Maintaining the Temporary Modification of Rates of Import Duty on Certain Agricultural Products under Section 1611 of Republic Act No. 10863, Otherwise Known as the "Customs Modernization and Tariff Act"

January 13, 2023

EXECUTIVE ORDER NO. 13

MAINTAINING THE TEMPORARY MODIFICATION OF RATES OF IMPORT DUTY ON CERTAIN AGRICULTURAL PRODUCTS UNDER SECTION 1611 OF REPUBLIC ACT NO. 10863, OTHERWISE KNOWN AS THE "CUSTOMS MODERNIZATION AND TARIFF ACT"

WHEREAS, the current global economic situation brought about by the COVID-19 pandemic, as well as other factors affecting the country's traditional sources of mechanically deboned meat of chicken and turkey cause uncertainty in the steady supply of said commodities;

WHEREAS, the high inflation prompted by supply constraints, expected shortage in the global supply, and rise in international commodity prices present economic and trade implications to the country and the Filipino people;

WHEREAS, Executive Order (EO) No. 82 (s. 2019) temporarily modified the Most Favored Nation (MFN) rates of import duty on mechanically deboned meat of chicken and turkey until 31 December 2020;

WHEREAS, EO No. 123 (s. 2021) extended the effectivity of the reduced tariff rates under EO No. 82 until 31 December 2022;

WHEREAS, there is a need to maintain the reduced tariff rates on mechanically deboned meat of chicken and turkey to ensure continued supply of essential food products at affordable prices, diversify the country's market sources, and help businesses recover and sustain their operations;

WHEREAS, Section 1608 of Republic Act (RA) No. 10863 or the "Customs Modernization and Tariff Act," empowers the President, in the interest of general welfare and national security, and upon recommendation of the National Economic and Development Authority (NEDA), to increase, reduce or remove existing rates of import duty;

WHEREAS, Section 7 (a) of RA No. 8178 or the "Agricultural Tariffication Act," as amended by RA No. 11203, authorizes the President to increase, reduce, revise or adjust existing rates of import duty up to the bound rate committed by the Philippines under the World Trade Organization Agreement on Agriculture and the ASEAN Trade in Goods Agreement; and

WHEREAS, on 28 December 2022, the NEDA Board endorsed ad referendum the extension of the reduced MFN tariff rates under EO No. 123 on mechanically deboned meat of chicken and turkey until 31 December 2024;

NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Rates of Import Duty. — The articles specifically listed in Annex A hereof, as classified under Section 1611 of RA No. 10863, shall be subject to the MFN rates of import duty in accordance with the schedule indicated opposite each article until 31 December 2024.

Upon the effectivity of this Order, all articles specifically listed in Annex A hereof, which are entered into or withdrawn from warehouses in the Philippines for consumption, shall be levied the MFN rates of duty as prescribed therein.

The rates of import duty on tariff headings and subheadings which are not listed in Annex A hereof, and those listed but represented by the symbol "X X X" shall remain in full force and effect.

SECTION 2. Review. — The MFN tariff rates shall be subject to review after one (1) year of implementation of this Order. For this purpose, the NEDA shall submit to the President, through the Office of the Executive Secretary, its findings and recommendations on the matter.

SECTION 3. Separability. — If any section or part of this Order is declared to be unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force and effect.

SECTION 4. Repeal. — All orders, rules, regulations, and issuances or parts thereof, which are inconsistent with this Order are hereby repealed or modified accordingly.

SECTION 5. Effectivity. — This Order shall take effect immediately after its complete publication in the Official Gazette or in a newspaper of general circulation.

DONE in the City of Manila, this 13th day of January, in the year of Our Lord, Two Thousand and Twenty-Three.

ANNEX A

 

Hdg. No.	AHTN 2022 Code	Description	MFN Rate of Duty (%)
Until 31 December 2024	Starting 01 January 2025
(1)	(2)	(3)	(4)	(5)
02.07		Meat and edible offal, of the poultry of heading 01.05, fresh, chilled or frozen.
		- Of fowls of the species Gallus domesticus:
	0207.11.00 to 0207.13.00.200	- - X X X
	0207.14	- - Cuts and offal, frozen:
	0207.14.10 to 0207.14.30.200	- - - XXX
		- - - Other:
	0207.14.91	- - - - Mechanically deboned or separated meat	5	40
	0207.14.99 to 0207.14.99.200	- - - - X X X
		- Of turkeys:
	0207.24.00 to 0207.26.00.200	- - X X X
	0207.27	- - Cuts and offal, frozen:
	0207.27.10 to 0207.27.10.200	- - - X X X
		- - - Other:
	0207.27.91	- - - - Mechanically deboned or separated meat:
	0207.27.91.100	- - - - - In-Quota	5	30
	0207.27.91.200	- - - - - Out-Quota	5	40
	0207.27.99 to 0207.27.99.200	- - - - X X X
		- X X X:
	0207.41.00 to 0207.60.40.200	- - X X X

 

 

 

Published in the Official Gazette, Vol. 119, No. 5, p. 871 on January 30, 2023.