VAT Ruling No. 007-00

February 2, 2000 VAT RULING NO. 007-00 109 (d) 077-99 007-00 Conglomerate Land-Sea Resources Corp. AVR Building, Beaterio Street Intramuros, Manila Gentlemen : This refers to your letter dated January 4, 2000 requesting in behalf of Allied Botanical Corporation, exemption from VAT of the latter's importation of the following vegetable seeds, viz: 1. Asparagus Seed 7. Pepper, Macaroni 2. Bean Blue Lake Pole 8. Pepper, Emeral Ginat 3. Celery, Tall Utah 9. Squash Grey Zucchini 4. Cucumber, Poinsett 10. Pepper, Cal Wonder 5. Lettuce, Great Lakes 11. Pak Choi, Allied 6. Lettuce, Great Lakes Waldermans Green 12. Honeydew Melon It is your contention that the aforementioned vegetable seeds which arrived on December 31, 1999 on board S/S OOCL America under Bill of Lading No. NFA-528 are exempt from the payment of VAT pursuant to Section 103(b) of the Tax Code, as amended by Executive Order No. 273. In reply, please be informed that your contention is correct. The importation by Allied Botanical Corporation of five (5) pallets (4,812 lbs.) different kinds of vegetable seeds is exempt from the value-added tax pursuant to Section 109(d) of the Tax Code of 1997 which provides as follows: "Sale or importation of fertilizers; seeds, seedlings and fingerlings; fish, prawn, livestock and poultry feeds, including ingredients, whether locally produced or imported, used in the manufacture of finished feeds (except specialty feeds for race horses, fighting cocks, aquarium fish, zoo animals and other animals generally considered as pets); LexLib This serves as your authority to secure the release from customs custody of the above importation without payment of the 10% VAT. This ruling is issued on the basis of your representation but the same shall be considered null and void if it turns out later that the facts are different from those as represented. Very truly yours, (SGD.) DAKILA B. FONACIER Commissioner of Internal Revenue By: (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner Legal and Enforcement Group