MALACANANG
Manila
BY THE
PRESIDENT OF THE PHILIPPINES
EXECUTIVE
ORDER NO. 905
MODIFYING THE RATES OF IMPORT DUTY ON
CERTAIN IMPORTED ARTICLES AS PROVIDED FOR UNDER THE TARIFF AND
CUSTOMS CODE OF 1978, AS AMENDED IN ORDER TO IMPLEMENT THE AMENDED TARIFF
REDUCTION SCHEDULE ON MOTOR VEHICLES AND COMPONENTS, PARTS AND/OR ACCESSORIES
UNDER EXECUTIVE ORDER 767 SERIES OF 2008 UNDER THE AGREEMENT BETWEEN THE
REPUBLIC OF THE PHILIPPINES AND JAPAN FOR AN ECONOMIC PARTNERSHIP.
WHEREAS,
Chapter 2 of the
Agreement between the Republic of the Philippines and Japan covers Trade in
Goods (TIG) Chapter;
WHEREAS,
Article 18.2
of the TIG Chapter of the Agreement provides that:
"On the request of
either party, the Parties shall negotiate on
issues such as improving market access conditions on
originating goods designated for negotiation in the Schedule in
Annex 1, in accordance with the terms and conditions set out
in such Schedule."
WHEREAS,
Executive
Order (EO) 767 (MODIFYING THE RATES OF DUTY ON CERTAIN IMPORTED ARTICLES AS
PROVIDED FOR UNDER THE TARIFF AND CUSTOMS
CODE OF
THE 1978, AS AMENDED, IN ORDER TO IMPLEMENT THE COMMITMENT
TO
REDUCE TARIFF RATES ON CERTAIN PRODUCTS INCLUDED IN THE AGREEMENT
BETWEEN
THE REPUBLIC OF THE PHILIPPINES AND JAPAN FOR ECONOMIC
PARTNERSHIP) was signed on 07 November 2008;
WHEREAS,
pursuant to
Section 3 of EO 767,
the rates
of duty of
certain
products
represented with symbol "S"
as indicated in the Notes for
Schedule
of
the
Philippines
under the Agreement shall be subject to negotiations
in
year 2009;
WHEREAS,
the National
Economic
and Development
Authority
(NEDA)
Board
during
its meeting on 22 June 2010 approved the tariff reduction schedule
on
motor
vehicles
and components,
parts
and/or accessories;
WHEREAS,
Section 402
of the Tariff and Customs
Code of 1978
(Presidential
Decree
No. 1464), as amended,
empowers
the President
of the
Republic
of the
Philippines, upon the recommendation of the NEDA, to modify
import
duties for
the
promotion of foreign trade;
NOW, THEREFORE, I,
GLORIA MACAPAGAL ARROYO,
President of the
Republic 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 in the Annex (Articles Granted Concessions under
the Agreement) hereof, as classified under Section 104 of the Tariff
and
Customs Code of 1978, as amended, shall be subject to the rates of duty in
accordance with
the schedule indicated in Columns 3 to 6 of said Annex. The rates of
duty so
indicated
shall be accorded to imports coming from Japan as a Party to the
Agreement.
SECTION 2.
From the
date of
effectivity of this Executive Order, all articles listed in the Annex which are
entered 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 the Agreement.
SECTION 3.
Nothing in this
Executive Order shall preclude the Philippines from invoking its right of
recourse to all trade remedy measures provided for in its law,
this
Agreement and relevant international agreements as an effective device against
import surges.
SECTION 4.
The provisions of this
Executive Order are hereby declared separable and in the event any of such
provisions is declared invalid or unconstitutional,
the other
provisions,
which are not affected thereby, remain in force and effect.
SECTION S.
All presidential
issuances, administrative rules and
regulations,
or
parts thereof,
which are inconsistent with this Executive Order are
hereby
revoked or modified accordingly.
SECTION 6.
This Executive Order
shall take effect immediately following its complete publication
in the Official Gazette or in a national newspaper of general
circulation.
Done in the City of Manila,
this 29th day of June, in the year of Our Lord Two Thousand and Ten.
By
the President:
LEANDRO R. MENDOZA
Executive Secretary
to
view Annex A
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