TITLE XVI
TARIFF ADMINISTRATION AMD POLICY
CHAPTER I
TARIFF COMMISSION
SEC. 1600. Chief Officials of the Tariff Commission and Qualifications. – The officials of the Tariff Commission shall consist of a Chairperson and two (2) Commissioners to be appointed by the President of the Philippines. The Chairperson and the Commissioners shall be natural-born citizens of the Philippines, of good moral character and proven integrity, and who, by experience and academic training possess the necessary qualifications requisite for developing expert knowledge of tariff and trade related matters. During their terms of office, the Chairperson and the Commissioners shall not engage in the practice of any profession, or intervene directly or indirectly in the management or control of any private enterprise which may, in anyway, be affected by the functions of their office. They shall not be, directly or indirectly, financially interested in any contract with the government, or any subdivision or instrumentality thereof.
SEC. 1601. Appointment and Compensation of Officials and Employees. – All employees of the Commission shall be appointed by the Chairperson in accordance with, the Civil Service Law except as the private secretaries to the offices of the Chairperson, Commissioners and Executive Director.
SEC. 1602. Official Seal. – The Commission is authorized to adopt an official seal.
SEC. 1603. Functions of the Commission. – The Commission shall have the following functions:
(a) Adjudicate cases on the application of trade remedies against imports pursuant to Sections 711, 712 and 713 of this Act;
(b) Study the impact of tariff policies and programs on national competitiveness and consumer welfare in line with the economic objectives of the government;
(c) Administer the Philippine tariff schedules and tariff nomenclatures;
(d) Issue advance rulings on tariff classification of imported goods and render rulings on disputes over tariff classification of goods pursuant to Section 1100 of this Act, except in cases involving goods on which the Commission has provided advance ruling on tariff classification;
(e) Provide the President and Congress with independent analysis, information and technical support on matters related to tariff and nontariff measures affecting Philippine industries and exports for policy guidance;
(f) Analyze the nature and composition, and the classification of goods according to tariff commodity classification and heading number for customs and other related purposes, which information shall be furnished the NEDA, DTI, DA, DOF, DENR, and BSP;
(g) Review the trade agreements for negotiation and trade agreements entered into by the Philippines and make recommendations, if necessary, on the consistency of the terms of the agreements with the national policy objectives;
(h) Conduct public consultations and public hearings pursuant to its functions; and
(i) Deputize or delegate, to appropriate government agency its function of rendering rulings on disputes over tariff classification of goods, until the plantilla positions necessary for undertaking such function have been approved and filled-up: Provided, That such delegation of function shall not extend beyond three (3) years from the effectivity of this Act.
SEC. 1604. Reports of the Commission. –The Commission shall place at the disposal of the President and any Member of the Congress of the Philippines all information at its command. It shall conduct such investigation and submit reports as may be required by the President and the Congress of the Philippines. It shall likewise report to the President and Congress on the first Monday of December of each year and hereafter, a statement of methods adopted and a summary of all reports made during the year.
SEC. 1605. Access to Documents and Assistance to the Commission. – The Commission or its duly authorized representative shall have access to any document, paper or record pertinent to the subject matter under investigation, in the possession of any person, firm, copartnership, corporation, or association engaged in the production, importation, or distribution of goods under investigation, and shall have power to summon witnesses, take testimony, administer oaths, and to issue subpoena duces tecum requiring the production of books, papers, or documents relating to the matter under investigation. The Commission may also request the views, recommendations, and assistance of any government office, agency, or instrumentality who shall be expected to cooperate fully with the Commission.
SEC. 1606. Sworn and Verified Statements. – The Commission may order the taking of sworn statements at any stage of any proceeding or investigation before it. The sworn statements must be made before a person duly authorized to administer oaths.
The Commission is authorized to require any importer, grower, producer, manufacturer or seller to file with the Commission a statement, under oath, giving the selling prices in the Philippines of goods imported, grown, produced, fabricated or manufacture d by such person.
SEC. 1607. Implementing Rules and Regulations. – The Commission shall promulgate and adopt such rules and regulations as may be necessary to carry out the provisions of this Act.
