MALACANANG
Manila
BY THE
PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER
NO. 485
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
COMMITMENT TO REDUCE THE TARIFF RATES ON CERTAIN PRODUCTS TO ZERO PERCENT UNDER
THE EARLY HARVEST PROGRAMME OF THE ASEAN - CHINA FREE TRADE AREA
WHEREAS, the
Framework Agreement on Comprehensive Economic Cooperation (Framework Agreement)
Between the Association of South East Asian Nations (ASEAN) and the People's
Republic of China (China) was signed by the Heads of Government / State of the
ASEAN Member States and China on 4 November 2002 in Cambodia;
WHEREAS, under
Article 6 of the Framework Agreement, the Parties agreed to implement an Early
Harvest Programme (which is an integral part of the ASEAN - China FTA) for
certain products which will commence and end in accordance with set timeframes;
WHEREAS, a Memorandum of
Understanding (MOU) Between the Governments of the Philippines and China on the
Early Harvest Programme under the Framework Agreement was signed on 27 April
2005;
WHEREAS, under the MOU,
the Philippines and China agreed to eliminate the tariffs of certain products by
1 January 2006;
WHEREAS, the NEDA
Board approved, during its meeting on 20 December 2005, the grant of zero
tariffs on 214 tariff lines in compliance with the MOU;
WHEREAS, Section 402 of
the Tariff and Customs Code of 1978 (PD 1464), as amended, empowers the
President of the Republic of the Philippines, 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, 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" [Articles Granted Concessions
Under the Early Harvest Programme of the ASEAN - China Free Trade Area] and Annex
"B" [Specific Products Granted Concessions Under the Early Harvest Programme
of the ASEAN - China Free Trade Area Pursuant to Article 6(3)(a)(iii)] hereof,
as classified under Section 104 of the Tariff and Customs Code of 1978, as
amended, shall be subject to the ACFTA rates in accordance with the schedule
indicated in Column 4 of Annexes "A" and "B". The ACFTA rates so
indicated shall be accorded to imports coming from the parties of the Framework
Agreement applying tariff concession to the same product pursuant to Article 6
of said Framework Agreement.
SECTION 2. From
the date of effectivity of this Order, all articles listed in Annexes "A" and
"B" entered into 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 Article 5 of the
Agreement on Trade in Goods of the Framework Agreement signed on 29 November
2004.
SECTION 3.
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 4. 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 29th
day of December in the year of Our Lord Two Thousand and Five.
Signature of the President
By the President:
EDUARDO R. ERMITA
Executive Secretary
to view
Annex A
to view Annex B
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