Philippines.
Chairperson and two (2) Commissioners
All employees of the Commission shall be appointed by the ______________ in accordance with the Civil Service Law except as the private secretaries to the offices of the Chairperson, Commissioners and Executive Director.
a. Bureau
b. Commission
c. Chairperson
d. Commissioner
c. Chairperson
Readings!!!!!!
SECTION 1603. Functions of the Commission.— The Commission shall have the following functions:
(a) Adjudicate cases on the application of trade remedies against imports pursuant to Sections 711, 712 and 713 of this Act;
(b) Study the impact of tariff policies and programs on national competitiveness and consumer welfare inline with the economic objectives of the government;
(c) Administer the Philippine tariff schedules and tariff nomenclatures;
(d) Issue advance rulings on tariff classification of imported goods and render rulings on disputes over tariff classification of goods pursuant to Section 1100 of this Act, except in cases involving goods on which the Commission has provided advance ruling on tariff classification:
(e) Provide the President and Congress with independent analysis, information and technical support on matters related to tariff and nontariff measures affecting Philippine industries and exports for policy guidance;
(f) Analyze the nature and composition, and the classification of goods according to tariff commodity classification and heading number for customs and other related purposes, which information shall be furnished the NEDA DTI, DA, DOF, DENR, and BSP;
(g) Review the trade agreements for negotiation and trade agreements entered into by the Philippines and make recommendations, if necessary, on the consistency of the terms of the agreements with the national policy objectives;
(h) Conduct public consultations and public hearings pursuant to its functions; and
(i) Deputize or delegate, to appropriate government agency its function of rendering rulings on disputes over tariff classification of goods, until the plantilla positions necessary for undertaking such function have been approved and filled-up; Provided, That such delegation of function shall not extend beyond three (3) years from the effectivity of this Act.
Who provide the President and the Congress with independent analysis, information and technical support on matters related to tariff and nontariff measures affecting Philippine industries and exports and policy guidance?
Commission
Commission shall analyze the nature and composition, and classification of goods according to tariff commodity classification and heading number for customs and other related purposes, which information shall be furnished the ___________________.
NEDA DTI, DA, DOF, DENR, and
BSP;
One of the functions of the Commission is to deputize or delegate, to appropriate government agency its function of rendering rulings on disputes over tariff classification of goods, until the plantilla positions necessary for undertaking such function have been approved and filled-up; Provided, That such delegation of function shall ______________________________ from the effectivity of this Act
not extend beyond three (3) years
The Commission shall place at the disposal
of the ____________ and ______________________ all information at its
command.
President; any Member of the Congress of the Philippines
Commission shall conduct such investigations and submit reports as may be required by the __________________________.
President and the Congress of the Philippines
When shall the Commission likewise report to the President and Congress a statement of methods adopted and a summary of all reports made during the year?
first Monday of December of each year and hereafter
Readings!!!!!!!!!!
The Commission or its duly authorized representative shall have access to any document, paper or record pertinent to the subject matter under investigation, in the possession of any person, firm, copartnership, corporation, or association engaged in the production, importation, or distribution of goods under investigation, and shall have power to summon witnesses, take testimony, administer oaths, and to issue subpoena duces tecum requiring the production of books, papers, or documents relating to the matter under investigation. The Commission may also request the views, recommendations, and assistance of any government office, agency, or instrumentality who shall be expected to cooperate fully with the Commission.
The Commission may order the taking of __________________ at any stage of any proceeding or investigation before it. The sworn statements must be made before a person duly authorized to administer oaths.
sworn statements
When may the Commission order the taking of sworn statement?
at any stage of any proceedings or investigation before it
The Commission is authorized to require any ___________________________________ to file with the Commission a statement, under oath, giving the selling prices in the
Philippines of goods imported, grown, produced, fabricated or manufactured by such person.
importer, grower, producer, manufacturer or seller
President, upon recommendation of the NEDA may increase, reduce, or remove existing rates of import duty including any necessary change in classification. The existing rates may be increased or decreased to any level, in one or several stages, but in no case shall the increased rate of import duty be higher than a maximum of ______________________
one hundred percent (100%) ad valorem;
President, upon recommendation of the NEDA may ___________________________ existing rates of import duty including any necessary change in classification. The existing rates may be increased or decreased to any level, in one or several stages, but in no case shall the increased rate of import duty be higher than a maximum of one hundred percent (100%) ad valorem;
increase, reduce, or remove
Is the President empowered to establish import quotas or ban imports of any commodity, as may be necessary?
Yes, upon recommendation of the NEDA based on Sec. 1608 CMTA
True or False
President upon recommendation of the NEDA may impose an additional duty on all imports not exceeding ten percent (10%) specific tax whenever necessary: Provided, That upon periodic investigations by the Commission and recommendation of the NEDA, the President may cause a gradual reduction of rates of import duty granted in Section 1611 of this Act, including those subsequently granted pursuant to this section.
False
President upon recommendation of the NEDA may impose an additional duty on all imports not exceeding ten percent (10%) AD VALOREM whenever necessary: Provided, That upon periodic investigations by the Commission and recommendation of the NEDA, the President may cause a gradual reduction of rates of import duty granted in Section 1611 of this Act, including those subsequently granted pursuant to this section.
Before any recommendation is submitted to the President by the NEDA pursuant to
the provisions of Section 1608 of the CMTA, except in the imposition of an additional duty not exceeding ten percent (10%) ad valorem, the Commission shall conduct an investigation and shall hold public hearings wherein interested parties shall be afforded reasonable opportunity to be present, to produce evidence and to be heard. The Commission shall also hear the views and recommendations of any government office, agency, or instrumentality. The Commission shall submit its findings and recommendations to the NEDA _____________________________.
within thirty (30) days after the termination of the public hearings.
The imposition of additional duty
not exceeding ten percent (10%) ad valorem which shall take effect at _______________of the
President
the discretion
True or False
The power delegated to the President as provided for in section 1608 shall be
exercised only when Congress is not in session.
True
How can the Congress withdrawn or terminated the power delegated to the President in Section 1608?
Through a joint resolution
What is the purpose of promoting foreign trade according to Section 1609?
To expand foreign markets for Philippine products and assist in economic development, overcome domestic unemployment, increase purchasing power of the Philippine peso, and establish better relations with other countries.
What actions can the President take to promote foreign trade?
The President can:
* Enter into trade agreements with foreign governments
* Modify import duties and restrictions as necessary.
What must be observed when modifying import duties or fixing import quotas?
The requirements prescribed in subsection (a) of Section 1608 of this Act.
True or False: Modifications in import duties pursuant to trade agreements are subject to the limitations of Section 1608.
False
To which goods do the modified duties and import restrictions apply?
Goods that are the growth, produce, or manufacture of the specific country with which the Philippines has a trade agreement.
Under what circumstances can the President suspend the application of concessions on goods?
Due to acts or policies that tend to defeat the purposes of the section, including operations of international cartels.
What authority is not granted by Section 1609 regarding foreign indebtedness?
The authority to cancel or reduce any indebtedness of foreign countries to the Philippines or claims against them.
What is required before concluding a trade agreement with a foreign government?
Reasonable public notice of the intention to negotiate must be given.
Which organizations should the Commission seek information and advice from when advising the President on a trade agreement?
DTI, DA, DOF, DENR, DFA, and BSP.
What factors must the Commission consider regarding domestic industry before a trade agreement?
Whether the domestic industry has suffered or is threatened with injury and the reasonableness of wholesale prices.
What must the NEDA do after evaluating the Commission’s report?
Submit recommendations to the President.
What can the President prescribe upon receiving the NEDA’s report?
Adjustments in import duties, withdrawal or modification of concessions, establishment of import quotas, or other import restrictions.
What should happen if unauthorized increases in wholesale prices occur?
The NEDA shall notify the President, who shall allow importation of competing products to protect the public.
Does Section 1609 prevent future preferential trade agreements?
No, it does not prevent the effectiveness of any executive agreement or future preferential trade agreement.
Who is responsible for promulgating procedures, rules, and regulations under Section 1609?
The NEDA and the Commission.
