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S. No. 1920 H. No. 34254 / 88 OG No. 22, 3227 (June 1, 1992) 3 VLD 46 2d
[ REPUBLIC ACT No. 7369, April 10, 1992 ]
AN ACT GRANTING TAX AND DUTY EXEMPTION AND TAX CREDIT ON CAPITAL EQUIPMENT
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Paragraph (c), Article 39, Title III of the Omnibus Investments Code of 1987 is hereby amended to read as follows:
SEC. 2. Paragraph (d), Article 39, Title III of the same Code, is likewise amended to read as follows:
SEC. 4. Pursuant to the preceding Section, a domestic manufacturer of any of the articles enumerated therein shall be entitled to a tax credit equivalent to one hundred percent (100%) of the national intemal revenue taxes, customs duties and levies actually paid on the raw materials used in the manufacture of the article. The purchaser of such article shall likewise be entitled to a tax credit of one hundred percent (100%) of the value of the National Internal Revenue taxes, customs duties imposed thereon under Section 104 of the Tariff and Customs Code of 1978, as amended, and levies provided by law or presidential decree had such article been imported.
SEC. 5. As used in this Act, the term domestic manufacturer' shall mean a citizen of the Philippines; a partnership or any other association organized under Philippine laws, with at least sixty percent (60%) of its capital owned and controlled by citizens of the Philippines; a corporation or cooperative organized under Philippine laws with at least sixty percent (60%) of its capital stock outstanding and entitled to vote owned and held by citizens of the Philippines, and with at least sixty percent (60%) of the members of its Board of Directors being citizens of the Philippines.
SEC. 6. The Board of Investments (BOI) shall issue certificates for the tax credit mentioned in Section 4 hereof after evaluation as to whether the manufactured article falls under Section 3 of this Act: Provided, however, That the domestic manufacturer has not availed of tax credits thereon under any other investment incentive law, order, rule or regulation: Provided, further, That availment of the tax credit provided for under this Act shall bar the availment of tax credits under such other laws, orders, rules or regulations.
SEC. 7. The BOI shall formulate and publish guidelines for the implementation of this Act in the Official Gazette and in any newspaper of general circulation within ninety (90) days after its approval.
SEC. 8. All laws, decree, orders, issuances and rules and regulations of parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 9. This Act shall take effect fifteen (15) days after the implementing rules have been published and shall be in effect for five (5) years from the date of its approval.
Approved,
This bill which is a consolidation of Senate Bill No. 1920 and House Bill No. 34254, was finally passed by the Senate and the House of Representative on February 7, 1992.
Approved: APR 10 1992
(Sgd.) CORAZON C. AQUINO
President of the Philippines
SECTION 1. Paragraph (c), Article 39, Title III of the Omnibus Investments Code of 1987 is hereby amended to read as follows:
"(c) Tax and Duty Exemption on Imported Capital Equipment. - Until December 31, 1994, importations of machinery and equipment and accompanying spare parts of new and expanding registered enterprise shall be exempt to the extent of One hundred percent (100%) of the customs duties and national internal revenue tax payable thereon: Provided, That the importation of machinery and equipment and accompanying spare parts shall comply with the following conditions:"(1) They are not manufactured domestically in sufficient quantity, of comparable quality and at reasonable prices;
"(2) They are reasonably needed and will be used exclusively by the registered enterprise in the manufacture of its products, unless prior approval of the Board is secured for the part-time utilization of said equipment in a non-registered activity to maximize usage thereof or the proportionate taxes and duties are paid on the specific equipment and machinery being permanently used for non-registered activities;
"(3) The approval of the Board was obtained by the registered enterprise for the importation of such machinery, equipment and spare parts." In granting the approval of the importations under this paragraph, the Board may require international canvassing but if the total cost of the capital equipment or industrial plant exceeds US$5,000,000.00, the Board shall apply or adopt the provisions of Presidential Decree Numbered 1764 on international Competitive Bidding.
"If the registered enterprise sells, transfers or disposes these machinery, equipment and spare parts without prior approval of the Board within five (5) years from the date of acquisition, the registered enterprise and the vendee, transferee, or assignee shall be solidarily liable to pay twice the amount of the tax exemption given it.
"The Board shall allow and approve the sale, transfer, disposition of the said items within the said period of five (5) years if made:"(aa) to another registers enterprise or registered domestic producer enjoying similar incentives;
"(bb) for reason of proven technical obsolescence; or
"(cc) for purposes of replaceement to improve and/or expand the operations of the registered enteprises."
SEC. 2. Paragraph (d), Article 39, Title III of the same Code, is likewise amended to read as follows:
"(d) Tax credit on Domestic Capital Equipment. - A tax credit equivalent to One hundred percent (100%) of the value of the national internal revenue taxes and customs duties that would have been waived on the machinery, equipment and spare parts, had these items been imported shall be give to the new and expanding registered enterprise which purchases machinery equipment and spare parts from a domestic manufacture: Provided, That (1) that the said equipment, machinery and spare parts are reasonably needed and will be used exclusively by the registered enterprise in the manufacture of its products, unless prior approval of the Board is secured for the part-time utilization of said equipment in a nonregistered activity to maximize usage thereof; (2) that the equipment would have qualified for tax and duty-free importation under paragraph (c) hereof; (3) that the approval of the Board was obtained by the registered enterprise; and (4) that the purchase is made on or before December 31, 1994. If the registered enterprise sells, transfers, or disposes of these machinery, equipment and spare parts, the provision in the preceding paragraph for such disposition shall apply." SEC. 3. For a period three (3) years starting January 1, 1995, the following imported articles shall be exempt from duties imposed under Section 104 of the Tariff and Customs Code of 1978, as amended, and all kinds of levies provided by law or presidential decree::Provided, however, That the National Economic and Development Authority may, upon due notice and public hearing, and in consultation with concerned government agencies, exclude any item from the foregoing list, subject to the condition that the machinery or equipment is being manufactured domestically in sufficient quantity, of comparable quality and at a reasonable price.
HDG. NO. HARMONIZED
SYSTEM CODEDESCRIPTION 84.02 Steam or other vapour
generating boilers
(other than central
heating hot water
boilers capable also of
producing low pressure
steam); super-heated
water boilers.
- Steam or other vapour
generating boilers;8402.11 00 - Watertube boilers with
a steam production
exceeding 45 t per hour8402.12 -- Watertube boilers
with a steam production
not exceeding 45 t per
hour;8402.12 10 ---- With rating above
9.4 t per hour8402.12 90 ---- Other 8402.19 ---- Other vapour
generating boilers,
including hybrid
boilers;8402.19 10 ------ With rating above
9.4 t per hour
8402.19 90------ Other 8402.20 - Super-heated water
boilers8402.20 10 ---- With rating above
9.4 t per hour8402.20 90 ---- Other
x x x84.03 Central heating boilers
other than those of
heading No. 84.02.8403.10 00 - Boilers
x x x84.04 Auxiliary plant for use
with boilers of heading
No. 84.02 or 84.03 (for
example, economisers,
super-heaters, soot
removers, gas
recoverers); condensers
for steam or other
vapour power units.8404.10 - Auxiliary plant for
use with boilers of
heading No. 84.02 or
84.03;8404.10 10 -- Auxiliary plant for
use with boilers of
heading No. 84.028404.10 90 - Other 8404.20 00 - Condensers for steam
and other vapour power
units
x x x84.05 Producer gas or water
gas generators, with or
without their purifiers;
acetylene gas generators
and similar water
process gas generators,
with or without their
purifiers.8405.10 00 - Producers gas or water
gas generators, with or
without their purifiers;
acetylene gas generators
and similar water
process gas generators,
with or without their
purifiers.
x x x84.06 Steam turbines and other
vapour turbines.
- Turbines:8406.11 00 For marine propulsion 8406.19 00 Other
x x x84.07 Spark-ignition
reciprocating or rotary
internal combustion
piston engines.
x x x
- Marine propulsion
engines:8407.21 00 -- Outboard motors
x x x
- Reciprocating piston
engines of a kind used
for the propulsion of
vehicles of Chapter 87;8407.31 -- Of a cylinder
capacity not exceeding
50 cc
x x x84.08 Compression-ignition
internal combustion
piston engines (diesel
or semi-diesel engines).8408.10 00 - Marine propulsion
engines
x x x84.10 Hydraulic turbines,
water wheels, and
regulators therefor.
- Hydraulic turbines and
water wheels:8410.11 00 -- Of a power not
exceeding 1,000 kw8410.12 00 --- Of a power exceeding
1,000 kw but not
exceeding 10,000 kw8410.13 00 -- Of a power exceeding
10,000 kw
x x x84.13 Pumps for liquids,
whether or not fitted
with a measuring device;
liquid elevators.
- Pumps fitted or
designed to be fitted
with a measuring device;
x x x8413.19 00 Other 8413.20 00 Hand pumps, other than
those of subheading No.
8413.11 or 8413.198413.30 00 - Fuel, lubricating or
cooling medium pumps for
internal combustion
piston engines8413.40 00 Concrete pumps 8413.50 00 Other reciprocating
positive displacement
pumps8413.60 00
- Other rotary positive
displacement pumps8413.70 00
- Other centrifugal
pumps;8413.70 10 -- Centrifugal water
pumps, single stage,
single suction,
horizontal shaft type
suitable for belt drive
or direct coupling
(except pumps with
shafts common with prime
mover) with casings and
impellers of cast iron
or bronze8413.70 90 -- Other - Other pumps; liquid
elevators;8413.81 00 Pumps 8413.82 00
Liquid elevators
x x x84.14 Air or vacuum pumps, air
or other gas compressors
and fans; ventilating or
recycling hoods
incorporating a fan,
wether or not fitted
with filters.8414.00 00 - Vacuum pumps
x x x8414.30 00 - Compressors of a kind
used in refrigerating
equipment.
x x x8414.40 00 - Air compressors
mounted on a wheeled
chassis for towing
x x x8414.60 0 - Hoods having a maximum
horizontal side not
exceeding 120 cm8414.80 00 - Other
x x x84.16 Furnace burners for
liquid fuel, for
pulverized solid fuel or
for gas; mechanical
stokers, mechanical
grates, mechanical ash
dischargers and similar
appliances.8416.10 00 - Furnace burners for
liquid fuel8416.20 00 - Other furnace burners,
including combination
burners8416.30 00 - Mechanical stokers,
mechanical grates,
mechanical ash
dischargers and similar
appliances
x x x84.17 Industrial or laboratory
furnaces and ovens,
including incinerators,
non-electric.8417.10 00 - Furnaces and ovens for
the roasting, melting or
other heat-treatment of
ores, pyrites or of
metals8417.20 00 - Bakery ovens,
including biscuit ovens8417.80 00
- Other
x x x84.19 Machinery, plant or
laboratory equipment,
whether or not
electrically heated, for
the treatment of
materials by a process
involving a change of
temperature such as
heating, cooking,
roasting, distilling,
rectifying, sterilizing,
pasteurising, steaming,
drying, evaporating,
vaporising, condensing
or cooling, other than
machinery or plant of a
kind used for domestic
purposes; instantaneous
or storage water
heaters, non-electric.
- Instantaneous or
storage water heaters,
non-electric;8419.11 00 - Instantaneous gas
water heaters8419.19 00 Other
x x x
- Dryers;8419.31 00
For agricultural
products8419.32 00 For wood, paper pulp,
paper or paperboard8419.39 -- Other; 8419.39 10 ---- Driers for printing
plate making8419.39 90 ---- Other 8419.40 00 Distilling or rectifying
plant8419.50 00 Heating exchange units 8419.60 00 - Machinery for
liquefying air or gas
- Other machinery, plant
and equipment;8419.81 00 -- For making hot drinks
or for cooking or
heating food8419.89 -- Other; 8419.89 10 ---- Sterilising
apparatus (other than
those covered in
subheading No.
8419.2000)8419.89 90 ---- Other
x x x84.20 Calendaring or other
rolling machines, other
than for metals or
glass, and cylinders
therefor.8420.10 00 - Calendaring or other
rolling machines
x x x84.21 Centrifuges, including
centrifugal dryers;
filtering or purifying
machinery and apparatus,
for liquids or gases.
- Centrifuges, including
centrifugal dryers;8421.11 00 -- Cream separators 8421.17 00 -- Clothes-dryers
(EXCLUDING THOSE FOR
HOUSEHOLD USE)8421.19 00 -- Other
-- Filtering or
purifying machinery and
apparatus for liquids;8421.21 00 -- For filtering or
purifying water
(EXCLUDING THOSE FOR
HOUSEHOLD USE)8421.22 00 -- For filtering or
purifying beverages
other than water
(EXCLUDING THOSE FOR
HOUSEHOLD USE)8421.23 00 -- Oil or petrol-filters
for internal combustion
engines8421.29 00 -- Other
(EXCLUDING THOSE FOR
HOUSEHOLD USE)
-- Filtering or
purifying machinery
and apparatus for gases;8421.31 00 -- Intake air filters
for internal combustion
engines8421.39 00 -- Other
(EXCLUDING THOSE FOR
HOUSEHOLD USE)
x x x
84.22
Dish washing machines;
machinery for cleaning
or drying bottles or
other containers;
machinery for filling,
closing, sealing,
capsuling or labelling
bottles, cans, boxes,
bags or other
containers; other
packing or wrapping
machinery, machinery for
aerating beverages.
- Dish washing machines;
x x x8422.19 00 -- Other
x x x8422.30 00 - Machinery for filling,
closing, scaling,
capsuling or labelling
bottles, cans, boxes,
bags or other
containers; machinery
for aerating beverages8422.40 00 -- Other packing or
wrapping machinery
x x x84.25 Pulley tackle and hoists
other than skip hoists;
winches and capstans;
jabs.
- Pulley tackle and
hoists other than skip
hoists or hoists of a
kind used for raising
vehicles;8425.11 00 Powered by electric
motor8425.19 00 Other 8425.20 00 Pit-head winding gear;
winches specially
designed for use
underground
- Other winches;
capstans;8425.31 00 -- Powered by electric
motor8425.39 00 -- Other
-- Jacks; hoists of a
kind used for raising
vehicles;8425.41 00 -- Built-in jacking
system of a type used in
garages8425.42 00 -- Other jacks and
hoists, hyradulic8425.49 00 -- Other 84.26 Derricks; cranes,
including cable cranes;
mobile lifting frames,
straddle carriers and
works trucks fitted with
a crane.
- Overhead travelling
cranes, transporter
cranes, gantry cranes,
bridge cranes, mobile
lifting frames and
straddle carriers;8426.11 00 -- Overhead travelling
cranes on fixed support8426.12 -- Mobile lifting frames
on tyres and straddle
carriers;8426.12 10 -- Straddle carriers 8426.12 20 -- Mobile lifting frames
on tyres8426.19 00 -- Other 8426.20 00 - Tower cranes 8426.30 00 -- Portal or pedestal
jib cranes
Other machinery,
self-propelled;8426.41 -- On tyres; 8426.41 10 -- Crane trucks 8426.41 90 -- Other 8426.49 00 -- Other
- Other machinery;8426.91 00 -- Designed for mounting
on road vehicles8426.99 00 -- Other
x x x84.28 Other lifting, handling,
loading or unloading
machinery (for example,
lifts, escalators,
conveyors, teleferics).8428.10 00 - Lifts and skip hoists 8428.20 00 - Pneumatic elevators
and conveyors
- other continuousaction
elevators and
conveyors, for goods or
materials;8428.31 00 -- Specially designed
for underground use8428.32 00 -- Other, bucket type 8428.33 00 -- Other, belt type 8428.39 00 -- Other 8428.40 00 - Escalators and moving
walkways8428.50 00 Mine wagon pushers,
locomotive or wagon
traversers, wagon
tippers and similar
railway wagon handling
equipment8428.60 00 - Teleferics,
chair-lifts,
ski-draglines; traction
mechanisms for
funiculars8428.90 00 - Other machinery 84.29 Self-propelled
bulldozers, angledozers,
graders, levellers,
scrapers, mechanical
shovels, excavators,
shovel loaders, tamping
machines and road
rollers.
- Bulldozers and
angledozers8429.11 00
-- Track laying8429.19 00 -- Other 8429.20 00 - Graders and levellers 8429.30 00 - Scrapers 8429.40 00 - Tamping machines and
road rollers
- Mechanical shovels,
excavators and shovel
loaders8429.51 00 -- Front-end shovel
loaders8429.52 00 -- Machinery with a 360
deg. revolving
superstructure8429.59 00 -- Other 84.30 Other moving, grading,
leveling, scraping,
excavating, tamping,
compacting, extracting
or boring machinery, for
earth, minerals or ores;
pile-drivers and pile
extractors; snow-ploughs
and snow-blowers.8430.10 00 - Pile-drivers and pile
extractors
x x x
- Coal or rock cutters
and tunnel ling
machinery;8430.31 00 -- Self-propelled 8430.39 00 -- Other
- Other boring or
sinking machinery;8430.41 00 -- Self-propelled 8430.49 00 -- Other 8430.50 00 - Other machinery,
self-propelled
- Other machinery, not
self-propelled;8430.61 00 -- Tamping or compacting
machinery8430.62 00 -- Scrapers 8430.69 00 -- Other
x x x84.33 Harvesting or threshing
machinery, including
straw or fodder balers;
grass or hay mowers;
machines for cleaning,
sorting or grading eggs,
fruit or other
agricultural produce,
other than machinery of
heading No. 84.37.
x x x8433.20 00 - Other mowers,
including cutter bars
for tractor mounting8433.30 00 - Other haymaking
machinery8433.40 00 - Straw or fodder
balers, including
pick-up balers
- Other harvesting
machinery; threshing
machinery;8433.51 00 Combine
harvester-threshers8433.52 00 Other threshing
machinery8433.53 00 Root or tuber harvesting
machines8433.59 00 Other 8433.60 00 Machines for cleaning,
sorting or grading eggs,
fruit or other
agricultural produce84.34 Milking machines and
dairy machinery.8434.10 00 - Milking machines 8434.20 00 - Dairy machinery
x x x84.35
Presses, crushers and
similar machinery used
in the manufacture of
wine, cider, fruit
juices or similar
beverages.8435.10 00 - Machinery
x x x84.37 Machines for cleaning,
sorting or grading seed,
grain or dried
leguminous vegetables,
machinery used in the
milling industry or for
the working of cereals
or dried leguminous
vegetables, other than
farm-type machinery.8437.10 - Machinery for
cleaning, sorting or
grading seed, grain or
dried leguminous
vegetables;8437.10 10
For bread grains (e.g.
wheat, rye)8437.10 90 Other 8437.80 Other Machinery; 8437.80 10 Rice hullers and cone
type rice mill8437.80 90 Other
x x x84.38 Machinery, not specified
or included elsewhere in
this Chapter, for the
industrial preparation
or manufacture of food
or drink, other than
machinery for the
extraction or
preparation of animal or
fixed vegetable fats or
oils.8438.10 00 - Bakery machinery and
machinery for the
manufacture of macaroni,
spaghetti or similar
products8438.20 00 - Machinery for the
manufacture of
confectionery, cocoa or
chocolate8438.30 00
- Machinery for sugar
manufacture8438.40 00 - Brewery machinery 8438.50 00 - Machinery for the
preparation of - meat or
poultry8438.60 00 - Machinery for the
preparation of fruits,
nuts or vegetables8438.80 00
- Other machinery
x x x84.39 Machinery for making
pulp of fibrous
cellulosic materials or
for making or finishing
paper or paperboard.8439.10 00 - Machinery for making
pulp of fibrous
cellulosic material8439.20 00 - Machinery for making
paper or paperboard8439.30 00 - Machinery for
finishing paper or
paperboard
x x x84.40 Book-binding machinery,
including book-sewing
machines.8440.10 00 - Machinery
x x x84.41 Other machinery for
making up paper pulp,
paper or paperboard,
including cutting
machines of all kinds.8441.10 Cutting machines: 8441.10 10 For photographic prints
on paper or paperboard
mounts for photographs.8441.10 90 -- Other 8441.20 00 - Machines for making
bags, sacks or envelopes8441.30 00 - Machines for making
cartons, boxes, cases,
tubes, drums or similar
containers, other than
by moulding8441.40 00 - Machines for moulding
articles in paper pulp,
paper or paperboard8441.80 00 - Other Machinery
x x x84.42
Machinery, apparatus and
equipment (other than
the machine-tools of
headings Nos. 84.56 to
84.65), for typefounding
or typesetting,
for preparing
or making printing
blocks, plates,
cylinders or other
printing components:
printing type, blocks,
plates, cylinders and
other printing
components: blocks,
plates, cylinders and
lithographic stones,
prepared for printing
purposes (for example,
planed, grained or
polished).8442.10 00 -Phototype-setting and
composing machines8442.20 00 - Machinery, apparatus
and equipment for
type-setting or
composing by other
processes, with or
without founding device8442.30 00 - Other machinery,
apparatus and equipment
x x x8442.50 00 - Printing type, blocks,
plates, cylinders and
other printing
components, blocks,
plates, cylinders and
lithographic stones,
prepared for printing
purposes (for example,
planed, grained or
polished)84.43 Printing machinery,
machines for uses
ancillary to printing.
- Offset printing
machinery8443.11 00 -- Reel fed 8443.12 00 -- Sheet fed office type
(sheet size not
exceeding 27 x 36 cm)8443.19 00 -- Other
Letterpress printing
machinery, excluding
flexographic printing:8443.21 00 -- Reel fed 8443.29 00 -- Other 8443.30 00 - Flexographic printing
machinery8443.40 00 - Gravure printing
machinery8443.50 00 - Other printing
machinery8443.60 - Machines for uses
ancillary to printing8443.60 10 -- Proofing machines,
color decks, automatic
splicers, in feed
devices, color
registration equipment,
dehumidifiers,
anti-wrinkle devices,
proof presses, moisture
control stabilizers,
embossing machines,
scoring machines,
automatic registration
controls, saddles,
counter stackers and
ink vibrators8443.60 90 -- Other
x x x84.44 8444.00 00 Machines for extruding,
drawing, texturing or
cutting man-made textile
materials.84.45 Machines for preparing
textile fibers;
spinning, doubling or
twisting machines and
other machinery for
producing textile yarns;
textile reeling or
winding (including weftwinding)
machines and
machines for preparing
textile yams for use on
the machines of heading
No. 84.46 or 84.47.
- Machines for preparing
textile fibers8445.11 00 -- Carding machines 8445.12 00 -- Combing machines 8445.13 00 -- Drawing or roving
machines8445.19 00 -- Other 8445.20 00 - Textile spinning
machines8445.30 00 - Textile doubling or
twisting machines8445.40 00
- Textile winding
(including weftwinding)
or reeling
machines8445.90 00 - Other 84.46 Weaving machines
(looms).8446.10 00 - For weaving fabrics of
a width not exceeding
30 cm.
- For weaving fabrics of
a width exceeding 30 cm.
shuttle type8446.21 00 -- Power looms 8446.29 00 - Other 8446.30 00 - For weaving fabrics of
a width exceeding 30 cm.
shuttleless type84.47 Knitting machines,
stitch-bonding
machines and machines
for making dimmed yarn,
tulle, lace, embroidery,
trimmings, braid or net
and machines for
tufting.
- Circular knitting
machines:8447.11 00 -- With cylinder
diameter not exceeding
165 mm.8447.12 00 -- With cylinder
diameter exceeding
165 mm.8447.20 00 - Flat knitting
machines: stitch-bonding
machines8447.90 00 - Other 84.49 8449.00 00 Machinery for the
manufacture or finishing
of felt or nonwovens in
the piece or in shapes,
including, machinery for
making felt hats; blocks
for making hats.
x x x84.51
Machinery (other than
machines of heading No.
84.50) for washing,
cleaning, wringing,
drying, ironing,
pressing (including
fusing presses),
bleaching, dyeing,
dressing, finishing,
coating or impregnating
textile yams, fabrics or
made up textile articles
and machines for
applying the paste to
the base fabric or other
support used in the
manufacture of floor
coverings such as
linoleum; machines for
reeling, unreeling,
folding, cutting or
pinking textile fabrics.8451.10 00 - Dry-cleaning machines
- Drying machines:8451.21 00 -- Each of a dry linen
capacity not exceeding
10 kg.8451.29 00 -- Other 8451.30 00 - Ironing machines and
presses (including
fusing presses)8451.40 00 - Washing, bleaching or
dyeing machines8451.50 00 - Machines for reeling,
unreeling, folding,
cutting or pinking
textile fabrics8451.80 00 - Other machinery
x x x84.52 8452.30 00 Sewing machine needles
(EXCLUDING THOSE UNDER
SUBHEADING NO. 8452
.10 00)
x x x84.53 Machinery for preparing,
tanning or working
hides, skins or leather
or for making or
repairing footwear or
other articles of hides,
skins or leather, other
than sewing machines.8453.10 00 - Machinery for
preparing, tanning or
working hides, skins or
leather8453.20 00 - Machinery for making
or repairing footwear8453.80 00 - Other machinery
x x x84.54 Converters, ladles,
ingot moulds and
casting machines, of a
kind used in
metallurgy or in metal
foundries.8454.10 00 - Converters 8454.20 00 - Inqot moulds and
ladles8454.30 00 Casting machines
x x x84.55 Metal rolling mills and
rolls therefor.8455.10 00 - Tube mills
- Other rolling mills8455.21 00 -- Hot or combination
hot and cold8455.22 00 -- Cold 8455.30 00 - Rolls for rolling
mills
x x x84.57 Machining centres, unit
construction machines
(single station) and
multistation transfer
machines, for working
metal.8457.10 00 - Machine centres 8457.20 00 - Unit construction
machines (single
Station)8457.30 00 - Multi-station transfer
machines84.58 Lathes for removing
metal.
- Horizontal lathes:8458.11 00 -- Numerically
controlled8458.19 00 -- Other
- Other lathes:8458.91 00 -- Numerically
controlled8458.99 00 -- Other 84.59 Machine-tools (including
way-type unit head
machines) for drilling,
boring, milling,
threading or tapping by
removing metal, other
than lathes of
heading No. 84.58.8459.10 00 -- Way-type unit head
machines
-- Other drilling
machines8459.21 00 -- Numerically
controlled8459.29 00 -- Other
-- Other boring-milling
machines:8459.31 00 -- Numerically
controlled8459.39 00 -- Other 8459.40 00 - Other boring machines
- Milling machines,
knee-type:8459.51 00 -- Nwnerically
controlled8459.59 -- Other
- Other milling machines8459.61 00 -- Numerically
controlled8459.69 00 -- Other 8459.70 00 - Other threading or
tamping machines
x x x84.62
Machine tools (including
presses) for working
metal by forging,
hammering or diestamping;
machine-tools
(including presses) for
working metal by
bending, folding,
straightening,
flattening, shearing,
punching or notching;
pressing for working
metal or metal carbides,
not specified above.8462.10 00 - Forging or diestamping
machines
(including presses) and
hammers
- Bending, folding,
straightening or
flattening machines
(including presses):8462.21 00 -- Nunerically
controlled8462.29 00 -- Other
- Shearing machines
(including presses),
other than combined
punching and shearing
machines:8462.31 00 -- Numerically
controlled8462.39 00 -- Other
- Punching or notching
machines (including
presses), including
combined punching and
shearing machines:8462.41 00 -- Numerically
controlled8462.49 00 -- Other
- Other:8462.91 -- Hydraulic presses: 8462.91 00 -- Presses for moulding
metallic powders by
sintering; presses for
compressing metal scrap
into bales,etc.8462.91 90 -- Other 8462.99 - Other 8462.99 10 -- Presses for moulding
metallic powders by
sintering; presses for
compressing metal scrap
into bales, etc.8462.99 90 -- Other
x x x84.64 Machine tools for
working stone, ceramics,
concrete asbestos-cement
or like mineral
materials or for cold
working glass.8464.10 00 - Sawing machines 8464.20 0 - Grinding or polishing
machines8464.90 00 - Other 84.65 Machine-tools (including
machines for nailing,
stapling, glueing or
otherwise assembling)
for working wood, cork,
bone, hard rubber, hard
plastics or similar hard
materials.8465.10 00 - Machines which can
carry outdifferent types
of machining operations
without tool change
between such operations
- Other:8465.91 00 -- Sawing machines 8465.92 00 -- Planing, milling or
moulding (by cutting)
machines8465.93 00 -- Grinding, sanding or
polishing machines8465.94 00
-- Bending or assembling
machines8465.95 00 -- Drilling or morticig,
machines8465.96 00 -- Splitting, slicing or
paring machines8465.99 00 -- Other 84.68 8468.20 - Other gas-operated
machinery and apparatus:8468.20 10 -- Complete or finished
hand-operated gas
welding, brazing and
cutting appliances for
metal8468.20 90 -- Other
x x x84.74 Machinery for sorting,
screening, separating,
washing, crushing,
grinding, mixing or
kneading earth, stone,
ores or other mineral
substances, in solid
(including powder or
paste) form; machinery
for agglomerating,
shaping or moulding
solid mineral fuels,
ceramic paste,
unhardened cements,
plastering materials or
other mineral products
in powder or paste form;
machines for forming
foundry moulds of sand.8474.10 00 - Sorting, screening,
separating or washing
machines8474.20 00 - Crushing or grinding
machines
- Mixing or kneading
machines:8474.31 00 -- Concrete or mortar
mixers8474.32 00 -- Machines for mixing
mineral substances with
bitumen8474.39 00 -- Other 8474.80 00 - Other machinery
x x x84.75 Machines for assembling
electric or electronic
lamps, tubes or valves
or flashbulbs, in glass
envelopes; machines for
manufacturing or hot
working glass or
glassware.8475.10 00 - Machines for
assembling electric or
electronic lamps, tubes
or valves or flashbulbs,
in glass envelopes8475.20 00 - Machines for
manufacturing or hot
working glass or
glassware
x x x84.77 Machinery for working
rubber or plastics or
for the manufacture of
products from these
materials, not specified
or included elsewhere in
this Chapter.8477.10 00 - Injection-moulding
machines8477.20 00 - Extruders 8477.30 00 - Blow moulding machines 8477.40 00 - Vacuum moulding
machines and other -
thermoforming machines
- Other machinery for
moulding or otherwise
forming:8477.51 00 -- For moulding or
retreading pneumatic
tyres or for moulding or
otherwise forming inner
tubes8477.59 00 -- Other 8477.80 00 - Other machinery
x x x84.78 Machinery for preparing
or making up tobacco,
not specified or
included elsewhere in
this Chapter,8478.10 00 - Machinery
x x x84.79 8479.30 00 - Presses for the
manufacture of
particle board or fiber
building board of wood
or other ligneous
materials and other
machinery for treating
wood or cork
x x x84.80 - Moulding boxes for
metal foundry: mould
bases; moulding
patterns; moulds for
metal (other than ingot
moulds), metal carbides,
glass, mineral
materials, rubber or
plastics.8480.10 00 - Moulding boxes for
metal foundry8480.20 00 - Mould bases 8480.30 - Moulding patterns; 8480.30 10 -- Of iron or steel 8480.30 90 -- Other
- Moulds for metal or
metal carbides:8480.41 00 -- Injection or
compression types8480.49 00 -- Other 8480.50 00 - Moulds for glass 8480.60 00 - Moulds for mineral
materials
- Moulds for rubber or
plastics:8480.71 00 -- Injection or
compression types8480.79 00 -- Other
x x x84.83 Transmission shafts
(including cam shafts
and crank shafts) and
cranks; bearing housings
and plain shaft
bearings; gears and
gearing; ball screws;
gear boxes and other
speed changers,
including torque
converters; flywheels
and pulleys, including
pulley blocks; cluthces
and shaft couplings
(including universal
joints).8483.10 00 - Transmission shafts
(including cam shafts
and crank shafts) and
cranks8483.20 00 - Bearing housings,
incorporating ball
or roller bearings8483.30 00 - Bearing housings, not
incorporating ball or
roller bearings; plain
shaft bearings8483.40 00 - Gears and gearing,
other than toothed
wheels, chain sprockets
and other transmission
elements presented
separately: ball screws;
gear boxes and other
speed changers,
including torque
converters8483.50 00 - Flywheels and pulleys,
including pulley blocks8483.60 00 - Clutches and shaft
couplings (including
universal joints)8483.90 00 - Parts
x x x85.01 Electric motors and
generators (excluding
generating sets).8501.10 - Motors of an output
not exceeding 37.5 W:8501.10 10 -- Electric motors for
toys8501.10 90 -- Other 8501.20
- Universal AC/DC motors
of an output exceeding
37.5 W:8501.20 10 -- Motors with ratings
of 3.75 KW and below8501.20 20 -- Motors with ratings
over 3.75 KW up to
225 KW8501.20 30 -- Motors with ratings
over 225 KW
- Other DC motors: DC
generators:8501.31 -- Of an output not
exceeding 750 W:8501.31 10 -- Electric generators
when imported by
telecommunication
companies under prior
authorization of the
board of Communications
8501.31 20-- Electric generators 8501.31 90 -- Other 8501.32 -- Of an output
exceeding 750 W but
not exceeding 75KW:8501.32 10 -- Electric generators
when imported by
telecommunication
companies under prior
authorization of the
Board of Communications8501.32 20 -- Electric generators 8501.32 90 -- Other 8501.33 -- Of an output
exceeding 75 KW but
not exceeding 375 KW:8501.33 10 -- Electric generators
when imported by
telecommunication
companies under prior
authorization of the
Board of Communications8501.33 20 -- Electric generators 8501.33 30 -- Motors with rating
over 225 KW but not over
375 KW8501.33 90 -- Other motors 8501.34 -- Of an output
exceeding 375 KW:8501.34 10 -- Electric generators
when imported by
telecommunication
companies underprior
authorization of the
Board of Communications8501.34 20 -- Electric generators
8501.34 30 -- Motors with rating
over 375 KW8501.40 -- Other AC motors,
single-phase:8501.40 10 -- Motors over 225 KW 8501.40 90 -- Other
-- Other AC motors,
multi-phase:8501.51 00 -- Of an output not
exceeding 750 W8501.52 00 -- Of an output
exceeding 750 W but
not exceeding 75 KW8501.53 -- Of an output
exceeding 75 KW:8501.53 10 -- Motors over 225 KW 8501.53 90 -- Other motors
-- AC generators
(altenators):8501.61 -- Of an output not
exceeding 75 KVA:8501.61 10 -- When imported by
telecommunication
companies under prior
authorization of the
Board of Communications8501.61 90 -- Other 8501.62 -- Of an output
exceeding 75 KVA but
not exceeding 375 KVA:8501.62 10 -- When imported by
telecommunication
companies under prior
authorization of the
Board of Communications8501.62 90 -- Other 8501.63 -- Of an output
exceeding 375 KVA but
not exceeding 750 KVA:8501.63 10 -- When imported by
telecommunication
companies underprior
authorization of the
Board of Communications8501.63 90 -- Other 8501.64 -- Of an output
exceeding 750 KVA:8501.64 10 -- When imported by
telecommunication
companies underprior
authorization of the
Board of Communications8501.64 10 -- Other
x x x85.14 Industrial or laboratory
electric (including
induction or dielectric)
furnaces and ovens;
other industrial or
laboratory induction or
dielectric heating
equipment.8514.10 00 - Resistance heated
furnaces and ovens8514.20 00 - Induction or
dielectric furnaces and
ovens8514.30 00 - Other furnaces and
ovens8514.40 00 - Other induction or
dielectric heating
equipment
x x x85.15 Electric (including
electrically heated
gas), laser or other
light or photon beam,
ultrasonic, electron
beam, magnetic pulse or
plasma arc soldering,
brazing or welding
machines and apparatus,
whether or not capable
of cutting: electric
machines and apparatus
for hot spraying of
metals or sintered metal
carbides.
- Brazing or soldering
machines and apparatus:8515.11 00 -- Soldering irons and
ouns8515.19 00 -- Other
- Machines and apparatus
for resistance welding
of metals:8515.21 00 -- Fully or partly
automatic8515.29 00 -- Other
- Machines and apparatus
for arc (including
plasma arc) welding of
metals:8515.31 00
-- Fully or partly
automatic8515.39 -- Other:
x x x8515.39 90 -- Other 8515.80
-- Other machines and
apparatus:8515.80 10 -- For hot spraying of
metals or sintered metal
carbides8515.80 90 -- Other
x x x
SEC. 4. Pursuant to the preceding Section, a domestic manufacturer of any of the articles enumerated therein shall be entitled to a tax credit equivalent to one hundred percent (100%) of the national intemal revenue taxes, customs duties and levies actually paid on the raw materials used in the manufacture of the article. The purchaser of such article shall likewise be entitled to a tax credit of one hundred percent (100%) of the value of the National Internal Revenue taxes, customs duties imposed thereon under Section 104 of the Tariff and Customs Code of 1978, as amended, and levies provided by law or presidential decree had such article been imported.
SEC. 5. As used in this Act, the term domestic manufacturer' shall mean a citizen of the Philippines; a partnership or any other association organized under Philippine laws, with at least sixty percent (60%) of its capital owned and controlled by citizens of the Philippines; a corporation or cooperative organized under Philippine laws with at least sixty percent (60%) of its capital stock outstanding and entitled to vote owned and held by citizens of the Philippines, and with at least sixty percent (60%) of the members of its Board of Directors being citizens of the Philippines.
SEC. 6. The Board of Investments (BOI) shall issue certificates for the tax credit mentioned in Section 4 hereof after evaluation as to whether the manufactured article falls under Section 3 of this Act: Provided, however, That the domestic manufacturer has not availed of tax credits thereon under any other investment incentive law, order, rule or regulation: Provided, further, That availment of the tax credit provided for under this Act shall bar the availment of tax credits under such other laws, orders, rules or regulations.
SEC. 7. The BOI shall formulate and publish guidelines for the implementation of this Act in the Official Gazette and in any newspaper of general circulation within ninety (90) days after its approval.
SEC. 8. All laws, decree, orders, issuances and rules and regulations of parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 9. This Act shall take effect fifteen (15) days after the implementing rules have been published and shall be in effect for five (5) years from the date of its approval.
Approved,
(Sgd.) NEPTALI A. GONZALES | (Sgd.) RAMON V. MITRA |
President of Senate | Speaker of the House of Representatives |
This bill which is a consolidation of Senate Bill No. 1920 and House Bill No. 34254, was finally passed by the Senate and the House of Representative on February 7, 1992.
(Sgd.) ANACLETO D. BADOY, JR. | (Sgd.) CAMILO L. SABIO |
Secretary of Senate | Secretary General House of Representatives |
Approved: APR 10 1992
President of the Philippines