Title
Modifying Duty Rates for ASEAN-China Trade
Law
Executive Order No. 72
Decision Date
Apr 16, 2012
President Benigno S. Aquino III's Executive Order No. 72 modifies import duty rates on certain products to align with the Philippines' commitments under the ASEAN-China Free Trade Area, facilitating the transfer of specific tariff lines from the Sensitive List to the Normal Track.
A

Q&A (EXECUTIVE ORDER NO. 72)

Section 402 of the Tariff and Customs Code of the Philippines, as amended, authorizes the President, upon the recommendation of NEDA, to modify import duties and other import restrictions to promote foreign trade.

The Sensitive Track refers to tariff lines with higher protection or tariffs, while the Normal Track applies lower ACFTA tariff rates. The order authorizes the transfer of certain tariff lines from the Sensitive Track to the Normal Track.

Annex A lists articles subject to reduced tariff rates under the Sensitive List, while Annex B lists articles transferred from the Sensitive Track to the Normal Track with applicable ACFTA tariff rates.

Submission of the proper Certificate of Origin (CO) Form E is required to apply the ACFTA tariff rates for China and the ASEAN 9 countries.

The rates of duty prescribed in Annexes A and B apply to articles entered or withdrawn from warehouses for consumption, subject to compliance with Rules of Origin provided in Article 5 of the TIG Agreement.

The Philippines reserves the right to invoke trade remedy measures under its laws, the TIG Agreement, and other international agreements as a device against import surges.

All inconsistent issuances, orders, rules, regulations, or parts thereof are repealed, amended, or modified accordingly as stated in the Repealing Clause.

If any provision is declared invalid or unconstitutional, the other provisions remain valid and subsisting, ensuring the order's stability despite partial invalidity.

It took effect immediately upon publication in a newspaper of general circulation.


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