EXECUTIVE ORDER NO. 905, June 29, 2010

MODIFYING THE RATES OF IMPORT DUTY ON CERTAIN IMPORTED ARTICLES AS PROVIDED FOR UNDER THE TARIFF AND CUSTOMS CODE OF 1978, AS AMENDED IN ORDER TO IMPLEMENT THE AMENDED TARIFF RE…

Executive Orders June 29, 2010
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WHEREAS, Chapter 2 of the Agreement between the Republic of the Philippines and Japan covers Trade in Goods (TIG) Chapter;

WHEREAS, Article 18.2 of the TIG Chapter of the Agreement provides that:

“On the request of either party, the Parties shall negotiate on
issues such as improving market access conditions on originating goods
designated for negotiation in the Schedule in Annex 1, in accordance
with the terms and conditions set out in such Schedule.”

WHEREAS, Executive Order (EO) 767 (MODIFYING THE
RATES OF DUTY ON CERTAIN IMPORTED ARTICLES AS PROVIDED FOR UNDER THE
TARIFF AND CUSTOMS CODE OF THE 1978, AS AMENDED, IN ORDER TO IMPLEMENT
THE COMMITMENT TO REDUCE TARIFF RATES ON CERTAIN PRODUCTS INCLUDED IN
THE AGREEMENT BETWEEN THE REPUBLIC OF THE PHILIPPINES AND JAPAN FOR
ECONOMIC PARTNERSHIP) was signed on 07 November 2008;

WHEREAS, pursuant to Section 3 of EO 767, the
rates of duty of certain products represented with symbol “S” as
indicated in the Notes for Schedule of the Philippines under the
Agreement shall be subject to negotiations in year 2009;

WHEREAS, the National Economic and Development
Authority (NEDA) Board during its meeting on 22 June 2010 approved the
tariff reduction schedule on motor vehicles and components, parts and/or
accessories;

WHEREAS, Section 402 of the Tariff and Customs
Code of 1978 (Presidential Decree No. 1464), as amended, empowers the
President of the Republic of the Philippines, upon the recommendation of
the NEDA, to modify import duties for the promotion of foreign trade;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President
of the Republic of the Philippines, pursuant to the powers vested in me
under Section 402 of the Tariff and Customs Code of 1978, as amended,
do hereby order:

SECTION 1. The articles specifically listed in
the Annex (Articles Granted Concessions under the Agreement) hereof, as
classified under Section 104 of the Tariff and Customs Code of 1978, as
amended, shall be subject to the rates of duty in accordance with the
schedule indicated in Columns 3 to 6 of said Annex. The rates of duty so
indicated shall be accorded to imports coming from Japan as a Party to
the Agreement.

SECTION 2. From the date of effectivity of this
Executive Order, all articles listed in the Annex which are entered or
withdrawn from warehouses in the Philippines for consumption shall be
imposed the rates of duty therein prescribed subject to compliance with
the Rules of Origin as provided for in the Agreement.

SECTION 3. Nothing in this Executive Order shall
preclude the Philippines from invoking its right of recourse to all
trade remedy measures provided for in its law, this Agreement and
relevant international agreements as an effective device against import
surges.

SECTION 4. The provisions of this Executive Order
are hereby declared separable and in the event any of such provisions
is declared invalid or unconstitutional, the other provisions, which are
not affected thereby, remain in force and effect.

SECTION 5. All      presidential         
issuances,      administrative rules and  regulations, or parts thereof,
which are inconsistent with this Executive Order are hereby revoked or
modified accordingly.

SECTION 6. This Executive Order shall take effect
immediately following its complete publication in the Official Gazette
or in a national newspaper of general circulation.

Done in the City of Manila, this 29th day of June, in the year of Our Lord Two Thousand and Ten.

 

(SGD.)GLORIA MACAPAGAL-ARROYO
 
President of the Philippines
 
 
By the President:
 
 
(SGD.) LEANDRO R. MENDOZA
 
Executive Secretary