法律人 LawPlayer logo

資料由法律人 LawPlayer整理提供·Philippine law / curated by LawPlayer from the Supreme Court E-Library

Republic Act

PROVIDING INCENTIVES AND PROTECTION TO THE LOCAL TEXTILE INDUSTRY AND TO MANUFACTURERS OF CERTAIN ARTICLES IN ORDER TO ENCOURAGE EXPORTATION THEREOF.

Number
Presidential Decree No. 750
Date of approval
Sections
10
Preamble

WHEREAS, the local textile industry has been experiencing

lately a depressed market brought about by global inflation and rising

production costs;

WHEREAS, the local textile industry may experience further

drops in its export sales which may be brought about by competition from

other countries which have rationalized their textile industries to

attain economies;

WHEREAS, in order to help and promote the local textile

industry, bail them out of distressed conditions and meet foreign

competition, certain tariff incentives must be provided to reduce its

production cost;

WHEREAS, for health reasons, there has been a growing

preference for filter-tipped cigarettes here and abroad as may be

readily noted in the very significant trend toward the production of

said type of cigarettes even in the local cigarette industry;

WHEREAS, the increasing demand for cigarette filter rods by

the local cigarette industry has encouraged local entrepreneurs to

engage in the local manufacture of said filter rods, thereby

contributing to the dollar conservation program of the government even

in a modest degree;

WHEREAS, the development and growth of the local cigarette

filter rod industry, whose major raw material, acetate tow, is derived

from wood pulp, will be in line with the government's objective to

accelerate the economic development of the country by utilizing local

indigenous materials in the manufacture of industrial products with the

use of Filipino skill and labor.

WHEREAS, under the prevailing system of taxation, local

cigarette manufacturers producing filter rods for their own use in the

production of their brands of cigarette enjoy an undue advantage over

other cigarette manufacturers who patronize locally-made filter rods as

the former are exempt from the payment of advance sales tax on their

importation of acetate tow and other raw materials and are further save

from additional costs of packing, delivery and the like incidental

expenses, which situation results not only in an unfair competition in

the procurement of raw materials vital to the local cigarette industry

but also serves as a disincentive for the local producers of filter rods

to produce more to meet local demands as well as a barrier to a

possible participation in the world market for filter rods as a means of

bolstering our foreign exchange revenues;

WHEREAS, the exemption from advance sales tax of imported

materials to be used by the importer himself in the manufacture of

articles subject to specific tax provided in Section 183(B) of the Tax

Code was granted starting only in 1951 by Republic Act No. 594 when

there were still no local manufacturers of said imported materials.

Considering that there are now several local manufacturers of the

imported materials covered by the exemption, the continued grant thereof

prejudices local manufacturers, hence, the need for the removal of such

exemption in order to place, taxwise, local manufacturers on equal

footing with manufacturer of articles subject to specific tax, and at

the same time encourage and promote local manufacture of said articles;

WHEREAS, the specific tax on cigarettes is now based on

selling price and no longer on the kind of tobacco fillers and length,

thus rendering inapplicable to cigarettes the philosophy of the

exemption from the sales tax of articles used in the manufacture of

articles subject to specific tax;

WHEREAS, in line with the goals and objectives of the New

Society, it has now become imperative for the government to take a hand

in stabilizing the situation to insure fair competition in the local

cigarette industry as well as stimulate the development and growth of

the local manufacturers of cigarette filter rods and ultimately

encourage the exportation of locally produced filter rods.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers in me vested by the Constitution do

hereby decree and order as part of the law of the land:

Section 1

SECTION 1. Subsection (b) Section 183 of the National

Internal Revenue Code, as amended, is hereby further amended to read as

follows:

"(b) Sales tax on imported articles.—When the articles

are imported, the percentage taxes established in sections one hundred

eighty-four, one hundred eighty-four-A, one hundred eighty-five, one

hundred eighty-five-A, one hundred eighty-five-B, one hundred eighty-six

and one hundred eighty-six-B of this Code shall be paid in advance by

the importer, in accordance with the regulations promulgated by the

Secretary of Finance and prior to the release of such articles from

customs' custody, based on the import invoice value thereof, certified

to as correct under penalties of perjury by the Philippine Consul at the

port of origin if there is any, including freight, postage, insurance,

commission, customs duty and all similar charges, plus one hundred per

centum of such total value in the case of articles enumerated in Section

one hundred eighty-four; one hundred and eighty-four-A; fifty per

centum of such total value in the case of articles enumerated in

sections one hundred eighty-five, one hundred eighty-five-A and one

hundred eighty-five B; and twenty-five per centum in the case of

articles enumerated in section one hundred eighty-six and one hundred

eighty-six-B. The tax imposed in this section shall not apply to

articles to be used by the importer himself in the manufacture of motor

fuel oils and other fuels.

The provisions of this Act shall not be construed as nullifying

whatever interpretation the government has given to the word "importer"

heretofore.

In the case of tax-free articles brought or imported into the

Philippines by persons, entities or agencies exempt from the tax which

are subsequently sold, transferred, or exchanged in the Philippines to

non-exempt private persons or entities, the purchasers shall be

considered the importers thereof. The tax due on such articles shall

constitute a lien on the article itself superior to all other charges

or liens, irrespective of the possessor thereof.

Any percentage tax paid under Section 184, 184-A, 185, 185-A,

185-B, 186, 186-B on domestically manufactured or on imported raw

materials used in the manufacture of finished products exported shall be

allowed to be credited against other tax liabilities of the

manufacture-exporter; Provided, however, that said percentage

taxes paid are indicated as a separate item in the invoices."

Section 2

SEC. 2. Heading Nos. 32.05, 32.06 and 32.07, Chapter 32 of

the Revised Tariff and Customs Code of the Philippines, as amended, are

hereby further amended to read as follows:

"32.05

Synthetic organic dyestuffs including pigment

dyestuffs); synthetic organic products of a kind used as luminophores;

products of the kind known as optical bleaching agents, substantive to

the fibre; natural indigo:

A.

When directly imported by textile mills under

prior joint authorization of the Tariff Commission and Board of

Investments

ad val. 10%

B.

Others

ad val. 30%

"32.06

Colour lakes:

A.

When imported directly by textile mills

under prior joint authorization of the Tariff Commission and Board of

Investments

ad val. 10%

B.

Others

ad val 30%

"32.07

Other colouring matter, inorganic products of a

kind used as luminophores:

A.

When imported directly by textile mills

under prior authorization of the Tariff Commission and Board of

Investments

ad val. 10%

B.

Others

ad val. 30%

Section 3

SEC. 3. Heading No. 51.01, Chapter 51 of the Revised Tariff

and Customs Code of the Philippines, as amended, is hereby further

amended to read as follows:

"51.01

Yarn of man-made fibres (continuous), not put up

for retail sale:

A.

Articles not included in subheadings B and C

hereof

ad val. 30%

B.

Polyester yarn

ad val. 50%

C.

Polyester yarn and polyfil, when

imported directly by textile mills under prior joint authorization of

the Tariff Commission and Board of Investments

ad val. 10%

Section 4

SEC. 4. Heading No. 55.01, Chapter 55 of the Revised Tariff

and Customs Code of the Philippines, as amended, is hereby further

amended to read as follows:

"55.01

Cotton, not carded or combed

ad val.,

Free"

Section 5

SEC. 5. Heading No. 56.02, Chapter 56 of the Revised Tariff

and Customs Code of the Philippines, as amended by Presidential Decree

No. 34, is hereby further amended to read as follows:

"56.02

Continuous filament tow for

the manufacture of man-made fibres (discontinuous):

A.

Articles not included in subheading B hereof

ad val. 10%

Not included in subheading A above are acetate tow and such

other similar continuous filament tow, used as major raw material in the

manufacture of cigarette filter rods, imported by local producers

thereof with a total volume of sales of less than 3 billion filter rods

for the calendar year 1973 or less than 250 million filter rods monthly

sales average during the same period subject to

ad val. 100%

B.

Polyester filament tow, except when

imported directly by textile spinning mills under prior joint

authorization of the Tariff Commission and the Board of Investments

ad val. 30%

Section 6

SEC. 6. Heading No. 59.01, Chapter 59 of the Revised Tariff

and Customs Code of the Philippines, as amended by Presidential Decree

No. 34, is hereby further amended to read as follows: "59.01 Wadding

and articles of wadding; textile flock and dust and mill neps

100%

Section 7

SEC. 7. In accordance with the provisions of Section 160 of

the National Internal Revenue Code, as amended, governing the operations

and business transactions of persons or firms engaged in the

manufacture, importation, or sale of, among others, cigarette filter

tips or filter rods, the Commissioner of Internal Revenue shall, upon

the due verification of an application in writing, issue the necessary

certification to the local producer of cigarette filter rods concerned

attesting to the applicant's volume of sale of filter rods for the

calendar year 1973 or his average monthly sales thereof during the same

period for the purpose of determining the taxability or non-taxability

of the acetate tow or such other similar raw materials imported by him

for' the local manufacture of cigarette filter rods. No importation of

said acetate tow or such other similar raw materials shall be released

from Customs custody without a written authority to release the same to

be issued by the Commissioner of Internal Revenue upon written

application therefor filed by the local producer-importer concerned and

after a final tax determination shall have been made by the Bureau of

Customs and the Customs duties, fees and internal revenue taxes, if any,

due thereon shall have been paid.

Section 8

SEC. 8. All laws, order and decrees as well as rules and

regulations inconsistent herewith are hereby repealed and/or modified

accordingly.

Section 9

SEC. 9. This Decree take effect immediately.

Done in the City of Manila, this 21st day of July, in the year of

Our Lord, nineteen hundred and seventy-five.

(Sgd.)

FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.)

ALEJANDRO MELCHOR

Executive Secretary

10 sections

Cite this law

PROVIDING INCENTIVES AND PROTECTION TO THE LOCAL TEXTILE INDUSTRY AND TO MANUFACTURERS OF CERTAIN ARTICLES IN ORDER TO ENCOURAGE EXPORTATION THEREOF. (Official Gazette). Retrieved via LawPlayer, https://lawplayer.com/ph/act/pd-750

Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).

No copyright in works of the Government (RA 8293 s.176)

本頁資料來源:Supreme Court E-Library·整理提供:法律人 LawPlayer· lawplayer.com