PROVIDING FOR THE TARIFF NOMENCLATURE AND IMPLEMENTING THE RATES OF IMPORT DUTIES ON CERTAIN IMPORTED ARTICLES

EXECUTIVE ORDER No. 461

PROVIDING FOR THE TARIFF NOMENCLATURE AND IMPLEMENTING THE RATES OF IMPORT DUTIES ON CERTAIN IMPORTED ARTICLES UNDER SECTION 401 OF THE TARIFF AND CUSTOMS CODE OF 1978 (PRESIDENTIAL DECREE 1464). AS AMENDED

WHEREAS, pursuant to Republic Act No. 8180 entitled "An Act Deregulating the Downstream Oil Industry and for Other Purposes," Executive Order No. 365 was issued providing for tariff duties of three percent (3%) and seven percent (7%) on imported crude oil and refined petroleum products, respectively, except fuel oil and LPG, the rate of which is the same as that for imported crude oil;

WHEREAS, the Supreme Court has declared, with finality, Republic Act No. 8180 as unconstitutional;

WHEREAS, Sections 104 and 401 of the Tariff and Customs Code of 1978 (Presidential Decree No. 1464), as amended, empower the President upon the recommendation of the National Economic and Development Authority, to increase, reduce or remove existing protective rates of import duty, as well as to modify the form of duty;

NOW, THEREFORE, I, FIDEL V. RAMOS, President...

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EXECUTIVE ORDER No. 461

Tariff Nomenclature and Import Duty Rates on Certain Imported Articles

- Provides tariff duties on imported crude oil and refined petroleum products pursuant to Section 401 of the Tariff and Customs Code of 1978 (Presidential Decree 1464), as amended.
(Section 1)

- Articles listed in Annex "A" classified under Section 104 of the Tariff and Customs Code shall be levied the specified rates of import duty.
(Section 1)

• Heading 27.09 - Petroleum oils and oils obtained from bituminous minerals, crude: 3% duty rate from 1998 to 2000. (Annex A)
• Heading 27.10 - Petroleum oils and oils obtained from bituminous minerals, other than crude: 3% duty rate. (Annex A)
  - Subheadings include propylene tetramer, carbon black feedstock oil, fuel oils, lubricating oils, naphtha, low aromatic solvents, gas oils, kerosene, motor gasoline, and other oils and preparations.
• Heading 27.11 - Petroleum gases and other gaseous hydrocarbons: (Annex A)
  - Natural gas: 10% duty rate
  - Propane, butanes, ethylene, propylene, butylene, butadiene: 3% duty rate
• Heading 27.12 - Petroleum jelly, paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes: 3% duty rate. (Annex A)
• Heading 27.13 - Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals: 3% duty rate. (Annex A)

- Tariff headings not enumerated and those represented by "xxx" remain in force and effect.
(Section 2)

- Articles listed in Annex "A" entered or withdrawn from warehouses for consumption shall be levied the prescribed duty rates upon effectivity.
(Section 3)

- Inconsistent presidential issuances, rules and regulations are repealed or modified accordingly.
(Section 4)

- Effective immediately after publication in two newspapers of general circulation.
(Section 5)