Modifying The Rates Of Duty On Certain Imported Articles As Provided For Under The Tariff And Customs Code Of The Philippines (TCCP), As Amended, In Order To Implement The Philippine Tariff Commitments On Certain Products Included In The Highly Sensitive List Under The Association Of Southeast Asean Nations (ASEAN) – China Free Trade Area (ACFTA)

MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER No. 71

MODIFYING THE RATES OF DUTY ON CERTAIN IMPORTED ARTICLES AS PROVIDED FOR UNDER THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES (TCCP), AS AMENDED, IN ORDER TO IMPLEMENT THE PHILIPPINE TARIFF COMMITMENTS ON CERTAIN PRODUCTS INCLUDED IN THE HIGHLY SENSITIVE LIST UNDER THE ASSOCIATION OF SOUTHEAST ASEAN NATIONS (ASEAN) – CHINA FREE TRADE AREA (ACFTA)

WHEREAS, the ASEAN Member States and the People’s Republic of China (“The Parties”) signed the Framework Agreement on Comprehensive Economic Co-Operation (“Framework Agreement”) on 04 November 2002 in Cambodia;

WHEREAS, Articles 2(a), 3(1) and 8(1) of the Framework Agreement reflect the Parties’ commitment to establish the ACFTA covering trade in goods by 2010 for the ASEAN 6 (Brunei Darussalam, Indonesia, Malaysia, the Philippines, Singapore and Thailand) and China, and by 2015 for the newer ASEAN Member States of Cambodia, Lao PDR, Myanmar and Viet Nam;

WHEREAS, to achieve the objective of the Framework Agreement, the Agreement on Trade in Goods (TIG) or the “TIG Agreement” was...

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Summary of Executive Order No. 71

Modifying Tariff Rates on Certain Imported Articles
- Implements the Philippine tariff commitments on certain products included in the Highly Sensitive List under the ASEAN-China Free Trade Area (ACFTA) [Section 1]
- Articles listed in the Annex shall be subject to the rates of import duty indicated in Column 4 of the Annex [Section 1]

Applicable ACFTA Rate
- For China and ASEAN 9 countries, the applicable rate is the ACFTA rate subject to submission of proper Certificate of Origin (CO) Form E [Section 2]
- Tariff Commission may issue tariff classification rulings to confirm applicable rates [Section 2]

Rules of Origin
- Articles in the Annex are subject to compliance with the Rules of Origin as provided in Article 5 of the Trade in Goods (TIG) Agreement [Section 3]

Right of Recourse
- The Philippines may invoke its right to trade remedy measures against import surges [Section 4]

Repealing Clause
- Inconsistent issuances, orders, rules and regulations are repealed, amended or modified [Section 5]

Separability Clause
- If any provision is declared invalid, other provisions remain valid [Section 6]

Effectivity Clause
- The Executive Order takes effect immediately upon publication in a newspaper of general publication [Section 7]