MODIFYING THE RATES OF DUTY ON CERTAIN IMPORTED ARTICLES AS PROVIDED UNDER THE TARIFF AND CUSTOMS CODE OF 1978, AS AMENDED, IN ORDER TO IMPLEMENT THE DECISION TAKEN BY THE THIRT…

WHEREAS, the Philippines is a Contracting Party to
the Revised Basic Agreement on ASEAN Industrial Joint Ventures (BAAIJV) signed
in Manila on 15 December 1987;

WHEREAS, the Philippines, along with Malaysia and
Thailand, is a participating country in the Constant Velocity Joint Driveshaft
– Asian Driveshaft (Malaysia) Sdn. Bhd. AIJV project that was approved during
the Thirty-Fifth Meeting of the COIME held in Manila on 16-18 July 1992;

WHEREAS, in accordance with paragraph 1 of Article
III of the Revised BAAIJV, all participating countries shall extend a minimum
ninety per centum (90%) Margin of Preference (MOP) to new AIJV products within
ninety (90) days of their commercial production;

WHEREAS, under paragraph 3(c) of Article III of the
Revised BAAIJV, the participating countries shall waive their rights under
Chapter II, Article 8, paragraph 2, of the ASEAN Preferential Trading
Arrangements (PTA) for a four-year period commencing from the actual date of
commercial production of the new AIJV product in respect of entities that are
not AIJVs but produce the same products within their countries;

WHEREAS, under paragraph 3(a) of Article III of the
same agreement non-participating countries shall initially waive their rights
under Chapter II, Article 8, paragraph 2, of the ASEAN PTA for the first four
years but, at any time thereafter, can enjoy the MOP granted by participating
countries as soon as they extend the same MOP;

WHEREAS, constant velocity joint driveshafts
assembly and parts thereof are new AIJV products whose commercial production by
ASIAN DRIVESHAFT SDN. BHD. Penang (Malaysia) started on 1 January 1994;

NOW, THEREFORE, I FIDEL V. RAMOS, President 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
hereunder as classified under Section 104 of the Tariff and Customs Code of
1978, as amended, shall be accorded a minimum ninety per centum (90%) MOP as
specified in column 6. In effect, such articles shall be subject to the AIJV
Preferential Tariff in accordance with the schedule indicated in columns 7, 8
and 9.

SEC. 2. The MOP herein provided on constant
velocity joint driveshafts assembly and parts thereof shall be accorded
exclusively to the AIJV entity in Malaysia effective from 1 January 1994 up to
31 December 1997. Thereafter, the said MOP shall likewise be accorded to any
entity in the participating countries which is not an AIJV but produces the
same AIJV products.

SEC. 3. The MOP herein provided on constant
velocity joint driveshafts assembly and parts thereof shall be accorded to any
entity in the non-participating countries at any time beginning 1 January 1998,
provided said countries extend the same MOP on the AIJV products.

SEC. 4. The minimum ninety per centum (90%) MOP
accorded under this Executive Order shall remain effective irrespective of any
subsequent change in the basic Philippine rate of duty on the above-mentioned
articles.

SEC. 5. Upon the effectivity of this Executive
Order, all the aforementioned articles entered or withdrawn from warehouses in
the Philippines for consumption shall be subject to qualification under the
Rules of Origin as prescribed in the Agreement on ASEAN Preferential Trading
Arrangements ratified on 1 August 1977, and shall pay the applicable AIJV
Preferential Tariff specified under Section 1 hereof.

SEC. 6. This Executive Order shall take effect
immediately after its publication in two (2) newspapers of general circulation
in the Philippines.

Done in the City of Manila, this 24^th
day of April in the year of Our Lord, nineteen hundred and ninety five.

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

By the
President:

(Sgd.) TEOFISTO
T. GUINGONA, JR.
Executive Secretary

Normal
0

false
false
false

EN-US
X-NONE
X-NONE

MicrosoftInternetExplorer4

/* Style Definitions */
table.MsoNormalTable
{mso-style-name:”Table Normal”;
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-qformat:yes;
mso-style-parent:””;
mso-padding-alt:0in 5.4pt 0in 5.4pt;
mso-para-margin:0in;
mso-para-margin-bottom:.0001pt;
mso-pagination:widow-orphan;
font-size:11.0pt;
font-family:”Calibri”,”sans-serif”;
mso-ascii-font-family:Calibri;
mso-ascii-theme-font:minor-latin;
mso-fareast-font-family:”Times New Roman”;
mso-fareast-theme-font:minor-fareast;
mso-hansi-font-family:Calibri;
mso-hansi-theme-font:minor-latin;
mso-bidi-font-family:”Times New Roman”;
mso-bidi-theme-font:minor-bidi;}