Section 1608 CMTA Procedure Philippines PDF

1. What is Section 1608 of the Customs Modernization and Tariff Act (CMTA)? Section 1608 (Flexible Clause) of Republic Act (R.A.) No. 10863, otherwise known as the CMTA, provides the legal basis by which the President may: (1) change the level and form of import duties, (2) impose an im...

1. What is Section 1608 of the Customs Modernization and Tariff Act (CMTA)? Section 1608 (Flexible Clause) of Republic Act (R.A.) No. 10863, otherwise known as the CMTA, provides the legal basis by which the President may: (1) change the level and form of import duties, (2) impose an import quota or ban imports, and (3) levy an additional duty on all imports. 2. Who can file a Section 1608 petition for tariff modification? Any interested party, including domestic manufacturers, importers, exporters, customs brokers, and government agencies, may file a Section 1608 petition for tariff modification. The Tariff Commission (TC) conducts investigations on the petitions it receives during which public hearings are held to afford interested parties reasonable opportunity to present their views. TC submits its findings and recommendations to the National Economic and Development Authority (NEDA), which then schedules these for deliberation by the Tariff and Related Matters (TRM) Technical and Cabinet Committees. Final approval is granted by the NEDA Board after which, TC prepares the implementing Executive Order. 3. What is the procedure for filing a Section 1608 petition for tariff modification? A petitioner is required to accomplish TC Form 3 (Request for Tariff Modification), which is available in TC and downloadable from TC’s website: www.tariffcommission.gov.ph. 4. Are there any fees to be paid by petitioners? Petitions found to be meritorious under Section 1608 are subject to a Filing Fee of Five Thousand Pesos (P5,000.00) per tariff heading, per petitioner, which is collected prior to the conduct of public hearing. A Legal Research Fund Fee of Fifty Pesos (P50.00) per tariff heading is also collected. Petitioners also share in the publication cost of TC’s Notice of Public Hearing (which is published in two newspapers of general circulation). A petitioner’s share in the publication cost is based on the number of products he is petitioning for tariff modification and subject of the public hearing. 5. What is the timetable for completion of a Section 1608 investigation? The Commission completes its investigation and submits its report of findings and recommendations to NEDA within thirty (30) days after the termination of the public hearing. 6. How does one file a petition for tariff modification under Section 1608? The checklist of requirements and the step-by-step procedure in filing a request for tariff modification under Section 1608 of the CMTA can be found in the TC Citizen's Charter uploaded on the Commission’s website. Page 2 / Revised July 2020