MALACANANG
Manila
BY THE
PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER
NO. 489
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
TARIFF REDUCTION SCHEDULE FOR 2006 - 2010 OF SENSITIVE AGRICULTURAL PRODUCTS
TRANSFERRED FROM THE AGRICULTURAL PRODUCT SENSITIVE LIST (SL) TO THE COMMON
EFFECTIVE PREFERENTIAL TARIFF INCLUSION LIST (CEPT - IL)
WHEREAS,
the Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of
Indonesia, Lao People's Democratic Republic, Malaysia, Union of Myanmar,
the Republic of the Philippines, the Republic of Singapore, the Kingdom of
Thailand, and the Socialist Republic of Viet Nam signed the Protocol on the
Special Arrangement for Sensitive and Highly Sensitive Products on 30 September
1999;
WHEREAS, Member
States (i.e. Brunei Darussalam, Indonesia, Malaysia, the Philippines, Singapore
and Thailand) phased-in sensitive products to the CEPT Scheme beginning on 01
January 2001 with flexibility but no later than 01 January 2003 and shall
complete the phasing-in by 01 January 2010;
WHEREAS, Article III of
the Protocol provides that the beginning rate shall be the applied rate and the
ending tariff rates shall be 0% - 5%;
WHEREAS, on 5 November 2001,
the NEDA Board approved the 2001 - 2010 Philippine CEPT Schedule for sensitive
agricultural products;
WHEREAS, on 9
December 2003, the NEDA Board confirmed the phasing -in of 44 sensitive
agricultural products to the CEPT - IL in 2003;
WHEREAS, Executive Order
263 issued on 30 December 2003 prescribed the 2003 - 2005 CEPT rate schedule for
subject articles;
WHEREAS, Section 402 of the
Tariff and Customs Code of 1978 (PD 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, 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 (Sensitive
Agricultural Products Granted
Concession
Under the CEPT for the AFTA), as
classified under Section 104 of the Tariff and Customs Code of 1978, as
amended, shall be subject to the ASEAN CEPT rate in accordance with the year
2006-2010
schedule indicated in Columns 4-8 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 change is made in the basic (Most Favored Nation) Philippine rate of
duty on any of the article listed in Annex "A" to a rate lower than the
rate prescribed in Columns 4-8 of Annex ""A, such article shall
automatically be accorded the corresponding reduced duty.
SECTION 3.
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 4.
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 5. 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 12th
day of January in the year of Our Lord Two Thousand and Six.
Signature of the President
By the President:
EDUARDO R. ERMITA
Executive Secretary
to view
Annex A
