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Executive Orders

Amending Section 1 Of Executive Order No. 214 (S. 2003) And Imposing The Applicable Tariff Rates Under The Asean Trade In Goods Agreement On Qualified Imports From Special Economic And/or Freeport Zones

Executive Order No. 148

MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER No. 148

AMENDING SECTION 1 OF EXECUTIVE ORDER NO. 214 (S. 2003) AND IMPOSING THE APPLICABLE TARIFF RATES UNDER THE ASEAN TRADE IN GOODS AGREEMENT ON QUALIFIED IMPORTS FROM SPECIAL ECONOMIC AND/OR FREEPORT ZONES

WHEREAS, the Association of Southeast Asian Nations (ASEAN) signed in 1992 the Agreement on the Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade Area (AFTA) to eliminate tariff barriers among its Member States;

WHEREAS, Executive Order (EO) No. 214 provides that products manufactured in ecozones, where at least 40% of their product content originates from any ASEAN Member State and is sold in the Philippine customs territory, shall be imposed the applicable CEPT rates on its qualified imported raw materials, subject to qualification under the Rules of Origin as provided for in the Agreement on the CEPT Scheme for the AFTA;

WHEREAS, the ASEAN Trade in Goods Agreement (ATIGA), ratified by the Philippines on 11 August 2009, consolidated all existing provisions under the CEPT Agreement and...

Summary of Executive Order No. 148

Amending Section 1 of Executive Order No. 214 and Imposing Applicable Tariff Rates under the ASEAN Trade in Goods Agreement on Qualified Imports from Special Economic and/or Freeport Zones

- Background:
    - The ASEAN signed the Agreement on the Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade Area (AFTA) in 1992 to eliminate tariff barriers among its Member States. (Preamble)
    - Executive Order (EO) No. 214 provided that products manufactured in ecozones, where at least 40% of their product content originates from any ASEAN Member State and is sold in the Philippine customs territory, shall be imposed the applicable CEPT rates on its qualified imported raw materials, subject to qualification under the Rules of Origin as provided for in the Agreement on the CEPT Scheme for the AFTA. (Preamble)
    - The ASEAN Trade in Goods Agreement (ATIGA), ratified by the Philippines on 11 August 2009, consolidated all existing provisions under the CEPT Agreement and other relevant ASEAN economic agreements and instruments. (Preamble)
    - EO No. 850 (s. 2009), which took effect on 01 January 2010, was issued to implement the commitment to eliminate the tariff rates on the remaining products in the Inclusion List in the year 2010 under the CEPT Scheme for the AFTA/ATIGA. (Preamble)

- Provisions:
    - Section 1: Amends Section 1 of EO No. 214 to state that products manufactured in qualified special economic and/or freeport zones that enter the Philippine customs territory and qualify under the applicable rules of ASEAN Trade in Goods Agreement (ATIGA) Rules of Origin shall be entitled to the preferential rate of duty under ATIGA applicable to its raw materials based on the value of such raw materials, subject to applicable provisions of the laws governing such special economic and/or freeport zones. (Section 1)
    - Section 2: The Department of Trade and Industry (DTI), Department of Finance (DOF), Board of Investments (BOI), Bureau of Customs (BOC), and the Special Economic and/or Freeport Zone Authorities, in coordination with relevant agencies, shall issue such rules and regulations as may be necessary to implement the provisions of this Order within thirty (30) days following the complete publication of this Order. (Section 2)
    - Section 3: All issuances, orders, rules and regulations, or parts thereof, which are inconsistent with this Order are hereby repealed, amended or modified accordingly. (Section 3)
    - Section 4: If any provision of this Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting. (Section 4)
    - Section 5: This Order shall take effect immediately upon publication in a newspaper of general publication. (Section 5)

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