Executive
Order No. 397
REDUCING THE RATES OF
IMPORT DUTY ON COMPLETELY-KNOCKED DOWN PARTS AND COMPONENTS FOR ASSEMBLY OF LOW
ENGINE DISPLACEMENT AND HYBRID VEHICLES
WHEREAS,
the government issued Executive Order No. 156, series of 2002, establishing a Comprehensive
Industrial Policy and Directions for the Motor Vehicle Development Program to
develop the Philippines as the manufacturing hub in ASEAN for certain motor
vehicles, parts and components;
WHEREAS,
the latest technological development in motor vehicle industry is the
introduction of the so-called “hybrid” or partly electrical
vehicles which are deemed more powerful and more fuel efficient;
WHEREAS,
it is a declared policy of the government to promote the judicious conservation
and efficient utilization of energy resources thereby adopting the most cost-effective
options toward the wiser and efficient use of energy;
WHEREAS,
the transport sector is one of the highest fuel-consuming sector
next to the industrial manufacturing sector:
WHEREAS,
Executive Order No. 472, series of 1998, institutionalized the
WHEREAS,
Sections 401 and 402 of the Tariff and Customs Code of 1978 (Presidential
Decree No. 1464), as amended, empower the President of the Republic of the
Philippines, to increase, reduce or remove existing rates of duty, as well as,
to modify the tariff nomenclature.
NOW,
THEREFORE, I, GLORIA MACAPAGAL ARROYO, President of the Republic of the
SECTION 1. The articles
specifically listed in Annex “A” hereof, as classified under Section 104 of the
Tariff and Customs Code of 1978, as amended, shall be subject to the rates of
import duty (Most Favored Nation (MFN) and
Association of Southeast Asian Nations (ASEAN) – Common Effective Preferential
Tariff (CEPT) in accordance with the schedule
indicated in Columns 4 and 5 opposite each article;
SEC. 2.
The ASEAN CEPT rates so indicated in Annex “A”
shall be accorded to imports coming from ASEAN Member States applying CEPT concessions tot he same product pursuant to Article 4
of the CEPT Agreement and its interpretative Notes;
SEC. 3.
The nomenclature and the rates of import duty on tariff headings not
enumerated and those listed but represented by the symbol “xxx” shall remain in
force and in effect;
SEC. 4. Upon the effectivity of this
Executive Order, all articles listed in Annex “A” which are entered and
withdrawn from warehouses in the Philippines for consumption, shall be levied
the MFN rates of duty herein prescribed;
SEC. 5.
Upon the effectivity of this Executive Order, all
articles listed in Annex “A” which are entered and withdrawn from warehouses in
the Philippines for consumption, shall be imposed the ASEAN CEPT
rates herein prescribed, subject to qualification under the Rules of Origin as
provided for in the Agreement on the CEPT Scheme for
the ASEAN Free Trade Area on 28 January 1992;
SEC. 6. All Presidential issuances,
administrative rules and regulations, or parts thereof, which are inconsistent
with this Executive Order are hereby revoked or
modified accordingly;
SEC. 7. This Executive Order shall be
effective for a period of one (1) year subject to review;
SEC. 8. This Executive Order shall take
effect thirty (30) days following the complete
publication in two (2) newspapers of general circulation in the
Done in the City of Manila, Philippines,
this 31st day of December in the year of Our Lord, Two Thousand and Four.
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