Amending Bulk Milk Import Container Definition

Executive Order No. 213 is issued by Corazon C. Aquino, President of the Philippines (Executive Order No. 213, July 10, 1987).
Executive Order No. 213 implements the intent under Executive Order No. 49 to grant lower tariff rates for milk imported in bulk containers compared with milk imported in retail containers.
Executive Order No. 213 establishes that prior bulk-container criteria under Executive Order No. 49 used a gross weight of at least 25 kgs.
Executive Order No. 213 recognizes that Philippine standards on radioactive contamination require the milk industry to seek alternative supply sources, including the United States, which packs milk at 50 lbs. (about 22.7 kgs.).
Executive Order No. 213 therefore adjusts the gross-weight threshold for “bulk containers” for milk imports.

Section 1 amends the definition of “Bulk Containers” for milk imports under Executive Order No. 49.
Section 1 provides that milk imports are classified for duty purposes under Tariff/HS headings shown in the amended listing.
For Milk and cream, preserved, concentrated or sweetened under Hdg. No. 04.02, the amended duty listing is set out as 100 x x x x 200.
For Milk (other than whey), in powder or granules containing not more than 1.5% by weight of fat, under Hdg. No. 210, the amended bulk-container rule applies:
- In bulk containers of gross weight 20 kgs. or more, the duty rate is ad val. 10% (Section 1).

Section 2 provides that upon the effectivity of Executive Order No. 213, the prescribed article and its duty treatment apply to entries and withdrawals from warehouses in the Philippines for consumption.
Section 2 directs that such imported article shall be subject to the rate of import duty prescribed in Section 1 once Executive Order No. 213 becomes effective.
Section 2 ties application to the importation process step: entry or withdrawal from warehouses in the Philippines for consumption.

Section 3 preserves the existing import duty rates and classifications under Executive Order No. 49 for other articles not affected by Section 1 of Executive Order No. 213.
Section 3 maintains full force and effect of all rates of import duty and classifications of other articles under Executive Order No. 49 that remain unchanged.

Section 4 repeals and modifies all laws, orders, issuances, rules and regulations, or parts thereof, that are inconsistent with Executive Order No. 213.
Section 4 makes the repeal and modification operate only to the extent of inconsistency.
Section 5 sets immediate effectivity, controlling the transitory application for entries or withdrawals for consumption under Section 2.