Question & AnswerQ&A (EXECUTIVE ORDER NO. 851)
The Economic Ministers of ASEAN, Australia, and New Zealand signed the AANZFTA Agreement on February 27, 2009, in Cha-am, Phetchaburi, Thailand.
The President of the Philippines ratified the AANZFTA Agreement on October 21, 2009.
The President modifies import duties under Section 402 of the Tariff and Customs Code of 1978, as amended, which empowers the President, upon recommendation of the National Economic and Development Authority (NEDA), to modify import duties for the promotion of foreign trade.
Imported articles must be accompanied by the proper Certificate of Origin (CO) Form AANZ to avail of the preferential tariff rates under AANZFTA.
The ASEAN 9 countries include Brunei Darussalam, Cambodia, Indonesia, Lao People's Democratic Republic, Malaysia, Myanmar, Singapore, Thailand, and Viet Nam.
Section 1313(a) allows the Tariff Commission, upon request, to issue tariff classification rulings to confirm the applicable rates of duty of particular products covered by Executive Order No. 851.
The rates of duty took effect on January 1, 2010, following its complete publication in the Official Gazette or a national newspaper of general circulation.
Yes, it explicitly states that the Philippines can invoke its right to all trade remedy measures provided in its laws, the AANZFTA Agreement, and relevant international agreements against import surges.
The Executive Order’s provisions are declared separable, meaning that if any provision is invalid or unconstitutional, the other provisions not affected remain in full force and effect.