Title
EO on Import Duty Rates for Oil and Asphalt
Law
Executive Order No. 890
Decision Date
Jun 10, 2010
Executive Order No. 890 modifies the import duty rates on crude oil, petroleum products, and asphalt in the Philippines to address tariff distortion and comply with international agreements, with the President having the authority to adjust the rates as necessary.
A

Modifications to Import Duty Rates and Nomenclature

  • Executive Order No. 890 modifies the nomenclature and rates of import duty on crude oil, petroleum products, and asphalt as classified under Section 104 of the Tariff and Customs Code.
  • Import duty rates for items listed in Annex "A" are adjusted to the Most-Favoured-Nation (MFN) rates specified therein.
  • Items not listed or marked with "xx" maintain their existing import duty rates.

ASEAN Trade Agreements and Preferential Tariffs

  • Under the ASEAN Free Trade Area (AFTA) Common Effective Preferential Tariff (CEPT) Scheme and ASEAN Trade in Goods Agreement (ATIGA), crude oil and refined petroleum products imported from ASEAN Member States (AMS) are levied zero import duty.
  • Executive Order No. 268 (2004) eliminated tariffs on asphalt.

Rationale for Eliminating 3% Tariff on Non-ASEAN Imports

  • The elimination of 3% tariffs on crude oil, petroleum products, and asphalt imported from non-ASEAN countries addresses tariff distortions caused by zero duties applied to ASEAN imports.
  • Zero tariffs provide a level playing field for local refiners to compete with importers.
  • The policy supports the production of environmentally-compliant refined fuels and ensures fuel supply security.
  • The National Economic and Development Authority (NEDA) Board approved the tariff elimination on May 25, 2010.

Effectivity and Implementation

  • Upon effectivity, articles listed in Annex "A" entered and withdrawn from warehouses shall be subject to MFN duty rates.
  • Existing inconsistent or conflicting presidential issuances, rules, or regulations are revoked or modified accordingly.
  • The Executive Order takes effect fifteen days after publication in the Official Gazette or a newspaper of general circulation.

Summary of Key Provisions

  • Uniform tariff of 3% on crude and refined petroleum eliminated in favor of MFN zero rates.
  • Import duty adjustments align with ASEAN trade commitments and local industry protection.
  • Presidential authority exercised to ensure tariff policy meets current economic and trade considerations.
  • Clear directives for customs and relevant authorities to implement changes upon publication and effectivity.

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