QuestionsQuestions (Republic Act No. 8369)
It modifies the nomenclature and adjusts the rates of import duty on certain imported articles under Section 104 of the Tariff and Customs Code of 1978 to continue tariff rationalization—promoting global competitiveness, simplifying tariff structure, correcting distortions, and smoothing the tariff reduction schedule without delaying uniform tariff protection by 2004.
It states that the articles specifically listed in the Annex are subject to the import duty rates shown opposite each article on the schedule indicated in the annex.
“Nomenclature” refers to the classification labels/identification of goods under the tariff nomenclature. Practically, it affects the customs classification of goods and therefore the applicable tariff rates listed in the annex.
Upon effectivity of the EO, the listed articles that are entered or withdrawn from warehouses in the Philippines for consumption shall be levied the rates of duty prescribed in the EO.
They indicate the customs trigger for liability: duty is assessed using the new rates when goods are actually entered for consumption or withdrawn from customs/bonded warehouses for consumption after the EO’s effectivity.
Section 3 revokes or modifies EO 264 (s. 1995) and all other presidential issuances, rules, and regulations, or parts thereof, that are inconsistent with EO 465.
Executive Order No. 264 (s. 1995).
It takes effect immediately following its complete publication in two (2) newspapers of general circulation in the Philippines.
No. The recitals state that recalibration shall not serve to delay or obviate attainment of uniform tariff protection by the year 2004.
It references a phased tariff reduction determined up to 2000. EO 465 requires a review and recalibration to correct remaining distortions and smooth the pace of tariff reduction to deserving industries.
It states that during the Competitive Caucus held on 4 July 1997, in consideration of domestic and international economic developments, it was agreed to review the phased tariff reduction schedule referenced in the EO.
It ties the tariff modifications to the specific statutory authority under the Tariff and Customs Code governing rates of import duty for specified articles/classifications.
Section 2 applies the new rates to articles entered or withdrawn for consumption upon effectivity of the EO; thus, goods that were already withdrawn/entered for consumption before effectivity would generally be assessed under the previous duty rates applicable at that time.
They should note that EO 465’s effectivity depends on complete publication in two newspapers of general circulation, making publication a condition for enforceability against the public.
By simplifying the tariff structure and providing a clearer, rationalized set of duty rates for specifically listed imported articles, it supports streamlined customs classification and assessment consistent with the annexed schedule.