BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 25
MODIFYING THE RATES OF DUTY ON CERTAIN IMPORTED ARTICLES AS PROVIDED FOR UNDER THE TARIFF AND CUSTOMS CODE OF 1978 (PRESIDENTIAL DECREE NO. 1464), AS AMENDED, IN ORDER TO IMPLEMENT THE COMMITMENTS IN THE AGREEMENT ON TRADE IN GOODS UNDER THE FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC COOPERATION BETWEEN THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) AND THE REPUBLIC OF INDIA
WHEREAS, the Framework Agreement Establishing A Comprehensive Economic Cooperation between the ASEAN and the Republic of India (Framework Agreement) was signed by the Heads of Government/State of ASEAN Member States and the Republic of India on 08 October 2003 in Bali, Indonesia, while the Protocol to Amend the Framework Agreement on Comprehensive Economic Cooperation between the ASEAN and the Republic of India was signed by the Economic Ministers on 13 August 2009 in Bangkok, Thailand;
WHEREAS, the Agreement on Trade in Goods under the Framework Agreement was signed on 24 October 2009 in Cha-am, Phetchaburi, Thailand;
WHEREAS, Parties to the Agreement on Trade in Goods share the view that the Agreement will minimize barriers, deepen economic linkages, lower business costs, increase intra-regional trade and investment, increase economic efficiency, create a larger market with greater opportunities, larger economies of scale and enhance the attractiveness to capital and talent;
WHEREAS, the President of the Philippines ratified the Agreement on Trade in Goods on 27 April 2010;
WHEREAS, Article 4 of the Agreement on Trade in Goods provides that each Party shall gradually liberalise, where applicable, applied MFN tariff rates on originating goods of the other Parties in accordance with its schedule of tariff commitments as set out in Annex 1 thereof;
WHEREAS, Section 402 of the Tariff and Customs Code of 1978, as amended, empowers the President of the Republic of the Philippines, upon the recommendation of the National Economic and Development Authority, to modify import duties for the promotion of foreign trade.
NOW, THEREFORE, I, BENIGNO S. AQUINO III, 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 the Annex hereof [Articles Granted Concessions under the ASEAN-India Free Trade Area (AIFTA)], and accompanied by the proper Certificate of Origin (CO) Form AI shall be subject to the rates of import duty as indicated in Columns 4-19 of said Annex.
SECTION 2. For the Republic of India and the ASEAN 9 (i.e., Brunei Darussalam, Kingdom of Cambodia, the Republic of Indonesia, Lao People’s Democratic Republic, Malaysia, Union of Myanmar, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam) the applicable rate shall be the AIFTA preferential tariff, subject to the submission of the proper CO Form AI. Pursuant to Section 1313(a) of the Tariff and Customs Code of the Philippines, as amended, the Tariff Commission may, upon request, issue tariff classification rulings to confirm the applicable rates of duty of particular products covered by this Executive Order.
SECTION 3. 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 domestic consumption shall be imposed with the rates of duty therein prescribed, subject to compliance with the Rules of Origin as provided for in Article 7 of the Agreement on Trade in Goods.
SECTION 4. Nothing in this Executive Order shall preclude the Philippines from invoking its right of recourse to all trade remedy measures provided for in its laws, this Agreement and relevant international agreements as an effective device against possibly injurious import surges.
SECTION 5. 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, shall remain in force and effect.
SECTION 6. All other Presidential issuances, administrative rules and regulations, or parts thereof, which are inconsistent with this Executive Order are hereby revoked or modified accordingly.
SECTION 7. This Executive Order shall take effect after fifteen (15) days following its complete publication in the Official Gazette or in a newspaper of general circulation.
Done in the City of Manila, this 10th day of February in the year of Our Lord Two Thousand and Eleven.
(Sgd.) BENIGNO S. AQUINO III
By the President:
(Sgd.) PAQUITO N. OCHOA, JR.