RESINS VS. AUDITOR GENERAL

FACTS
Petitioner, Resins Incorporated, seeks for refund from respondent Central Bank on the claim that it was exempt from the margin fee under the RA No. 2609 for the importation of urea and formaldehyde, as separate units used for the production of synthetic glue of which it was a manufacturer. The specific language of the Act speaks of “urea formaldehyde”, and petitioner admittedly did import urea and formaldehyde separately.

ISSUE
Whether or not the imported urea and formaldehyde by the petitioner is exempt from the margin fee under RA No. 2609.


HELD
‘Urea formaldehyde’ is clearly a finished product, which is patently distinct and different from ‘urea’ and ‘formaldehyde’, as separate articles used in the manufacture of the synthetic resins known as ‘urea’ and ‘formaldehyde’. Thus, petitioners import is not exempt from margin fee.

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