Amending Executive Order No. 153, Series of 1994, Entitled "Modifying the Rates of Duty on Certain Imported Articles as Provided Under the Tariff and Customs Code of 1978, as Amended, in Order To Implement the Minimum Ninety Per Centum (90%) Margin of Preference on Certain Products Included in the Nestle Asean Industrial Joint Venture (Aijv) Projects, as Provided For in Article Iii, Paragraph 1 of the Revised Basic Agreement on Aijv"

Case Overview and Summary

This Executive Order amends Executive Order No. 153 to rectify omissions and typographical errors in the implementation of the minimum 90% margin of preference on certain products included in the Nestle ASEAN Industrial Joint Venture (AIJV) Projects.

Key Provisions:

- Amends the fourth WHEREAS clause to correctly state the commercial production start dates for non-dairy creamer, "Smarties" chocolate dragees, "Kitkat" chocolate wafers, and soya-based milk powder by Nestle ASEAN companies in Thailand, Malaysia, and Indonesia respectively. (Section 1)

- Amends Section 1 to clarify that the articles listed in Annex "A" shall be accorded a minimum 90% margin of preference (MOP) and subject to the AIJV Preferential Tariff rates specified in columns 9-13 of Annex "A". (Section 2)

- Replaces Annex "A" with a corrected version listing the following products, their HS codes, rates of duty, MOP percentages, and applicable AIJV Preferential Tariff rates for specific dates:
• Chocolate dragees (ex 1909.90 00): 50% duty rate, 80% MOP, 50% preferential tariff from 1 Nov 1993 to 1 Jan 1995. (Annex "A")
• Soya-based milk powder (1901.90 10): 10% duty rate, 90% MOP, 10% preferential tariff from 1 Nov 1993 to 1 Jan 1995. (Annex "A")
• Chocolate wafers (ex 1905.30 00): Duty rates of 40% (1 July 1993), 35% (1 Dec 1993), 30% (1 Jan 1994); 80% MOP; Preferential tariff rates of 40% (1 Nov 1993), 40% (1 Dec 1993), 35% (1 Jan 1994), 30% (1 Jan 1995). (Annex "A")
• Non-dairy creamer (ex 2106.90 90): Duty rates of 40% (1 July 1993), 35% (1 Dec 1993), 30% (1 Jan 1994); 90% MOP; Preferential tariff rates of 40% (1 Nov 1993), 40% (1 Dec 1993), 35% (1 Jan 1994), 30% (1 Jan 1995). (Annex "A")

- States that the Executive Order takes effect immediately. (Section 4)