Title
Amendments to Tariff and Customs Code
Law
Presidential Decree No. 1258-a
Decision Date
Nov 25, 1977
Presidential Decree No. 1258-A amends the Revised Tariff and Customs Code in the Philippines, updating rates of duty for filament tow used in manufacturing fibers and introducing provisions for the importation of spare parts, fines for violations, and the sale of property by customs authorities.
A

Questions (PRESIDENTIAL DECREE NO. 1258-A)

It states that there is a necessity to update the provisions of the Revised Tariff and Customs Code due to changing business conditions.

It amended Heading No. 56.02, Chapter 56 of the Revised Tariff and Customs Code, as previously amended by Presidential Decree No. 34.

Ad valorem duty of 10%.

Ad valorem duty of 20%.

Ad valorem duty of 30%; except when imported directly by textile spinning mills under prior joint authorization of the Tariff Commission and the Board of Investments.

Spare parts of vessels or aircraft of foreign registry engaged in foreign trade, brought into the Philippines exclusively as replacements or for emergency repair, upon satisfactory proof they will be utilized to ensure safety/sea-worthiness/air-worthiness and to enable continued voyage or flight.

That the spare parts shall be utilized to secure the safety, sea-worthiness, or air-worthiness of the vessel or aircraft to enable it to continue its voyage or flight.

Articles of easy identification exported for repair and subsequently re-imported may be treated as specified, upon proof satisfactory to the Collector of Customs that the article is not capable of being repaired locally.

A duty rate of thirty percent (30%) ad valorem on the cost of the repairs made to the article.

Trailer chassis imported by shipping companies for their exclusive use in handling containerized cargo may be allowed upon posting a bond equivalent to one and one-half times the ascertained duties, taxes, and other charges due, for one year from entry acceptance (extendable for another year for meritorious reasons).

Examples include: (1) proper identification and registration with the Land Transportation Commission; (2) subject to customs supervision fee fixed by the Collector of Customs and approved by the Commissioner of Customs; (3) deposited in the customs zone when not in use; (4) upon expiration, duties and taxes are paid unless otherwise re-exported. (Also includes the one-year period and possible extension by the Commissioner of Customs for meritorious reasons.)

It sets a maximum period of one year from arrival at the port of entry for articles duly entered for warehousing; if not withdrawn within the period, they shall be sold at public auction by the Collector.

A fine not less than ₱30,000 but not exceeding ₱100,000; no fine accrues upon satisfactory proof to the proper collector that unlading was necessary due to stress of weather, accident, or other necessity.

A fine not less than ₱10,000 but not exceeding ₱30,000 for entering or departing without submitting proper manifests or for conveying unmanifested cargo other than as stated; the same fine applies if the master/pilot fails to deliver or mail to the Commission on Audit a true copy of the manifest of incoming or outgoing cargo as required by law.

In the absence of special provisions, property shall be sold at public auction within thirty (30) days after ten (10) days notice is posted conspicuously at the port and in such other advertisement as the Collector may deem advisable.


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