Modifying The Most-Favoured-Nation (MFN) Rates Of Duty On Certain Agricultural Products Under The Tariff And Customs Code Of The Philippines...Good Law
BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER No. 190, November 05, 2015 ]
MODIFYING THE MOST-FAVOURED-NATION (MFN) RATES OF DUTY ON CERTAIN AGRICULTURAL PRODUCTS UNDER THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES (TCCP), AS AMENDED, IN ORDER TO IMPLEMENT THE PHILIPPINE TARIFF COMMITMENTS UNDER THE WORLD TRADE ORGANIZATION DECISION ON WAIVER RELATING TO SPECIAL TREATMENT FOR RICE OF THE PHILIPPINES
WHEREAS, the World Trade Organization (WTO) Agreement on Agriculture ("Agreement") embodies the multilateral trading rules governing "agriculture;"
WHEREAS, the Philippine government secured "Special Treatment" for rice under Article 4.2 and Section B of Annex 5 of the Agreement which temporarily permitted the country to impose quantitative restrictions in the importation of rice;
WHEREAS, the Special Treatment expired on 30 June 2012 as scheduled in the Rectification and Modification of Schedule LXXV - Republic of the Philippines contained in the WTO documents G/MA/TAR/RS/99/Rev.1 dated 27 September 2006 and WT/Let/562 on 08 February 2007;
WHEREAS, the Special Treatment has been reinstated up to 30 June 2017 by virtue of the WTO Decision on Waiver Relating to Special Treatment for Rice of the Philippines ("Waiver") contained in WTO document WT/L/42 dated 24 July 2014;
WHEREAS, paragraphs 2-8 of the Waiver also embody the terms and conditions including the concessions in rice contained in its "Annex A" and the other concessions to reduce the Most Favoured Nation (MFN) rates of duty on certain agricultural products;
WHEREAS, Section 401 of the TCCP, as amended, authorizes the President of the Philippines, upon the recommendation of National Economic and Development Authority (NEDA), to modify import duties as required or as appropriate; and
WHEREAS, the NEDA Board, during its meeting on 16 February 2015 approved the tariff modification schedule on certain agricultural products.
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. Rates for Articles in Annexes A and B. From the date of effectivity of this Executive Order, the articles specifically listed in Annexes A and B hereof, as classified under Section 104 of the TCCP, as amended, which are entered or withdrawn from warehouses in the Philippines shall be subject to the MFN rates of inn port duty indicated in Column 4 of said Annexes.
SECTION 2. Rates for Articles in Annexes A and B upon the Expiration of the Waiver. The concession entered by the Philippine government shall cease to exist upon the expiration of the Waiver. The MFN rates of duty as provided for in Column 5 of Annexes A and B shall then apply.
SECTION 3. Articles represented with XXX. The Nomenclature and the rates of import duty on tariff headings not enumerated and those listed but represented by the symbol XXX shall remain in force and in effect.
SECTION 4. Repeal. 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 5. Separability. If any provision of this Executive Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.
SECTION 6. Effectivity. This Executive Order shall take effect immediately following its complete publication in the Official Gazette or in a newspaper of general circulation in the Philippines.
DONE, in the City of Manila, this 5th day of November in the year of Our Lord, Two Thousand and Fifteen.
(Sgd.) BENIGNO S. AQUINO, III
By the President:
(SGD.) PAQUITO N. OCHOA, JR.