Refund of safeguard duty on cement should go.back to the consumers

2019-11-25 04:24:27

LKI 58th Press Statement 

NOVEMBER 25. 2019

LABAN KONSYUMER PLEADS THAT  THE  TAX APPEALS COURT  ENSURES ANY  REFUND OF  COLLECTED SAFEGUARD DUTY ON CEMENT IMPORTATION GOES   BACK TO  CONSUMERS AND NOT TO THE IMPORTERS.


The importers/traders filed before the Court of Tax Appeals a Petition For Review on October 11 , 2019 seeking to nullify the safeguard duty imposed and being collected from all imports of cement. 


LABAN KONSYUMER INC.  was neither made a party nor notified of the Petition for review. 


LKI obtained a copy of the Petiton for review on November 20 , 2019 with the approval of the Tax appeals court .


LKI filed today an Urgent Exparte  Motion . The entire text of the Motion is uploaded to this statement. 


THANK YOU.



REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS

SECOND DIVIS10N QUEZON CITY

COHACO MERCHANDISING &

DEVELOPMENT CORP., FORTEM

CEMENT CORPORATION. NGC

LAND CORP., PABAZA IMPORT AND EXPORT INC., and

PHILCEMENT CORPORATION,

Petitioners, CTA CASE NO. 10185

-Versus-

SECRETARY OF TRADE AND

INDUSTRY, SECRETARY OF FINANCE,

COMMISSIONER OF CUSTOMS, and CHAIRMAN OF THE TARIFF COMMISSIONM, ET AL.

Respondents.

LABAN KONSYUMER INC.

Movant

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URGENT EXPARTE MOTION TO IMPLEAD LABAN KONSYUMER INC. AS INTERVENOR AND / OR ON AN AD CAUTELAM BASIS, AS NOMINAL PARTY AND FOR PURPOSES OF NOTIFICATION

The Movant LABAN KONSYUMER INC. thru its President and undersigned counsel respectfully pleads as follows;

1. That Movant Laban Konsyumer Inc. or Laban Konsyumer is a non- stock and non  profit corporation duly organized and existing under the laws of the Philippines which seeks to help, protect, and empower consumers on their rights and responsibilities. Laban Konsyumer Inc. may be served with pleadings, appearances, motions, notices, orders, resolutions, the judgment, and other Court proéesses through counsel at the address indicated below.

 

 

2. That Movant Laban Konsyumer is an accredited consumer organization of the Respondent Department and Trade and Industry, under Certificate of Recognition CPAB No. C-0001 and a full term member of the Consumers International under Membership Number F -3058 , an association of more than 250 consumer associations from 120 countries .

3. That Movant Laban Konsyumer has 100 registered members nationwide as recorded in the organization Membership Book. Its primary mandate is advocacy on consumer rights and responsibilities as well as advocacy on reasonable and fair prices of basic necessities and prime. It has power to sue under its corporate charter.

4. That Movant Laban Konsyumer was an Oppositor in the Safeguard Measure Republic Act No. 8800 Investigation No. SG -2019-OC- Cement before the Respondent Tariff Commission.

5. That Movant Laban Konsyumer Inc. filed the following pleadings to prove that it participated in the proceedings before the Respondent Tariff Commission and all made an integral part hereof , namely •

A. Manifestation dated May 6, 2019 —Annex A

B. Initial Memorandum/Position Paper dated February 11, 2019Annex B, and

C. Final Position Paper dated May 28, 2019 - Annex C

6. That the Honorable Court should grant the above Urgent Ex Parte Motion for the following reasons, namely, to wit:

A. In the assailed Decision of the Respondent Tariff Commission subject of the Petition for Review filed by the Petitioners, there was no resolution by the Respondent Tariff Commission on the arguments raised by the Movant Laban Konyumer Inc. that " THE SAFEGUARD DUTY IMPOSED BY THE DTI IS PRIMARILY AND PRINCIPALLY A GOVERNMENT IMPOSED PRICE INCREASE AND THE LOCAL CEMENT PLANTS AND THE DTI HAD NOT SET THE SUGGESTED RETAIL PRICES ( SR-P ) OF CEMENT WHILE THE INVESTIGATION IS ONGOING AS MANDATED IN THE DTI REPORT , A

VIOLATION OF THE DTI REPORT AND TO THE PREJUDICE OF CONSUMERS "  

B. That Movant Laban Konsyumer Inc. as an Oppositor in the investigation of the cement safeguard duty was included in the list of parties that were notified of and participated in the proceedings before the Tariff Commission, and therefore should have been impleaded by the Petitioners on an ad cautelam basis, as one of the nominal parties and for purposes of notification , in accordance with paragraph 2.10 of the Petition for Review, and a copy of the Petition was obtained by the Movant with the approval of the Honorable Court on November 20, 2019, attach as Annex D hereof.

C. More importantly, there was error in the Prayer in the Petition for Review to refund all safeguard duties collected on imported cement which was alleged to be in the amount of Three Hundred Eighty Four MILION SIX HUNDRED FORTY FIVE THOUSAND AND ONE HUNDRED THIRTY FIVE PESOS (Pup   as of the date of the filing of the Petition for Review and all succeeding safeguard duties that will be collected on the said products to the Petitioners.

This allegation should be quantified as it did not specify the amount of duty collected as to whether it was the preliminary duty and the final duty imposed by the Respondents and collected from all the Petitioners.

IT IS A MATTER OF ADMISSION AND JUDICIAL NOTICE THAT THE SAFEGUARD DUTY IMPOSED AND COLLECTED ON IMPORTATION OF CEMENT , BE IT THE PRELIMINARY AND THE FINAL SAFEGUARD DUTY , ARE PASSED ON TO THE PRICE PER BAG OF CEMENT . THEREFORE ANY REFUND OF THE SAFEGUARD DUTY WHIICH THE HONORABLE COURT MAY DECIDE SHOULD BE REFUNDED TO ALL CONSUMERS WHO PAID THE SAFEGUARD DUTY ON THE PURCHASE OF IMPORTED CEMENT AS SUCH SAFEGUARD DUTY WERE PASSED ON To THE PRICE OF CEMENT PER BAG BY THE CEMENT IMPORTERS .

ADDITIONALLY, ANY DECISION TO REFUND THE SAFEGUARD DUTY COLLECTED FROM THE CEMENT IMPORTERS SHOULD ALSO INCLUDE ALL THE RESPONDENTS CEMENT COMPANIES WHIICH WERE

INCLUDED IN THE PETITION FOR REVIEW ON AN AD CAUTELAM BASIS, AS SAID RESPONDENTS CEMENT COMMPANIES WERE IMPORTERS OF CEMENT AND THUS PAID SAFEGUARD DUTY THAT WERE PASSED ON TO CONSUMERS .

WHEREFORE, in view of the foregoing, it is respectfully prayed that

1. The Honorable Court GIVE DUE COURSE to the instant Urgent Ex Parte Motion;

2. That Movant Laban Konsyumer Inc. be admitted as Intervenor in the Petition for Review, and /or,

3. That Movant Laban Konsyumer Inc. be impleaded on an ad cautelam basis, as nominal party and for purposes of notification, and that Movant Laban Konsyuner Inc. may be served with summons and processes of the Honorable Court.

4. Other relief, just and equitable under the circumstances, are likewise prayed for.

Quezon City, November 25, 2019.

 

Counsel

No. 5, Elgin Street, Brgy. Fairview, Quezon City, 1118 PTR No. 7446842, Jan. 11, 2019

IBP No. AR 4719174, Jan. 11, 2019

MCLE Vl- 0024985, valid till April 14, 2022 Email: labankonsyumer@gmail.com dmagiba@pldtdsl.net

Cc: Atty. Augusto A. San Pedro, Jr. ET. Al

Counsel for Petitioners

Villaraza & Angangco

V & A Law Center

11 th Avenue corner 39th Street

Bonifacio Triangle, Bonifacio Global City

1634 Metro Manila

(Sent by reg. mail)

NOTICE

V & A Law Center

Counsel for the Petitioners

The Clerk of Court

Second Division

Court of Tax Appeals

Sirs:

The Movant Laban Konsyumer Inc. , thru counsel, respectfully submits the Urgent Ex Parte Motion for the consideration and resolution of the Second Division of the Honorable Court of Tax Appeals , without need of a hearing , and soon upon filing thereof .

Quezon City, November 25, 2019.  

Counsel

No. 5, Elgin Street, Brgy. Fairview, Quezon City, 1118 PTR No. 7446842, Jan. 11, 2019

IBP No. AR 4719174, Jan. 11, 2019

MCLE Vl- 0024985, valid till April 14, 2022 Email: labankonsyumer@gmail.com dmagiba@pldtdsl.net

Cc: Atty. Augusto A. San Pedro, Jr. ET. Al

Counsel for Petitioners

Villaraza & Angangco

V & A Law Center

11 th Avenue corner 39th Street

Bonifacio Triangle, Bonifacio Global City

1634 Metro Manila

EXPLANATION

Please be informed that the undersigned counsel caused the service of the instant Urgent Ex Parte Motion by registered mail upon the foregoing parties thru counsel due to lack of available manpower to cause the service thereof by personal delivery and the considerable distance between the office of the undersigned counsel and the Honorable Court from the office of the Petitioners counsel.

 

Atty. Victorio Mario A. Dimagiba


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