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(NAR) VOL. 15 NOS. 1-2 / JANUARY - MARCH 2004

[ SRA SUGAR ORDER NO. 5, S. 2003-2004, February 06, 2004 ]


WHEREAS, premix sugar, as presently classified under Sub-Heading No. 2106.90 of the Harmonized System (HS) Tariff and Customs Code, is being imported for use in the making of beverages or food preparations for domestic consumption;

WHEREAS, the aforesaid premix is basically sugar in substance and in essence;

WHEREAS, there is an immediate need to closely monitor the importation of premix sugar in order not to jeopardize the primary objective/function of the Sugar Regulatory Administration (SRA) of maintaining a balanced and rationalized supply of sugar in the domestic market for the long term interest of the sugar industry;

NOW, AND THEREFORE, under and by virtue of the authority vested in the Sugar Regulatory Administration (SRA), it is hereby ordered that:

SECTION 1. Scope and Definition - This Sugar Order shall apply to all imported premix sugars, defined as - articles/products containing more than 65% by dry weight of sugar derived from sugarcane, sugar beets or whatever origin mixed with other ingredients or substances used as raw material in the making of beverages and food for human consumption.

SECTION 2. Premix Import Certificate - The importer/consignee of imported sugar covered by this Order shall apply for a Premix Import Certificate (PREMIC) with the SRA, said PREMIC shall serve as import allocation for a given year prior to importation.

The importer/consignee shall submit to SRA the following documents, to serve as bases in granting them their PREMIC, to wit:

1.  Industrial Technology and Development Institute (ITDI) Certification on quantity of premix sugar used on domestic products.

2.  Domestic sales invoices and summary of sales of previous/current year of the locally produced commodity/ies containing premix sugar

3.  Corporate up-to-date documents:

3.1  SEC Registration
3.2  BOI/DTI Registration
3.3  BIR/VAT Registration
3.4  Mayor's Permit

The importer/consignee shall pay an application fee for its annual import allocation of P12,000/application.

SECTION 3. Premix Release Clearance - The importer/consignee of premix sugar shall apply with the SRA for a release clearance prior to withdrawal of the subject sugar from the Bureau of Customs (BOC), attached to the application the following documents:

1)  Bill of Lading
2)  Packing List
3)  Pro-Forma Invoice
4)  Inward Foreign Cargo Manifest

The SRA shall issue the Release Clearance for the withdrawal of the imported premix sugar from BOC on the following conditions, namely: i) the aforecited documents have been complied with and in order, ii) the SRA, in cooperation with the BOC, has ascertained that the imported premix sugar is not the type of sugar under HS 1701 of the TCCP as defined herein, and iii) the importer/consignee has paid a Monitoring Fee of P16.00/LKg-Bag.

SECTION 4. Misdeclared Premix Sugar - Import shipment declared as premix sugar but found to be sugar under HS 1701 as defined herein, shall be subject to seizure proceedings by the BOC.

SECTION 5. Cooperation of the Bureau of Customs (BOC) - In order for the SRA to effectively monitor the entry of imported premix sugar in the exercise of its regulatory functions, the full cooperation of the BOC is hereby requested.

SECTION 6. This Order shall take effect immediately.

SECTION 7. Provisions of Sugar Orders, Circular Letter, rules and regulations contrary to or inconsistent with this Order are hereby amended, revoked or modified accordingly.

Adopted: 06 Feb. 2004

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