QuestionsQuestions (EXECUTIVE ORDER NO. 169)
Executive Order No. 833 was issued pursuant to the power vested in the President by Article 46(d) of Presidential Decree (P.D.) No. 1789, the Omnibus Investment Code, upon recommendation of the Board of Investments (BOI).
It certifies and orders that the production in the Philippines of fiberglass insulating materials, as a preferred pioneer industry, shall be entitled to post-operative tariff protection by increasing tariff rates on similar imported products.
In the EO’s context, it refers to an industry type recognized under the investment incentives framework as a preferred pioneer activity, making it eligible for protection measures such as post-operative tariff protection.
ACI FIBERGLASS (PHILS.), INC. is specifically referenced as a BOI-registered pioneer enterprise operating on a commercial scale.
The mechanism is the increase of tariff rates of imported fiberglass/glass wool insulating products that are similar to those manufactured or produced by the referenced pioneer enterprise.
Imported mineral wool/heat-insulating or sound-insulating mineral materials (Heading 68.07) and glass fiber (including wool) and related yarns, fabrics, and articles made therefrom (Heading 70.20) are affected.
For panels and boards made of mineral wool: 1983–1985 = 40% ad valorem; 1986 = 30% ad valorem; 1987 = 20% ad valorem.
For others under Heading 68.07: 1983–1985 = 20% ad valorem; 1986 = 20% ad valorem; 1987 = 20% ad valorem.
For Glass fibre (including wool): 1983–1985 = 30% ad valorem; 1986 = 30% ad valorem; 1987 = 30% ad valorem. For others under Heading 70.20: 1983–1985 = 40% ad valorem; 1986 = 30% ad valorem; 1987 = 30% ad valorem.
EO 833 provides a “present” rate of duty and a recommended schedule of tariff rates to apply effective on or after January 1 for the years 1983–1985, 1986, and 1987.
Section 3 provides that any unwarranted increase in prices of local products benefited by the tariff changes is ground for modification of the post-operative tariff rates.
The Board of Investments must make proper representations with the Tariff Commission for appropriate action in accordance with Section 401 of the Tariff and Customs Code.
It repeals all Orders, Rules, and Regulations, or parts thereof, inconsistent with EO 833.
It indicates that the listed articles are classified under Section 104 of P.D. No. 1464 (as amended), and therefore the specific tariff headings and descriptions are anchored on that classification framework.
The BOI must make the proper representations with the Tariff Commission for appropriate action.
It is designed to protect local pioneer industries after they begin operations, allowing them time to compete against imported similar products through higher import duties.
The recommended tariff schedule applies on or after January 1 for the years specified: 1983–1985, 1986, and 1987.