Modifying Import Duty Rates for Agri-Fishery Inputs

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EXECUTIVE ORDER NO. 376: Modifying Import Duty Rates for Agri-Fishery Inputs

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Title Supreme Court: Modifying Import Duty Rates for Agri-Fishery Inputs

Law: Executive Order No. 376

Decision Date: Oct 22, 2004

Gloria Macapagal-Arroyo's Executive Order No. 376 reinstates tariff exemptions on imported agricultural and fishery inputs, equipment, and machinery until December 31, 2015, to enhance the competitiveness of eligible enterprises certified by the Department of Agriculture.

agriculture law

A

Legal Basis and Amendments

Section 1 of Republic Act No. 9281 amends Section 109 of Republic Act 8435 (Agriculture and Fisheries Modernization Act of 1997).
Section 109 as amended grants tariff and duty exemption until December 31, 2015.
Section 109 was initially implemented by Executive Order No. 133 (1999), amended by EO No. 127 (2002), which lapsed on February 8, 2003.

Formulation of Implementing Rules and Regulations

The Department of Agriculture, in consultation with the Department of Finance and Board of Investments, shall formulate the implementing rules within 90 days from the effectivity of Republic Act 9281.

Presidential Authority to Modify Import Duties

Under Sections 104 and 401 of the Tariff and Customs Code, the President can adjust import duties upon recommendation of the National Economic and Development Authority.

Importation Procedures and Certifications

Importation of articles listed in annex "B" shall be tariff-exempt until December 31, 2015.
Importers must secure a certificate of eligibility or accreditation issued by the Department of Agriculture or deputized agencies.
Importation must comply with rules and regulations in annex "A".

Collection of Fees

Deputized agencies implementing the EO are authorized to collect administrative fees and minimal, reasonable costs.
The Department of Agriculture and Department of Trade and Industry shall prescribe uniform and harmonized fee rates.
Fees will be published in a separate Department Administrative Order.

Annual Review and Reporting

The Department of Agriculture, Department of Finance, Department of Trade and Industry, and Board of Investments shall conduct an annual review of annexes "A" and "B".
Consultation will include private sector and government institutions.
Findings and recommendations for amendments will be reported to the President.

Repealing Clause

All inconsistent presidential issuances, administrative rules, and regulations are revoked or modified accordingly.

Effectivity of the Executive Order

The EO takes effect 30 days after its full publication in two newspapers of general circulation.
Upon effectivity, importations of articles entered and withdrawn from warehouses will be subject to the prescribed tariff rates under this EO.

END