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 2000-2003 PHILIPPINE SC…

National Administrative Register [ EXECUTIVE ORDER NO. 234[*], April 27, 2000 ]



WHEREAS, at its Meeting on 11 November 1998, the Tariff Related
Matters (TRM) Cabinet Committee approved the transfer of popcorn and
grain sorghum from the CEPT Sensitive List to the Inclusion List;

WHEREAS, at its Meeting on 19 August 1999, the NEDA Board approved
the acceleration of the CEPT rates on eight hundred fifty (850) tariff
lines to 0-5% and likewise decided on the unification of the CEPT rates
on extracted tariff lines to facilitate the implementation of the
AFTA-CEPT on said products;

WHEREAS, the 13th AFTA Council Meeting and the 31st ASEAN Economic
Ministers’ Meeting held in Singapore on 29 September 1999 and 30
September 1999, respectively agreed that ASEAN Member Countries shall
prepare the legal enactment to implement the schedule of tariff
reductions of products transferred from the Temporary Exclusion List
(TEL) to the CEPT Inclusion List covering the period from 2000-2003;

WHEREAS, Section 402 of the Tariff and Customs Code of 1978
(Presidential Decree No. 1464), as amended, empowers 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, JOSEPH EJERCITO ESTRADA, 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 Concession under the AFTA-CEPT) 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 2000-2003 schedule indicated in Columns
4-7 of Annex “A”. The ASEAN CEPT rates so 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. In the event that any subsequent
changes are made in the basic (MFN) Philippine rate of duty on any of
the articles listed in Annex “A” to a rate lower than the rate
prescribed in Columns 4-7 of Annex “A” such article shall automatically
be accorded the corresponding reduced duty.

SECTION 3. The Margins of Preference (MOPs)
accorded under the ASEAN Preferential Trading Arrangements (PTA) shall
no longer be extended to any of the products listed in Annex “A” hereof.

SECTION 4. From the date of effectivity of this
Order, all articles listed in Annex “A” entered or withdrawn from
warehouses in the Philippines for consumption shall be imposed the rates
of duty therein 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.

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contrary or inconsistent with this Executive Order are hereby repealed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

SECTION 6. This Executive Order shall take effect 1 January 2000.

Adopted: 27 Apr. 2000

(Sgd.)JOSEPH EJERCITO ESTRADA

By the President:

(SGD.) RONALDO B. ZAMORA
Executive Secretary 


[*]Also filed by Bureau of Customs on 19 May 2000