Title
Replace Agri Import Limits with Tariffs
Law
Republic Act No. 8178
Decision Date
Mar 28, 1996
The Agricultural Tariffication Act aims to make the agricultural sector in the Philippines globally competitive by replacing non-tariff import restrictions with tariffs, protecting local producers except for rice, and providing support services to enhance farm productivity levels.
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Definitions Relevant to Tariffication

  • Agricultural products: as defined under PD No. 1464.
  • Applied rate: actual customs duty rate collected.
  • Bound rate: maximum tariff committed to WTO.
  • In-Quota Tariff Rate: tariff for minimum access volumes under WTO commitments.
  • Minimum Access Volume (MAV): volume allowed for low tariff import under WTO.
  • Quantitative Import Restrictions: non-tariff limits like import quotas and licensing.
  • Tariff: tax on imported goods to protect local industries.
  • Tariffication: replacing quantitative restrictions with tariffs.

Repeal of Existing Quantitative Import Restriction Laws

  • Repealed laws include RA 1296 (import ban on certain vegetables), RA 2712 (ban on coffee importation), P.D. 1297 (ruminant importation), among others.
  • All provisions allowing government agencies to impose QRIs on agricultural products, except rice, are repealed.

Regulatory Framework for Rice Importation

  • National Grains Authority may regulate rice importation, issue licenses, collect fees to align import price with domestic prices.
  • Importation of rice requires certification of shortage or critical demand-supply gap.
  • WTO Minimum Access Volume rice imports are exempted from certification.
  • The Authority manages import quotas and pricing, with government subsidies if applicable.

Imposition of Tariffs and MAV Adjustments

  • Maximum bound WTO tariff rates replace QRIs on agricultural products except rice.
  • The President shall implement tariffs from 1996 to 2000 according to WTO commitments.
  • The President may propose MAV revisions during shortages or price shocks; failure of Congress to act within 15 days results in automatic approval.

Mechanism to Implement Minimum Access Volume

  • A transparent, equitable MAV allocation system with minimal government intervention is mandated.
  • This mechanism must consider geographic needs and not impose costs unfairly on importers or consumers.
  • A Cabinet Committee with relevant agencies and stakeholder consultation is tasked to propose the mechanism to Congress within 60 days.

Agricultural Competitiveness Enhancement Fund (ACEF)

  • ACEF is created to finance agricultural sector support from tariff revenues on MAV imports.
  • Funds support irrigation, farm roads, post-harvest facilities, credit, R&D, marketing infrastructure, information, retraining, and extension services.
  • Fund proceeds go to the General Fund but are earmarked by Congress for agriculture.
  • The fund's use is periodically reviewed by legislative committees.
  • The Fund has a 9-year lifespan; remaining balance reverts to the General Fund afterward.

Repealing Clause

  • All inconsistent laws, decrees, executive orders, rules, and regulations are repealed or modified to conform with this Act.

Separability Clause

  • If any provision is declared unconstitutional, other provisions remain valid and enforceable.

Effectivity of the Act

  • The Act takes effect 30 days after publication in the Official Gazette or two newspapers of general circulation.

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