Rice import tariff reduction under CEPT-AFTA/ATIGA

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EXECUTIVE ORDER NO. 894: Rice import tariff reduction under CEPT-AFTA/ATIGA

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Title Source: Supreme Court: Rice import tariff reduction under CEPT-AFTA/ATIGA

Law: Executive Order No. 894

Decision Date: Jun 18, 2010

Gloria Macapagal-Arroyo modifies import duty rates on rice to implement a tariff reduction schedule under the ASEAN Free Trade Area agreement, allowing for special consideration in trade with ASEAN member states.

Tariff Reduction Schedule Submission and Approval

The Philippines proposed a tariff reduction modality starting at 40% from 2009 until 2014, and 35% in 2015.
This proposal was submitted during the 23rd AFTA Council Meeting on 13 August 2009.
A Memorandum of Understanding (MOU) between the Philippines and Thailand was signed on 08 April 2010.
The National Economic and Development Authority (NEDA) Board approved the tariff reduction schedule on 25 May 2010.

Presidential Authority under the Tariff and Customs Code

Section 402 of the Tariff and Customs Code of 1978 grants the President the power to modify import duties on recommendation of NEDA.
This authority serves to promote foreign trade through tariff adjustments.

Implementation of CEPT-AFTA/ATIGA Rates on Rice Imports

The Executive Order mandates that rice articles listed in the Annex follow the tariff rates specified under CEPT-AFTA/ATIGA.
These rates apply to imports from ASEAN Member States that reciprocate the same CEPT concessions.
The rates must comply with Articles 19 and 21 of the ATIGA regarding tariff reduction and legal enactments.

Effective Date and Conditions of Application

The new tariff rates apply to rice entries or releases from warehouses for consumption after the Executive Order's effectivity.
Compliance with the Rules of Origin under the CEPT Scheme for AFTA/ATIGA is mandatory for applying tariff rates.

Recourse to Trade Remedy Measures

The Philippines retains the right to invoke trade remedy measures under domestic law, ATIGA, and relevant international agreements.
This is an effective mechanism to address import surges or unfair trade practices.

Separability Clause

Should any provision of the Executive Order be declared invalid or unconstitutional, the remaining provisions continue to be effective.

Revocation and Modification of Conflicting Issuances

All existing presidential issuances, administrative rules, or regulations inconsistent with this Executive Order are revoked or modified accordingly.

Effectivity Clause

The Executive Order takes effect fifteen (15) days after its full publication either in the Official Gazette or a national newspaper of general circulation.

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