Executive Order No. 263, issued on December 30, 2003, modifies the import duty rates for certain agricultural products in the Philippines to implement the transition of sensitive products to the Common Effective Preferential Tariff (CEPT) inclusion list. This order reflects commitments made by ASEAN member states to phase in sensitive products under the CEPT framework, with specific tariff rates set for various items, including meats, maize, and starches, applicable from 2003 to 2005. It empowers the President to adjust import duties based on recommendations from the National Economic and Development Authority (NEDA) and ensures that any subsequent reductions in duty rates will automatically apply to the listed products. The Executive Order takes effect immediately following its publication in two newspapers of general circulation.
December 30, 2003
EXECUTIVE ORDER NO. 263
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 TRANSFER OF THE LAST TRANCHÉ OF PRODUCTS FROM THE AGRICULTURAL PRODUCT SENSITIVE LIST (SL) TO THE COMMON EFFECTIVE PREFERENTIAL TARIFF INCLUSION LIST (CEPT-IL) AND THE MODIFICATION OF THE CEPT RATE ON OIL CAKE AND OTHER SOLID RESIDUES OF MAIZE (CORN) GERM, SODIUM TRIPOLYPHOSPHATES AND CASSAVA STARCH
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; HCEaDI
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 not 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 and approved the modification of the CEPT rate on oil cake and other residues of maize (corn) germ, sodium tripolyphosphates and cassava starch, respectively;
WHEREAS, Section 402 of the Tariff and Customs Code of 1978 (Presidential Decree No. 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 2003-2005 schedule indicated in Columns 4-6 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. The articles specifically listed in Annex "B" hereof (Articles Granted Concessions 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 indicated in Column 4 of Annex "B". 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 3. In the event that any subsequent changes are made in the basic (Most Favored Nation) Philippine rate of duty on any of the articles listed in Annexes "A" and "B" to a rate lower than the rate prescribed in Columns 4-6 of Annex "A" and Column 4 of Annex "B", such articles shall automatically be accorded the corresponding reduced duty.
SECTION 4. From the date of effectivity of this Order, all articles listed in Annexes "A" and "B" 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 5. 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 6. 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 30th day of December, in the year of Our Lord, Two Thousand and Three.
Published in the Manila Times and Today on January 10, 2004.
Annex "A"
SENSITIVE PRODUCTS GRANTED CONCESSION
UNDER THE COMMON EFFECTIVE PREFERENTIAL TARIFF (CEPT) FOR THE ASEAN FREE TRADE AREA (AFTA)
|
APPLICABLE ASEAN RATE (%)
|
|||||
| HDG. NO. | CODE HS | DESCRIPTION |
2003
|
2004
|
2005
|
|
(1)
|
(2)
|
(3) |
(4)
|
(5)
|
(6)
|
|
02.03
|
Meat of swine, fresh, chilled or frozen | ||||
| - Fresh or chilled: | |||||
| 0203.11 | - - - Carcasses and half-carcasses: | ||||
| 0203.11 10 | - - - In-Quota |
30
|
30
|
30
|
|
| 0203.11 20 | - - - Out-Quota |
40
|
40
|
40
|
|
| 0203.12 | - - Hams, shoulders and cuts thereof with bone in |
30
|
30
|
30
|
|
| 0203.22 10 | - - - In-Quota | ||||
| 0203.22 20 | - - - Out-Quota |
40
|
40
|
40
|
|
| 0203.29 | - - Other. | ||||
| 0203.29 10 | - - - Pork bellies. | ||||
| 0203.29 11 | - - - - In-Quota |
30
|
30
|
30
|
|
| 0203.29 12 | - - - - Out-Quota |
40
|
40
|
40
|
|
| 0201.29 20 | - - - Fore-ends and cuts thereof: | ||||
| 0203.29 21 | - - - - In-Quota |
30
|
30
|
30
|
|
| 0203.29 22 | - - - - Out-Quota |
40
|
40
|
40
|
|
| 0203.29 90 | - - - Other | ||||
| 0203.29 91 | - - - - In-Quota |
30
|
30
|
30
|
|
| 0203.29 92 | - - - - Out-Quota |
40
|
40
|
40
|
|
|
02.07
|
Meat and edible offal, of the poultry of heading No. 01.05, fresh, chilled or frozen | ||||
| - Of fowls of the species Gallus domesticus: | |||||
| 0207.11 | - - Not cut in pieces, fresh or chilled. | ||||
| 0207.11 10 | - - - In-Quota |
40
|
40
|
40
|
|
| 0207.11 20 | - - - Out-Quota |
40
|
40
|
40
|
|
| 0207.12 | - - Not cut in pieces, frozen: | ||||
| 0207.12 10 | - - - In-Quota |
40
|
40
|
40
|
|
| 0207.12 20 | - - - Out-Quota |
40
|
40
|
40
|
|
| 0207.13 | - - Cuts and offal, fresh or chilled: | ||||
| 0207.13 10 | - - - In-Quota |
40
|
40
|
40
|
|
| 0207.13 20 | - - - Out-Quota |
40
|
40
|
40
|
|
| 0207.14 | - - Cuts and offal, frozen: | ||||
| 0207.14 10 | - - - Liver: | ||||
| 0207.14 11 | - - - - In-Quota |
40
|
40
|
40
|
|
| 0207.14 12 | - - - - Out-Quota |
40
|
40
|
40
|
|
| 0207.14 90 | - - - Other. | ||||
| 0207.14 91 | - - - - In-Quota |
40
|
40
|
40
|
|
| 0207.14 92 | - - - - Out-Quota |
40
|
40
|
40
|
|
| 0207.27 | - - Cuts and offal, frozen. | ||||
| 0207.27 10 | - - - Liver | ||||
| 0207.27 11 | - - - - In-Quota |
40
|
40
|
40
|
|
| 0207.27 12 | - - - - Out-Quota |
40
|
40
|
40
|
|
| 0207.27 90 | - - - Other. | ||||
| 0207.27 91 | - - - - In-Quota |
30
|
30
|
30
|
|
| 0207.27 92 | - - - - Out-Quota |
40
|
40
|
40
|
|
| - Of ducks, geese or guinea fowls. | |||||
| 0207.32 | - - Not cut in pieces, fresh or chilled | ||||
| 0207.32 10 | - - - Of ducks. | ||||
| 0207.32 11 | - - - - In-Quota |
40
|
40
|
40
|
|
| 0207.32 12 | - - - - Out-Quota |
40
|
40
|
40
|
|
| 0207.32 20 | - - - Of geese or guinea fowls. | ||||
| 0207.32 21 | - - - - In-Quota |
30
|
30
|
30
|
|
| 0207.32 22 | - - - - Out-Quota |
40
|
40
|
40
|
|
| 0207.35 | - - Other, fresh or chilled. | ||||
| 0207.35 10 | - - - In-Quota |
40
|
40
|
40
|
|
| 0207.35 20 | - - - Out-Quota |
40
|
40
|
40
|
|
| 0207.36 | - - Other, frozen | ||||
| 0207.36 10 | - - - Fatty livers: |
40
|
40
|
40
|
|
| 0207.36 11 | - - - - In-Quota | ||||
| 0207.36 12 | - - - - Out-Quota |
40
|
40
|
40
|
|
|
10.05
|
Maize (corn) | ||||
| 1005.90 | - Other | ||||
| 1005.90 90 | - - - Other | ||||
| 1005.90 91 | - - - - In-Quota |
35
|
35
|
35
|
|
| 1005.90 92 | - - - - Out-Quota |
50
|
50
|
50
|
Annex "B"
ARTICLES GRANTED CONCESSION UNDER
THE COMMON EFFECTIVE PREFERENTIAL TARIFF (CEPT) SCHEME FOR THE ASEAN FREE TRADE AREA (AFTA)
|
HS Heading
|
HS Code
|
Description
|
Applicable
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
11.08
|
Starches; inulin. | ||
| - Starches: | |||
|
1108.14 00
|
- - Manioc (cassava) starch |
5
|
|
|
23.06
|
Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetable fats or oils, other than those of heading 23.04 or 23.05. | ||
|
2306.70 00
|
- Of maize (corn) germ |
5
|
|
|
28.35
|
Phosphinates (hypophosphites), phosphonates (phosphites) and phosphates; polyphosphates, whether or not chemically defined. | ||
| - Polyphosphates: | |||
|
2835.31 00
|
- - Sodium triphosphate (sodium tripolyphosphate) |
5
|
Modifying the Rates of Duty on Certain Imported Articles Re: Common Effective Preferential Tariff Inclusion List, Executive Order No. 263, Dec 30, 2003 (Philippines)
Modifying the Rates of Duty on Certain Imported Articles Re: Common Effective Preferential Tariff Inclusion List, Executive Order No. 263 (Phil. 2003)
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