Investigation Procedure (Section 1)
- The Insular Collector of Customs investigates suspected cases of dumping or unfair competition.
- Grounds for investigation include belief that importation may destroy, injure, or restrain local industry or trade.
- Investigation is conducted by a board composed of the Insular Collector of Customs, Collector of Internal Revenue, and Director of Commerce.
- Opportunity for hearing is provided for interested parties to present evidence.
- Board submits findings within 30 days to the Secretary of Finance for a decision.
- Delivery of concerned merchandise is withheld pending decision, unless released under bond.
Decisions and Remedies (Section 2)
- Secretary of Finance may refuse delivery if importation harms local industry or trade or involves unfair competition.
- Options include ordering the merchandise to be reshipped abroad at the importer's expense or allowing importation under payment of special customs duties.
- Special customs duties equal the difference between the foreign market value or production cost and the exporter's selling price.
- If foreign market value or production cost unknown, the Philippine value (price in local market accounting for duties, transport, insurance, commissions, profits) is used.
- Merchandise may be released under bond pending appeal, but Secretary may refuse release if it would harm industry or trade.
Appeal Process (Section 3)
- Importer, owner, consignee, or agent may appeal Secretary of Finance's decision to the President within 15 days.
- The President’s decision is final.
Enforcement after Final Decision (Section 4)
- If no appeal or President confirms decision, and importation is disallowed, the merchandise must be exported at the importer’s expense.
- Failure to comply results in bond forfeiture and seizure and forfeiture of the merchandise.
- Confiscated goods are destroyed or disposed of per Administrative Code regulations.
Duties of Customs Officers (Section 5)
- Collectors of customs at subports and customs appraisers must report cases requiring action under this law to the Insular Collector of Customs.
Rulemaking Authority (Section 6)
- The Secretary of Finance is empowered to issue necessary rules and regulations for enforcing the Act.
Effectivity
- Act takes effect immediately upon approval.