Import Duty Rates on Petroleum Products

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EXECUTIVE ORDER NO. 336: Import Duty Rates on Petroleum Products

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Title Supreme Court: Import Duty Rates on Petroleum Products

Law: Executive Order No. 336

Decision Date: Jul 23, 2004

President Gloria Macapagal Arroyo's Executive Order No. 336 modifies import duty rates on crude petroleum oils and refined petroleum products, allowing for adjustments based on market conditions and ASEAN trade agreements.

crude petroleum

refined products

A

Uniform Tariff Duty Mandate and Presidential Discretion

Republic Act 8479 (Downstream Oil Industry Deregulation Act of 1998) mandates a single uniform tariff of 3% on imported crude and refined petroleum products
Allows the President to reduce tariffs based on judgment and pursuant to R.A. 1937 (Tariff and Customs Code)
Automatic adjustment of tariff rates effective January 1, 2004, aligned with WTO and ASEAN Free Trade Area commitments

Scope and Coverage of the Executive Order

Applicable to crude petroleum oils and refined petroleum products listed in Annex "A" classified under Section 104 of the Tariff and Customs Code
Specifies import duty rates applicable: Most-Favoured-Nation (MFN) and ASEAN Common Effective Preferential Tariff (CEPT) rates

Application of ASEAN-CEPT Rates

ASEAN-CEPT rates apply to imports from ASEAN Member States that apply CEPT concessions reciprocally
Governed by Article 4 of the CEPT Agreement under the ASEAN Free Trade Area signed January 28, 1992

Continuity of Duty Rates for Unlisted Tariff Headings

Duty rates for tariff headings not listed or marked "x x x" in Annex "A" remain unchanged

Implementation of MFN and ASEAN-CEPT Import Duty Rates

Upon effectivity, all imports of listed petroleum products withdrawn for consumption in the Philippines are subject to MFN and ASEAN-CEPT rates as prescribed
ASEAN-CEPT rates subject to fulfillment of Rules of Origin requirements under the CEPT Agreement

Conditional Effectivity Based on Energy Sector Trigger Price

The import duty rates (MFN and CEPT) take effect only when the Department of Energy certifies that a pre-determined trigger price has been reached

Interagency Coordination for Implementation

Department of Energy, Department of Finance, Department of Trade and Industry, National Economic and Development Authority, and Bureau of Customs tasked to formulate implementing guidelines

Repeal and Modification of Conflicting Issuances

All previous presidential issuances and administrative rules inconsistent with this Executive Order are repealed or modified accordingly

Effectivity and Publication

Executive Order takes effect 15 days after complete publication in two newspapers of general circulation in the Philippines

END