MODIFYING THE RATES OF DUTY ON CERTAIN IMPORTED ARTICLES AS PROVIDED FOR UNDER THE TARIFF AND CUSTOMS CODE OF 1978, AS AMENDED, IN ORDER TO IMPLEMENT THE 1997-2003 PHILIPPINE SC…

WHEREAS, at the 28th Meeting of the ASEAN Economic Ministers (AEM) held in
Jakarta, Indonesia on 12-14 September 1996, it was agreed that Member Countries
shall prepare one legal enactment to implement the schedule of tariff
reductions under the new time frame covering the whole period from 1997 to
2003;

WHEREAS, Section 402 of the Tariff and Customs Code of 1978 (Presidential
Decree No. 1464), as amended, empower the President, upon the recommendation of
the National Economic and Development Authority, to increase, reduce or remove
existing protective rates of import duty, as well as to modify the form of
duty.

NOW, THEREFORE, I, FIDEL
V. RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1.  The articles specifically listed in Annex “A” (Articles
Granted Concessions under the CEPT-AFTA) hereof, as classified under Section
104 of the Tariff and Customs Code of 1978, as amended, shall be subject to the
ASEAN Common Effective Preferential Tariff in accordance with the 1997-2003
schedule indicated shall be accorded to imports coming from ASEAN member states
applying CEPT concession to the same product pursuant to Article 4 of the CEPT
Agreement and its Interpretative Notes.

SECTION 2.  The articles specifically listed in Annex “B” (Articles for
Phasing-in the CEPT-AFTA) hereof shall be subject to the ASEAN rate in
accordance with the 1997 schedule indicated in column 4 of Annex “B”. 
Implementation of the ASEAN preferential tariff schedule indicated in columns
5-10 of Annex “B” for the succeeding years shall be subject to the issuance of
separate implementing executive orders.

SEC. 3. In the event that any subsequent changes are made in the basic
(MFN) Philippine rate of duty on any of the articles listed in Annexes “A” and
“B” to a rate prescribed in columns 4-10 of Annex “A” and Column 4 of Annex “B”
such article shall automatically be accorded the corresponding reduced duty.

SEC. 4. The Margins of Preference (MOPs) accorded under ASEAN Preferential Trading
Arrangements (PTA) shall no longer be extended to any of the products under
Annexes “A” and “B” hereof.

SEC. 5. Upon the effectivity of this Executive Order, all articles listed
in Articles “A” and “B” entered or withdrawn from warehouses in the Philippines
for consumption shall be imposed the rates of duty for 1997-2003  herein
prescribed subject to qualification under the Rules of Origin as provided for
in the Agreement on the CEPT Scheme for the AFTA signed on 28 January 1992.

SEC. 6. All Presidential issuance, administrative rules and regulations or
parts thereof, which are contrary or inconsistent with this Executive Order are
hereby repealed or modified accordingly.

SEC. 7. This Executive order shall take effect immediately.

DONE in the City of Manila, this
31st day of October in the year of Our Lord, Nineteen Hundred and Ninety Seven.

(Sgd.) FIDEL
V. RAMOS
President of the Philippines

By the President:

(Sgd.) RUBEN D. TORRES
Executive Secretary

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