Question & AnswerQ&A (EXECUTIVE ORDER NO. 485)
Executive Order No. 485 is titled "Modifying the Rates of Duty on Certain Imported Articles" and aims to implement the zero percent tariff rates on certain products under the Early Harvest Programme of the ASEAN-China Free Trade Area, as provided under the Tariff and Customs Code of 1978, as amended.
It was signed on December 29, 2005, by then President Gloria Macapagal-Arroyo.
It implements the Early Harvest Programme under the Framework Agreement on Comprehensive Economic Cooperation between ASEAN Member States and China, signed on November 4, 2002.
The Early Harvest Programme is an integral part of the ASEAN-China Free Trade Area, aiming at the elimination or reduction of tariffs on certain products within agreed timeframes, before the full trade agreement comes into effect.
The MOU signed on April 27, 2005, between the Philippines and China agreed to eliminate tariffs on certain products by January 1, 2006, under the Early Harvest Programme.
The President exercises this power under Section 402 of the Tariff and Customs Code of 1978 (PD 1464), as amended, which allows modification of import duties upon recommendation by the National Economic and Development Authority.
Annex 'Aa' lists the articles granted concession under the Early Harvest Programme of ASEAN-China Free Trade Area, and Annex 'Ba' lists specific products granted concessions pursuant to Article 6(3)(a)(iii) of the Framework Agreement.
They take effect immediately upon complete publication in two newspapers of general circulation in the Philippines.
The articles must be imported from parties to the Framework Agreement applying tariff concessions to the same products and must comply with the Rules of Origin as provided in Article 5 of the Agreement on Trade in Goods of the Framework Agreement signed on November 29, 2004.
They are repealed or modified accordingly to align with the provisions of this Executive Order.