Law Summary

Introduction

Executive Order No. 328 was issued by President Fidel V. Ramos to modify the nomenclature and rates of import duty on imported wheat for food under the Tariff and Customs Code of 1978. This order effectively amends previous tariff rates and sets new import duty levels.

Modification of Import Duty Rates

• Legal Principle/Provision: The Executive Order reverts the tariff rate on imported wheat for food, previously increased to 50% by Executive Order No. 313, back to lower rates.
• Key Definitions Introduced:
  • Harmonized System Code: A classification system for traded goods.
  • Heading No. 1001.90: The specific classification for wheat and meslin under the Tariff and Customs Code.
• Important Requirements/Procedures:
  • The following rates of duty are established under the Harmonized System Code heading no. 1001.90:
    • 1001.90.10: Wheat used as feed
      • Rates:
        • 1996: 50%
        • 1997: 40%
        • 1998: 35%
    • 1001.90.90: Other wheat
      • Rate: 10% (for the years 1996 to 2000)
• Relevant Timeframes:
  • The new duty rates take effect immediately upon publication in two newspapers of general circulation.

Revocation of Inconsistent Issuances

• Legal Principle/Provision: All prior presidential issuances, administrative rules, or regulations that contradict this Executive Order are revoked or modified accordingly.
• Important Requirements/Procedures:
  • It is the responsibility of relevant administrative bodies to ensure compliance with this order.

Effectivity Clause

• Legal Principle/Provision: This Executive Order shall take effect immediately after its publication.
• Relevant Timeframes:
  • Publication Requirement: Must be published in two newspapers of general circulation in the Philippines.

Conclusion

• Signature: The Executive Order is signed by President Fidel V. Ramos and countersigned by Executive Secretary Ruben D. Torres.

Key Takeaways

• Executive Order No. 328 modifies the import duty rates on wheat, reducing them from the previously established 50% back to lower levels for wheat used as feed and maintaining a 10% rate for other wheat.
• The order emphasizes immediate effectivity upon publication and revokes conflicting previous regulations.
• Compliance with the new duty rates is mandated for all entries of the specified articles into the Philippines.