EXECUTIVE ORDER NO. 106 - LIFTING THE SUSPENSION OF THE APPLICATION OF THE TARIFF CONCESSIONS GRANTED BY THE PHILIPPINES ON REFRACTORY BRICKS UNDER THE ASEAN PREFERENTIAL TRADING ARRANGEMENTS

WHEREAS, pursuant to Executive Order No. 472, effective 20 August 1991, the application of the 10% binding concession on refractory bricks and the 25% Margin of Preference (MOP) on fireclay bricks, including alumina bricks, extended under the ASEAN Preferential Trading Arrangements (PTA) has been suspended on account of the serious injury caused to the domestic industries producing like or similar products by the surge of imports of subject articles enjoying said tariff concessions;  

WHEREAS, following Thailand’s request for the lifting of the suspension of the tariff concessions on subject articles, a reinvestigation was undertaken under Sec. 402 of the Tariff and Customs Code, and the results thereof showed that the injurious import surge has been arrested by the simultaneous suspension of the tariff concessions on refractory bricks under the ASEAN-PTA and the imposition of dumping duty on importation of said articles from Thailand;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, pursuant to the powers vested in me under Sec. 402 of the Tariff and Customs Code of 1978, as amended, do hereby order:

Section 1. The suspension of the application of the tariff concession granted by the Philippines on refractory bricks under the ASEAN Preferential Trading Arrangements, as implemented under Executive Order No. 472, is hereby lifted.

Sec. 2. Upon effectivity of this Order, the 10% binding concession on refractory bricks and the Margin of Preference on fireclay bricks, including alumina bricks, as specified in Columns 7, 8, and 9 of attached Annex “A”, shall be restored. In effect, such articles shall be subject to the Preferential ASEAN Tariff in accordance with the schedule indicated in Columns 10 to 13 of the said Annex “A”.

Sec. 3. In the event that any subsequent changes are made in the basic Philippine rate of duty on item nos. (3) and (5), such articles shall automatically be accorded the corresponding amended rate of duty. The rates of duty on items nos. (1), (2), (4), and (6) shall remain bound at 10% for ASEAN.  

Sec. 4. This Executive Order shall take effect thirty (30) days after publication in two (2) newspapers of general circulation.


DONE in the City of Manila, this 16th day of July in the year of Our Lord, nineteen hundred and ninety-three.

ANNEX “A”
REFRACTORY PRODUCTS AND THE ASEAN PTA TARIFF CONCESSION RESTORED PURSUANT TO THIS EXECUTIVE ORDER

Rate of Duty Tariff Applicable ASEAN
Concessions/ Tariff
Margin of

HS No. Description 1993 Starting 1 July Preference Starting 1 July
1993
  1993 1994 1995 1992 1993 1994 1993 1994 1995
  (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

(1) ex Refractory bricks 20 20 20 20 108 108 108 10 10 10 10

6902.10 00 containing weight,

singly or together,
more than 50% of
the elements Mg,
Ca or Cr, expressed
MgO, CaO or Cr2 O3

6902.20 10 refractory bricks

6902.20 fireclay bricks

6902.20 90 containing by

weight more than
50% of alumina
(Al2 O3), of silica
(S102) or of a mixture
or compound of
these products,
other than those of
subheading No.
6902.20 10

6902.20 90 containing by

weight more than
50% of alumina
(Al2 O3), of silica
(S102), or of a mixture
or compound of these
products, other than
those of subheading
No. 6902.20 10

6902.90 00 other than those

of subheading
nos. 6902.10 00,

6902.20 10 and

6902.20 90