Lifting the Suspension of the Application of the Tariff Concessions on Refractory Bricks

July 16, 1993 EXECUTIVE ORDER NO. 106 LIFTING THE SUSPENSION OF THE APPLICATION OF THE TARIFF CONCESSIONS GRANTED BY THE PHILIPPINES ON REFRACTORY BRICKS UNDER THE ASEAN PREFERENTIAL TRADING ARRANGEMENTS WHEREAS, pursuant to Executive Order No. 472, effective 20 August 1991, the application of the 10% binding concession on refractory bricks and the 25% Margin of Preference (MOP) on fireclay bricks, including alumina bricks, extended under the ASEAN Preferential Trading Arrangements (PTA) has been suspended on account of the serious injury caused to the domestic industries producing like or similar products by the surge of imports of subject articles enjoying said tariff concessions; cd WHEREAS, following Thailand's request for the lifting of the suspension of the tariff concessions on subject articles, a reinvestigation was undertaken under Section 402 of the Tariff and Customs Code, and the results thereof showed that the injurious import surge has been arrested by the simultaneous suspension of the tariff concessions on refractory bricks under the ASEAN-PTA and the imposition of dumping duty on importation of said articles from Thailand; NOW, THEREFORE, I, FIDEL V. RAMOS, President 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 suspension of the application of the tariff concessions granted by the Philippines on refractory bricks under the ASEAN Preferential Trading Arrangements, as implemented under Executive Order No. 472, is hereby lifted. SECTION 2.Upon effectivity of this Order, the 10% binding concession on refractory bricks and the Margin of Preference on fireclay bricks, including alumina bricks, as specified in Columns 7, 8, and 9 of attached Annex "A", shall be restored. In effect, such articles shall be subject to the Preferential ASEAN Tariff in accordance with the schedule indicated in Columns 10 to 13 of the said Annex "A". SECTION 3.In the event that any subsequent changes are made in the basic Philippine rate of duty on item nos. (3) and (5), such articles shall automatically be accorded the corresponding amended rate of duty. The rates of duty on items nos. (1), (2), (4), and (6) shall remain bound at 10% for ASEAN. SECTION 4.This Executive Order shall take effect thirty (30) days after publication in two (2) newspapers of general circulation. DONE in the City of Manila, this 16th day of July, in the year of Our Lord, Nineteen Hundred and Ninety-Three. Published in the Official Gazette, Vol. 89 No. 39 Page 5567 on September 27, 1993. ANNEX "A" REFRACTORY PRODUCTS AND THE ASEAN PTA TARIFF CONCESSIONS RESTORED PURSUANT TO THIS EXECUTIVE ORDER Rate of Duty Tariff Concessions/ Margin of Preference Applicable ASEAN Tariff HS No. Description 1993 Starting 1 July Starting 1 July 1993 1994 1995 1992 1993 1994 1993 1993 1994 1995 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (1) ex 6902.10 00 Refractory bricks containing by weight, singly or together, more than 50% of the elements Mg, Ca or Cr, expressed MgO, CaO or Cr2 O3 20 20 20 20 108 108 108 10 10 10 10 (2) ex 6902.20 10 Alumina-silica refractory bricks 20 20 20 20 108 108 108 10 10 10 10 (3) ex 6902.20 10 Alumina-silica fireclay bricks 20 20 20 20 35 45 50 13 11 10 10 (4) ex 6902.20 90 Refractory bricks containing by weight more than 50% of alumina (A12 3), of silica (S102) or of a mixture or compound of these products, other than those of subheading No. 6902.20 10 10 10 10 10 108 108 108 10 10 10 10 (5) ex 6902.20 90 Fireclay bricks containing by weight more than 50% of alumina (A12 O3), of silica (S102), or of a mixture or compound of these products, other than those of subheading No. 6902.20 10 10 10 10 10 35 45 50 65 5.5 5.5 5.5 (6) ex 6902.90 00 Refractory bricks other than those of subheading nos. 6902.10 00, 6902.20 10 and 6902.20 90 10 10 10 10 108 108 108 10 10 10 10 Published in the Official Gazette, Vol. 89 No. 39 Page 5567 on September 27, 1993.