(NAR) VOL. 22 NO. 2, APRIL - JUNE 2011
Specific:
ATIGA - Asean Trade in Goods Agreement
ACFTA - Asean China Free Trade Agreement
AKFTA - Asean Korea Free Trade Agreement
AJCEP - Asean Japan Comprehensive Economic Partnership Agreement
AANZFTA - Asean Australia New Zealand Free Trade Agreement
AIFTA - Asean India Free Trade Agreement
PJEPA - Philippines Japan Economic Partnership Agreement
3.3.1 Director, IAS - Chairman
3.3.2 Deputy Collector for, Assessment, POM - Vice-Chairman
3.3.3 Deputy Collector for Assessment, MICP - Member
3.3.4 Deputy Collector for Assessment, NAIA - Member
3.3.5 Chief of the Export Coordination Division - Member
(Head Secretariat)
3.4.1 To see to it that the necessary mechanics for the effective implementation of the FTA Preferential Tariff Scheme are immediately put in place.
3.4.2 To formulate plans and policies and submit the necessary recommendations to the Commissioner of Customs on how the operations of the FTA Preferential Tariff Scheme may be made more effective and to devise ways preventing the possible abuse of the Tariff rate privileges accorded under it.
3.4.3 To coordinate with the private sector in the selective/random verification of the existence of businesses of certain suppliers for purposes of determining the origin of particular articles claiming preference.
3.4.4 To computerized the implementation of the FTA Preferential Tariff Scheme.
3.5.1 It shall provide administrative support and technical assistance to the Committee.
3.5.2 The Head of the Secretariat shall be the Chief of the Export Coordination Division.
4.3.1 Upon receipt of the Certificates of Origin, the PRU-FED Officer shall match the signature of the issuing official with specimen/signature submitted.
4.3.2 The official seal/stamp on the C.O. shall also be matched with the sample submitted.
4.3.3 Any discrepancy found in the signatures and seal/stamp of the C.O. including the format, shall be subjected to verification with the issuing country.
4.4.1 When there is a reasonable doubt as to the authenticity of the document or as to the accuracy of the information regarding the true origin of the products or certain parts thereof, a check with the issuing authority shall be undertaken in the following manner:4.4.1.1 The PRU-FED officer assigned shall prepare an official written request on a customs letterhead addressed to the FTA OVERSIGHT COMMITTEE, specifying the reasons/s for the request and any additional information suggesting that the particulars given on the said C.O. maybe inaccurate.
4.4.1.2 The written request shall be signed by the PRU-FED officer duly noted by the Deputy Collector for Assessment and shall be accompanied by the original copy and triplicate of the C.O.
4.4.1.3 The Deputy Collector for Assessment shall cause the transmittal of the request to the FTA Oversight Committee, Port Area, South Harbor, Manila, which in turn shall make the official verification with the issuing authority.
4.5.1 Unless there is a prima facie evidence or probable cause that the C.O. is spurious or, the information therein is false or the shipment itself is attendant with violations, the shipment may be granted provisional release: under the terms described in 4.3.3 to 4.3.4.
4.5.2 The PRU-FED officer assigned shall determine the difference of the duties and taxes due on the article/s based on the regular rate of duty and the FTA Preferential rate.
4.5.3. The PRU-FED officer subject to the approval of the Deputy Collector for Assessment shall require the importer to post a guarantee in the form of either a managers or cashiers check which is equal to the difference in 4.5.2 before release of the shipment.
4.5.4 The Cash Division shall hold the check in abeyance until an order to deposit or return the MC, Cash Bond, from the Deputy Collector for Assessment is received.
4.6.1 The article/s indicated in the Certificate of Origin must correspond to articles/imported. The discovery of minor discrepancies or obvious clerical or typographical errors’ in the statement made in the certificate of origin and in the other, documents supporting the entry shall not render the application for preferential tariff invalid where it is clear and apparent that the certificate of origin of the article refers to the article/s imported.
4.6.2 The imported article/s must be included in the Philippine Inclusion List cited in specific executive order and circularized under particular CMC.
4.6.3 The imported article/s must be included in the Product and Tariff Reduction Schedule of the applying FTA member country. If the article/s is in the Product and tariff Reduction Schedule of the applicant member country and the rate of duty is 20% and below, the tariff rate preference shall be allowed the rate of duty is more than 20%, the application for tariff rate preference shall not be allowed.
4.11.1 In all cases wherein the importer is not amenable to a decision, the PRU- FED officer shall elevate the matter to the Deputy Collector for Assessment.
4.12.2 The Deputy Collector for Assessment upon receipt of the protest shall endeavor to resolve the case immediately. However, if the importer is not satisfied with the decision of the Deputy Collector, he/she shall make a protest in writing indicating therein the reason/s for the protest.
4.12.3 Upon receipt of a writing protest, the case shall be heard by the Deputy Collector in the presence of the importer or his/her duly authorized representative and PRU-FED officer assigned who shall be guided by the terms, of the Free Trade Agreement. In cases of protest over classification of a particular item, the Deputy Collector may seek the assistance of the Tariff Commission.
4.12.4 The decision of the Deputy Collector shall be summary in nature. The case may be elevated to the District Collector under a regular protest case.