QuestionsQuestions (PRESIDENTIAL DECREE NO. 1270)
CA No. 511 implements the provisions of Section 67 of a U.S. Congress act approved March 24, 1934, as amended by Public Act No. 300 (approved Aug. 7, 1939) regarding export taxes, by providing for the imposition and collection of an export tax on Philippine articles shipped to the United States and the disposition of the funds derived therefrom.
From January 1, 1941 to July 3, 1946.
For Jan. 1–Dec. 31, 1941, the export tax is 5% of the U.S. duty. On each succeeding January 1 thereafter, it increases progressively by an additional 5% of the U.S. duty, except that during Jan. 1–July 3, 1946, it remains at 25%.
The tax is computed using the formula specified in subsection (a) of Section 1, but when determining the taxable value, an allowance is made equal to the cost (CIF) in the Philippines of any cloth of U.S. origin used in production.
Exemptions include: (1) cigars (excluding cigarettes, cheroots of all kinds, and paper cigars and cigarettes including wrappers); (2) scrap tobacco and certain types of filler tobacco described in paragraph 602 of the U.S. Traffic Act of 1930; (3) coconut oil; (4) buttons of pearl or shell; (5) copra; and (6) Manila (abaca) fiber not dressed or manufactured in any manner.
If export tax is assessed/collected on Philippine sugars entered or withdrawn from warehouse in the U.S. for consumption beyond quotas established by Section 6 of the referenced U.S. act, the excess tax is refunded to the person who paid.
Such export tax is refunded to the owners at the time of entry or withdrawal.
The Bureau of Customs assesses and collects the export taxes in conformity with laws and regulations governing collection of port duties that apply and are not contrary to the referenced U.S. act, subject to additional rules set by the Insular Collector of Customs with approval of the Secretary of Finance.
Yes. All penal provisions applicable to the collection of import duties are extended and made applicable to the collection of the export taxes and to violations of rules/regulations issued under Section 4, insofar as consistent with CA No. 511 and the referenced U.S. act.
Collected monies (less refunds) are deposited with the Treasurer of the Philippines and then paid by him to the Secretary of the Treasury of the United States at the end of each calendar quarter for disposition under subsection (g) of Section 6 of the referenced U.S. act.
The President of the Philippines, or his representative, is authorized to act for and in behalf of the Philippine Government on all matters pertaining to disposition of the fund under subsection (g) of Section 6 of the referenced U.S. act.
In a geographical sense, but not including the "continental United States." It includes all U.S. territories and possessions other than the Philippines.
It is the lowest rate of ordinary customs duty in effect at shipment time and applicable to imports into the continental United States from any foreign country except Cuba; if multiple rates apply, it is the aggregate of such rates.
A Philippine article is one grown, produced, or manufactured in the Philippines where no materials of other than Philippine or U.S. origin valued over 20% of the total value were used, and it is brought into the U.S. from the Philippines. It determines eligibility for the export tax regime (and for complying with the origin/content threshold).
It takes effect on the date of a proclamation by the President of the Philippines after the Act has been approved by the President of the United States as provided in the specified U.S. act provision.