EXECUTIVE ORDER NO. - PHILIPPINE LAWS, STATUTES AND CODES

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EXECUTIVE ORDER NO. 163

EXECUTIVE ORDER NO. 163 - MODIFYING THE RATES OF IMPORT DUTY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT) PRODUCTS UNDER THE TARIFF AND CUSTOMS CODE OF 1978 (PRESIDENTIAL DECREE NO. 1464, AS AMENDED), IN ORDER TO IMPLEMENT THE e-ASEAN FRAMEWORK AGREEMENT

WHEREAS, the e-ASEAN Framework Agreement signed on 24 November 2000 requires ASEAN Member States to eliminate duties and non-tariff barriers on intra-ASEAN trade on ICT products;

WHEREAS, the Agreement commits ASEAN members to an implementation schedule to achieve digital readiness for the region in order to develop the basis for ASEAN’s competitiveness into the future, better the lives of their citizens through the application of information and communication technologies and foster the spirit of ASEAN community;

WHEREAS, Section 402 of the Tariff and Customs Code of 1978, as amended, empowers the President, upon the recommendation of the National Economic and Development Authority, to increase, reduce or remove existing protective rates of import duty, as well as to modify the form of duty.

NOW, THEREFORE, I, GLORIA MACAPAGAL ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1.    The articles specifically listed in “Annex A” (Information and Communications Technology Products Granted Concession under the e-ASEAN Framework Agreement) hereof, as classified under Section 104 of the Tariff and Customs Code of 1978, as amended, shall be subject to the ASEAN Common Effective Preferential Tariff (CEPT) indicated in Column 4 of “Annex A”. The ASEAN CEPT rates so indicated shall be accorded to imports coming from ASEAN Member States applying CEPT concession to the same product pursuant to Article 4 of the CEPT Agreement and its Interpretative Notes.

SECTION 2.    In the event that any subsequent changes are made in the basic (MFN) Philippine rate of duty on any of the articles listed in “Annex A” to a rate lower than the rate prescribed in Column 4 of “Annex A”, such article shall automatically be accorded the corresponding reduced duty.

SECTION 3.    Products eligible for tariff concessions not listed in “Annex A” of this Executive Order, shall be subject to the ASEAN CEPT rates under Executive Order No. 49, Series of 2001, Executive Order No. 234, Series of 2000, Executive Order No. 254, Series of 2000, Executive Order No. 71, Series of 1999, Executive Order No. 487, Series of 1998, and Executive Order No. 453, Series of 1997.

SECTION 4.    From the date of effectivity of this Executive Order, all articles listed in “Annex A” entered into or withdrawn from warehouses in the Philippines for consumption shall be imposed the rates of duty therein prescribed, subject to qualification under the Rules of Origin as provided for in the Agreement on the CEPT Scheme for the AFTA signed on 28 January 1992.

SECTION 5.    All presidential issuances, administrative rules and regulations, or parts thereof, which are contrary or inconsistent with this Executive Order are hereby repealed or modified accordingly.

SECTION 6.    This Executive Order shall take effect immediately following its complete publication in two (2) newspapers of general circulation in the Philippines.

Done in the City of Manila, this 10th day of January, in the year of our Lord, Two Thousand and Three.

“Annex A”
INFORMATION AND COMMUNICATIONS TECHNOLOGY PRODUCTS (ICT) GRANTED CONCESSION UNDER THE e-ASEAN FRAMEWORK AGREEMENT

    Applicable
Hdg.    H.S. Code    Description    ASEAN CEPT
No. Rate (%)
            2003
(1) (2)                  (3)   (4)

38.18    3818.00 00    Chemical elements doped for use in electronics, in the    Free

form of discs, wafers or similar forms; chemical
compounds doped for use in electronics.

84.43 Printing machinery, including ink-jet printing machines,

        other than those of heading No. 84.71; machines for uses
        ancillary to printing.
      - Other printing machinery:
        8443.51 00    - - Ink jet printing machines    Free

85.17 Electrical apparatus for line telephony or line telegraphy,

        including line telephone sets with cordless handsets and
        telecommunication apparatus for carrier-current line
        systems or for digital line systems; videophones.
    - Telephone sets; videophones:
8517.19   - - Other
        8517.19 10    - - - Telephone sets    Free

85.19 Turntables (record-decks), record-players, cassette-

        players and other sound reproducing apparatus, not
        incorporating a sound recording device.
   - Other sound reproducing apparatus:
        8519.99   - - Other
        8519.99 10    - - - Cinematographic sound reproducers    Free

85.20 Magnetic tape recorders and other sound recording

        apparatus, whether or not incorporating a sound
        reproducing device.
      8520.90            - Other:
        8520.90 10    - - - Cinematographic sound recording apparatus    Free

85.22 Parts and accessories suitable for use solely or

        principally with the apparatus of headings Nos. 85.19
        to 85.21.
   8522.90      - Other
        8522.90 10    - - - Parts and accessories for cinematographic sound    Free
       recorders and reproducers

85.23 Prepared unrecorded media for sound recording or

        similar recording of other phenomena, other than
        products of Chapter 37.
     - Magnetic tapes:
        8523.11   - - Of a width not exceeding 4 mm:
      8523.11 90    - - - Other    Free
   8523.12 - - Of a width exceeding 4 mm but not exceeding 6.5 mm
        8523.12 90    - - - Other    Free
   8523.13           - - Of a width exceeding 6.5 mm:
        8523.13 20    - - - In pancake or jumbo forms    Free
   8523.13 90    - - - Other    Free
   8523.20   - Magnetic discs:
        8523.20 90    - - - Other    Free
   8523.90    - Other:
        8523.90 90    - - - Other    Free

85.25 Transmission apparatus for radiotelephony, radio-

        telegraphy, radio-broadcasting or television, whether or
        not incorporating reception apparatus or sound
        recording or reproducing apparatus; television cameras;
        still image video cameras and other video camera
        recorders.
   8525.30 00    - Television cameras    Free

85.26 Radar apparatus, radio navigational aid apparatus and

        radio remote control apparatus.
8526.10 00    - Radar apparatus    Free
   - Other:
        8526.91 00    - - Radio navigational aid apparatus    Free
      8526.92 00    - - Radio remote control apparatus    Free

85.28 Reception apparatus for television, whether or not

        incorporating radio-broadcast receivers or sound or
        video recording or reproducing apparatus; video
        monitors and video projectors.
   8528.30 00    - Video projectors    Free

85.36 Electrical apparatus for switching or protecting electrical

        circuits, or for making connections to or in electrical
        circuits (for example, switches, relays, fuses, surge
        suppressors, plugs, sockets, lamp-holders, junction
        boxes), for a voltage not exceeding 1,000 volts.
    8536.10    - Fuses:
    8536.10 10    - - - Thermal fuses; glass type fuses    Free
8536.50    - Other switches:
        8536.50 90    - - - Other:
        ex 8536.50 90    Electronic AC switches consisting of optically coupled    Free
        input and output circuits (insulated thyristor AC switches);
        electronic switches, including temperature protected
        electronic switches, consisting of a transistor and a logic
        chip (chip-on-chip technology) for a voltage not exceeding
        1,000 volts; electromechanical snap-action switches for
        a current not exceeding 11 amps
       ex 8536.50 90    Other    5
- Lamp-holders, plugs and sockets:
        8536.69    - - Other:
        8536.69 90    - - - Other:
        ex 8536.69 90    Sockets and other plugs for co-axial cables and printed    Free
        circuits
   ex 8536.69 90    Other

85.40 Thermionic, cold cathode or photo-cathode valves and

        tubes (for example, vacuum or vapour or gas filled valves
        and tubes, mercury arc rectifying valves and tubes,
        cathode-ray tubes, television camera tubes).
    - Cathode-ray television picture tubes, including video monitor
        cathode-ray tubes:
   8540.11 00    - - Colour    Free
       8540.20 00    - Television camera tubes; image converters and    Free
        intensifiers; other photo-cathode tubes
       8540.40 00    - Data/graphic display tubes, colour, with a phosphor dot    Free
        screen pitch smaller than 0.4 mm
       8540.50 00    - Data/graphic display tubes, black and white or other      Free
        monochrome
   8540.60 00    - Other cathode-ray tubes                                                       Free
        - Microwave tubes (for example, magnetrons, klystrons,
        travelling wave tubes, carcinotrons), excluding grid
        controlled tubes:
   8540.71 00    - - Magnetrons                                                                         Free
   8540.72 00    - - Klystrons Free
    - Other valves and tubes:
        8540.81 00    - - Receiver or amplifier valves and tubes Free
    - Parts:
        8540.91 00    - - Of cathode-ray tubes    Free

90.01 Optical fibres and optical fibre bundles; optical fibre

        cables other than those of heading No. 85.44; sheets and
        plates of polarising material; lenses (including contact
        lenses), prisms, mirrors and other optical elements, of
        any material, unmounted, other than such elements of
        glass not optically worked.
   9001.10 00    - Optical fibres, optical fibre bundles and cables    Free

90.02 Lenses, prisms, mirrors and other optical elements, of

        any material, mounted, being parts of or fittings for
        instruments or apparatus, other than such elements of
        glass not optically worked.
    - Objective lenses:
   9002.11 00    - - For cameras, projectors or photographic enlargers or    Free
        reducers

90.06 Photographic (other than cinematographic) cameras;

        photographic flashlight apparatus and flashbulbs other
        than discharge lamps of heading No. 85.39.
   9006.20 00    - Cameras of a kind used for recording documents on    Free
        microfilm, microfiche or other microforms

90.09 Photo-copying apparatus incorporating an optical

        system or of the contact type and thermo-copying
        apparatus.
   - Electrostatic photo-copying apparatus:
        9009.12 00    - - Operating by reproducing the original image via an    Free
        intermediate onto the copy (indirect process)
    - Other photo-copying apparatus:
        9009.22 00    - - Of the contact type Free
   9009.30 00    - Thermo-copying apparatus    Free

90.10 Apparatus and equipment for photographic (including

        cinematographic) laboratories (including apparatus for
        the projection or drawing of circuit patterns on sensitised
        semi-conductor materials), not specified or included
        elsewhere in this Chapter, negatoscopes; projection
        screens.
   9010.50 00    - Other apparatus and equipment for photographic    Free
        (including cinematographic) laboratories; negatoscopes

90.13 Liquid crystal devices not constituting articles provided

        for more specifically in other headings; lasers, other than
        laser diodes; other optical appliances and instruments,
        not specified or included elsewhere in this Chapter.
   9013.20 00    - Lasers, other than laser diodes Free

90.26 Instruments and apparatus for measuring or checking

        the flow, level, pressure or other variables of liquids or
        gases (for example, flowmeters, level gauges,
        manometers, heat meters), excluding instruments and
        apparatus of heading No. 90.14, 90.15, 90.28 or 90.32.
   9026.10    - For measuring or checking the flow or level of liquids:
        9026.10 10    - - - Level gauges for motor vehicles   Free
        9026.10 90    - - - Other    Free
9026.20    - For measuring or checking pressure:
        9026.2010    - - - Pressure gauges for motor vehicles    Free
      9026.20 90    - - - Other    Free

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