[ SRA SUGAR ORDER NO. 2-A, S. 2003-2004, January 08, 2004 ]
AMENDMENT/ADDENDUM TO SUGAR ORDER NO. 2, SERIES OF 2003-2004 RE: EXPORT OF "D" SUGAR OF CY 2003-2004
WHEREAS, there is a need to amend/add certain provisions in Sugar Order No. 2, series of 2003-2004 to expedite and effect the timely shipment of the "D" or World Market Sugar;
WHEREAS, the available "D" or World Market sugar for export shall not be enough to fill up the three (3) tranches of shipment on time or within schedule;
WHEREAS, there is sufficient "B" or Domestic sugar and "A" or U.S. Export sugar which can be exported to the World Market without adversely affecting sugar supply for the domestic market and U.S. market, respectively;
NOW, THEREFORE, under and by virtue of the powers vested in the Sugar Regulatory Administration (SRA), it is hereby ordered that;
SECTION 1. Sections 3 and 5 of Sugar Order No. 2, series fo 2003-2004 are hereby amended to read as follows:
SECTION 2. The "B" or Domestic sugar and the "A" or U.S. Export sugar produced during the current CY 2003-2004 are hereby authorized for advance swapping into "D" or World Market Sugar.
Only "B" and "A" quedan-permits (regular or not swapped) issued during the aforesaid crop year are eligible for advance swapping.
SECTION 3. All swapping (regular or advanced swapping) as provided herein/ in this Order shall be charged with a fee of P1.50 per LKg-Bag. Other requirements of herein swapping shall be in accordance with the requirements of Regular Swapping prescribed in Circular Letter No. 31, series of 1997-1998.
SECTION 4.Transfer of Exportable Sugar - Transfer of exportable sugar, "A" and "D" sugar, to the loading ports, e.g. Pulupandan Port, is hereby authorized prior to loading on vessel for shipment.
The loading ports shall be considered as subsidiary or extension warehouses of the mills and as such, the transferred sugar shall remain the responsibility of the mills concerned.
SECTION 5. The aforesaid transfer shall be effected by the mill concerned upon request of the exporter/shipper, said request duly approved by the SRA.
The cost of transferring the sugar, such as hauling and handling expenses, shall be charged by the mills to the exporters/shippers thereof.
SECTION 6. To effect the subject transfer and for proper monitoring and control by SRA, a Sugar Transfer Order (STO), copy attached, shall be accomplished by the concerned mill upon receipt of the approved request of transfer (of the exporter/shipper) by the SRA.
The STO shall be prepared in four (4) copies duly approved and signed by the authorized mill representative and furnished the following:
SECTION 7. Section 4 of Sugar Order No. 2, series of 2003-2004 is also hereby amended to read as follows:
SECTION 8. Portion of "D" sugar may be made available to the food processors of sugar-based products for export under the Customs Bonded Warehouse (CBW) chargeable to their 2004 import allocations.
Likewise, a portion of the "D" sugar may be made available for experimental purposes to product/s wherein the "D" sugar is the primary raw material e.g. alcohol, said product/s shall not in any way be in direct competition with the domestically produced sugar-based products.
SECTION 9. Refining of the "D" Sugar - Only actual exporters/shippers of Philippine sugar to the World Market for the current crop year shall be allowed refining the "D" sugar.
The refinery shall require the party tolling the "D" sugar approval of the SRA for refining of same.
SECTION 10. A Circular Letter shall be issued to serve as guidelines for the distribution of the "D" sugar and its monitoring and liquidation as exported sugar-based products under the CBW and as a raw material pursuant to Sections 8 and 9 hereof.
SECTION 11. Other provisions of Sugar Order No. 2, Series of 2003-2004 shall remain in full force and effect.
SECTION 12. This Sugar Order shall take effect immediately.
SECTION 13. Provisions of Sugar Orders, Circular Letters and/or other rules and regulations contrary to or inconsistent with this Sugar Order, are hereby amended, modified or revoked accordingly.
Adopted: 08 Jan. 2004
(SGD.) JAMES C. LEDESMA
Administrator
WHEREAS, the available "D" or World Market sugar for export shall not be enough to fill up the three (3) tranches of shipment on time or within schedule;
WHEREAS, there is sufficient "B" or Domestic sugar and "A" or U.S. Export sugar which can be exported to the World Market without adversely affecting sugar supply for the domestic market and U.S. market, respectively;
NOW, THEREFORE, under and by virtue of the powers vested in the Sugar Regulatory Administration (SRA), it is hereby ordered that;
SECTION 1. Sections 3 and 5 of Sugar Order No. 2, series fo 2003-2004 are hereby amended to read as follows:
"Section 3. Schedule of Shipment to the World Market - There shall be three (3) tranches in the export shipment of the "D" sugar to the World Market on a "First-in - First Out" basis, the schedule of which are as follows:
1st September 07, 2003 to January 25, 2004 Feb. 29, 2004 End of March 2004 2nd February 1, 2004 to March 28, 2004 April 30, 2004 End of May 2004 3rd April 4, 2004 to August 31, 2004 June 18, 2004 2/ Mid July 2004 1/ Based on CY 2002-2003 monthly productions 2/ With presupposition of Advanced Swapping
Section 5. Swapping - The "D" quedan-permits of the current Crop Year 2003-2004 shall be allowed swapping with the "B" or Domestic Quedan-permits/ "A" or Export quedan-permits only for physical positioning prior to shipment."
SECTION 2. The "B" or Domestic sugar and the "A" or U.S. Export sugar produced during the current CY 2003-2004 are hereby authorized for advance swapping into "D" or World Market Sugar.
Only "B" and "A" quedan-permits (regular or not swapped) issued during the aforesaid crop year are eligible for advance swapping.
SECTION 3. All swapping (regular or advanced swapping) as provided herein/ in this Order shall be charged with a fee of P1.50 per LKg-Bag. Other requirements of herein swapping shall be in accordance with the requirements of Regular Swapping prescribed in Circular Letter No. 31, series of 1997-1998.
SECTION 4.Transfer of Exportable Sugar - Transfer of exportable sugar, "A" and "D" sugar, to the loading ports, e.g. Pulupandan Port, is hereby authorized prior to loading on vessel for shipment.
The loading ports shall be considered as subsidiary or extension warehouses of the mills and as such, the transferred sugar shall remain the responsibility of the mills concerned.
SECTION 5. The aforesaid transfer shall be effected by the mill concerned upon request of the exporter/shipper, said request duly approved by the SRA.
The cost of transferring the sugar, such as hauling and handling expenses, shall be charged by the mills to the exporters/shippers thereof.
SECTION 6. To effect the subject transfer and for proper monitoring and control by SRA, a Sugar Transfer Order (STO), copy attached, shall be accomplished by the concerned mill upon receipt of the approved request of transfer (of the exporter/shipper) by the SRA.
The STO shall be prepared in four (4) copies duly approved and signed by the authorized mill representative and furnished the following:
- Planters' association/cooperative.
- Sugar Production Regulation Office (SPRO) assigned thereat who will transmit same to the Production Control and Regulation Office (PCRO), SRA, Diliman, Quezon City.
- Warehouseman assigned at the bulk terminal/loading port.
- Sugar Production Regulation Officer assigned at the bulk terminal/loading port.
SECTION 7. Section 4 of Sugar Order No. 2, series of 2003-2004 is also hereby amended to read as follows:
"Penalty - (a) In order to insure the availability of "D" sugar for its timely shipment per schedule herein, a penalty of Ten Pesos (P10.00) per LKg-Bag per day shall be imposed and collected from holders of "D" quedans still outstanding beyond the deadline of filing of application for its shipment corresponding to its tranche, e.g. February 29, 2004 - 1st tranche.
Likewise, a penalty of Ten Pesos (P10.00) per Lkg-Bag per day shall be imposed and collected from sugar traders/exporters whose "D" quedans have been surrendered to the mill but unwithdrawn and failed to meet the Estimated Date of Departure (EDD) corresponding to its tranche, e.g. - End of March 2004.
b. The collection of the penalties hereof shall accrue to SRA."
SECTION 8. Portion of "D" sugar may be made available to the food processors of sugar-based products for export under the Customs Bonded Warehouse (CBW) chargeable to their 2004 import allocations.
Likewise, a portion of the "D" sugar may be made available for experimental purposes to product/s wherein the "D" sugar is the primary raw material e.g. alcohol, said product/s shall not in any way be in direct competition with the domestically produced sugar-based products.
SECTION 9. Refining of the "D" Sugar - Only actual exporters/shippers of Philippine sugar to the World Market for the current crop year shall be allowed refining the "D" sugar.
The refinery shall require the party tolling the "D" sugar approval of the SRA for refining of same.
SECTION 10. A Circular Letter shall be issued to serve as guidelines for the distribution of the "D" sugar and its monitoring and liquidation as exported sugar-based products under the CBW and as a raw material pursuant to Sections 8 and 9 hereof.
SECTION 11. Other provisions of Sugar Order No. 2, Series of 2003-2004 shall remain in full force and effect.
SECTION 12. This Sugar Order shall take effect immediately.
SECTION 13. Provisions of Sugar Orders, Circular Letters and/or other rules and regulations contrary to or inconsistent with this Sugar Order, are hereby amended, modified or revoked accordingly.
Adopted: 08 Jan. 2004
Administrator