Section 1609 CMTA Procedure PDF

1. What is Section 1609 of the Customs Modernization and Tariff Act (CMTA)? Section 1609 (Promotion of Foreign Trade) of Republic Act (R.A.) No. 10863, otherwise known as the CMTA, provides the legal basis by which the President may enter into trade agreements with foreign governments a...

1. What is Section 1609 of the Customs Modernization and Tariff Act (CMTA)? Section 1609 (Promotion of Foreign Trade) of Republic Act (R.A.) No. 10863, otherwise known as the CMTA, provides the legal basis by which the President may enter into trade agreements with foreign governments and modify import duties and other import restrictions as part of these trade agreements. 2. Who can file and what are the filing procedures under Section 1609 for petitions for tariff modification and withdrawal/suspension of concessions under international trading arrangements? Interested parties may file their petitions under Section 1609 with the Tariff Commission (TC). A petitioner is required to accomplish either TC Form 3 (Request for Tariff Modification) or TC Form 4 (Request for Withdrawal/Suspension of Tariff Concession) which are available in TC and downloadable from TC’s website: www.tariffcommission.gov.ph. 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. Are there any fees to be paid by petitioners? Petitions found to be meritorious under Section 1609 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 a public consultation. 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 Consultation which is published in two (2) newspapers of general circulation. A petitioner’s share of the publication cost is based on the number of products he is petitioning for withdrawal/suspension of tariff concession and subject of the public consultation. 4. What is the timetable of a Section 1609 investigation? Tariff Modification. TC completes its investigation and submits its Report of Findings and Recommendations to NEDA within thirty (30) days after the termination of the public consultation. Withdrawal or Suspension of Tariff Concessions. Taking into account unforeseen difficulties that stakeholders may face as the Philippines implements its international tariff commitments, TC investigates and submits its Report of Findings and recommendations to NEDA within sixty (60) days from receipt of a properly documented petition. Commission Order No. 02-01 provides the rules and regulations governing the conduct of TC’s formal investigation on the withdrawal and/or suspension of tariff concessions. Page 2 / Revised July 2020 5. How does one file a petition for modification, withdrawal, or suspension of tariff concession under Section 1609? The checklist of requirements and the step-by-step procedure in filing a request for modification, withdrawal or suspension of tariff concession under Section 1609 of the CMTA can be found in the TC Citizen's Charter uploaded on the Commission’s website. Page 3 / Revised July 2020