Questions and Answers
What factor determines a petitioner's share of the publication cost?
How long does the Tariff Commission have to submit its Report of Findings for a withdrawal or suspension of tariff concessions?
Which document provides the rules and regulations for TC's formal investigation on tariff concessions?
What must be referred to in order to file a petition for modification, withdrawal, or suspension of tariff concession?
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Which statement describes the Tariff Commission's timeline for a Section 1609 investigation?
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What does the TC consider when investigating for withdrawal or suspension of tariff concessions?
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What authority does Section 1609 of the CMTA provide the President regarding trade agreements?
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Which form must a petitioner complete when requesting a withdrawal of tariff concessions under Section 1609?
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What is the total fee a petitioner must pay for a meritorious petition concerning a single tariff heading?
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What does TC stand for in the context of petitions filed under Section 1609?
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What role does the National Economic and Development Authority (NEDA) play in the petition process?
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In what instances are petitions charged a filing fee?
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How many newspapers must TC publish the Notice of Public Consultation in?
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What is the minimum amount of payment required just for the Legal Research Fund Fee for a meritorious petition?
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Study Notes
Section 1609 of the CMTA
- Establishes the legal foundation for the Philippine President to negotiate trade agreements and adjust import duties.
- Formally recognized under the Customs Modernization and Tariff Act (CMTA), Republic Act No. 10863.
Filing Procedures for Petitions
- Interested parties must submit petitions to the Tariff Commission (TC).
- Petitions require completion of TC Form 3 (for Tariff Modification) or TC Form 4 (for Withdrawal/Suspension of Tariff Concession).
- These forms are accessible at TC offices and online on the TC website.
Investigation Process
- TC conducts investigations and holds public hearings to allow input from interested parties.
- Findings and recommendations from investigations are forwarded to the National Economic and Development Authority (NEDA).
- NEDA deliberates recommendations through the Tariff and Related Matters Technical and Cabinet Committees.
- Final approval is given by the NEDA Board, after which TC issues the implementing Executive Order.
Fees for Petitioners
- Petitions deemed valid are subject to a filing fee of Five Thousand Pesos (P5,000.00) per tariff heading.
- An additional Legal Research Fund Fee of Fifty Pesos (P50.00) is charged per tariff heading.
- Petitioners share costs for the publication of TC's Notice of Public Consultation in two newspapers, determined by the number of products involved.
Timetable for Investigations
- Tariff Modification: TC must complete investigations and report findings to NEDA within thirty days after public consultations end.
- Withdrawal/Suspension of Tariff Concessions: Reports must be submitted within sixty days from receipt of a well-documented petition.
- Commission Order No. 02-01 outlines regulations for TC's investigations related to tariff concessions.
Filing a Petition
- A checklist of requirements and the complete process for submitting requests under Section 1609 is available in the TC Citizen's Charter on the Commission's website.
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Description
Test your understanding of Section 1609 of the Customs Modernization and Tariff Act (CMTA). This quiz covers the legal aspects of trade agreements, filing procedures, and the roles of different parties involved in tariff modifications. Perfect for students and professionals in international trade law.
