MODIFYING THE NOMENCLATURE AND RATES OF IMPORT DUTY ON
SUGAR (HEADING 17.01) UNDER SECTION 104 OF THE TARIFF AND CUSTOMS CODE OF
1978 (PRESIDENTIAL DECREE NO. 1464), AS AMENDED
WHEREAS, a review of the present
classification of sugars under HS Heading 17.01, Section 104 of the Tariff and
Customs Code of 1978 (PD1464), as amended, is warranted to facilitate
monitoring of imported sugars and establish a clear framework for rules
relating to the classification of sugars and articles containing the same;
WHEREAS, the NEDA Board Committee
on Tariff and Related Matters (CTRM) approved, at its meeting of 23 February
2004, the grant of a tariff concession on imports of certain sugars from the
ASEAN Member States;
WHEREAS, Sections 401 and 402 of the
Tariff and Customs Code of 1978, as amended, empowers the President of the
Republic of the Philippines to increase, reduce and remove existing rates of
import duty, as well as to modify the form of duty and the tariff
nomenclature, under Section 104 of the Code;
NOW, THEREFORE, I, GLORIA MACAPAGAL ARROYO,
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” hereof, as classified under Section 104 of the Tariff and
Customs Code of 1978, as amended, shall be subject to the rates of import duty
[Most- Favoured-Nation (MFN) and ASEAN Common Effective Preferential Tariff (CEPT)]
indicated in columns 4 and 5 opposite each article.
SECTION 2. The ASEAN CEPT rates so
indicated in Annex “A” 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 3. The nomenclature and the rates of import duty
on tariff headings not enumerated and those listed but represented by the
symbol “x x x” shall remain in force and in effect.
SECTION 4. Upon the effectivity of this
Executive Order, all articles listed in Annex “A” which are entered and
withdrawn from warehouses in the Philippines for consumption shall be levied
the MFN rates of duty therein prescribed.
SECTION 5. Upon the effectivity of
this Executive Order, all articles listed in Annex ”A” which are entered and
withdrawn from warehouses in the Philippines for consumption shall be imposed
the ASEAN CEPT 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 ASEAN Free Trade Area signed on 28 January 1992.
SECTION 6. All Presidential
issuances, administrative rules and regulations, or parts thereof, which are
contrary to or inconsistent with this Executive Order are hereby revoked or
modified accordingly.
SECTION 7. This Executive Order
shall be subject to annual review by the CTRM.
SECTION 8. This Executive Order shall
take effect immediately following its complete publication in two (2)
newspapers of general circulation in the Philippines.
DONE in the City of Manila, this
3rd day of March in the year of Our Lord, two thousand and four.
(Signature of the President)
By the
President:
(Signed)
ALBERTO G. ROMULO
Executive Secretary
