MALACAŅANG
MANILA
BY
THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 613
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 TARIFF RATES ON CERTAIN PRODUCTS INCLUDED IN THE NORMAL
TRACK 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, Articles 2(a), 3(1), and
8(1) of the Framework Agreement reflect the Parties' commitment to establish the
ASEAN-China Free Trade Area (ACFTA) covering trade in goods by 2010 for ASEAN 6
and China, and by 2015 for the newer ASEAN Member States;
WHEREAS, the Agreement on
Trade in Goods of the Framework Agreement was signed by the Economic Ministers
of the Parties on 29 November 2004 in Laos;
WHEREAS, Article 3(2)(a) of
the Agreement on Trade in Goods of the Framework Agreement provides that tariff
lines placed in the Normal Track by each Party shall have their respective
applied MFN tariff rates gradually reduced or eliminated in accordance
with the modalities set out in Annex 1 of the Agreement with the objective of
achieving the targets prescribed in the threshold therein.
WHEREAS, the aforesaid Annex 1
of the Agreement on Trade in Goods of the Framework Agreement provides that
ASEAN 6 and China shall implement the following tariff reduction schedule for
products in the Normal Track by 1 July 2005; (a) applied MFN tariff
rates above 20% shall be reduced to 20%; (b) applied MFN tariff
rates from 15% to 19% shall be at 15% (c) applied MFN tariff rates from 10% to
14% shall be at 10% (d) applied MFN tariff rates from 6% to 9% shall be
reduced to 5% and (e) applied MFN tariff rates from 0% to 5% shall be
maintained;
WHEREAS, the NEDA Board
approved on 14 January 2007, the reduction in tariff rates on 2,203 tariff lines
in compliance with the modalities set out in the Agreement on Trade in Goods of
the Framework Agreement;
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 article specifically listed in Annex "A" (Articles Granted Tariff
Concession Under the Normal Track of the ASEAN-China Free Trade Area) 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
Columns 4-6 of Annex "A". The ACFTA rates so indicated shall be
accorded to imports coming from the parties of the Agreement on Trade in Goods
of the Framework Agreement applying tariff concession to the same product
pursuant to Article 3 of the Agreement on Trade in Goods of the Framework
Agreement.
SEC. 2.
For ASEAN 9 (i.e. Brunei Darussalam, Cambodia, Indonesia, Lao Peoples Democratic
Republic, Malaysia, Myanmar, Singapore, Thailand and Vietnam) the applicable
rate shall be the ACFTA or the Common Effective Preferential Tariff (CEPT) rate
whichever is lower, subject to the submission of the proper Certificate of
Origin, Form E or D. The Tariff Commission pursuant to Section 1313(a) of
the Tariff and Customs Code of the Philippines, as amended, may, upon request,
issue tariff classification rulings to confirm the applicable rates of duty of
particular products subject to this section.
SEC. 3. In the
event that any subsequent change is made in the basic (MFN) Philippine rate of
duty on any of the article listed in Annex "A" to a rate lower than the
rate prescribed in Columns 4-6 of Annex "A", such article shall
automatically be accorded the corresponding reduced duty.
SEC. 4. From
the date of effectivity of this Order, all articles listed in Annex "A" entered
into or withdrawn from warehouses in the Philippines 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 or Article 2.4 of the Agreement on the CEPT Scheme
for the AFTA.
SEC. 5. 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.
SEC. 6. This
Executive Order shall take effect immediately following its complete publication
in the Official Gazette or in a national newspaper of general circulation in the
Philippines.
Done in the City of Manila, this
17th
day of April, in the year of Our Lord, Two Thousand and Seven.
GLORIA MACAPAGAL ARROYO
By the President:
(signed)
EDUARDO R. ERMITA
Executive Secretary
Note: Photocopy
of
Annex "A" is available at the Commission at a minimal cost.
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