EXECUTIVE ORDER NO. 388 - MODIFYING THE NOMENCLATURE AND RATES OF IMPORT DUTY ON CERTAIN IMPORTED ARTICLES UNDER SECTION 104 OF THE TARIFF AND CUSTOMS CODE OF 1978 (PRESIDENTIAL DECREE NO. 1464), AS AMENDED

WHEREAS, Section s 104, 401 and 402 of the Tariff and Customs Code of 1978 (Presidential Decree No. 1464), as amended, empower 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, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. The articles specially listed in Annex “A” hereof, as classified under Section 104 of the Tariff and Customs Code in 1978, as amended, shall have the Most-Favored-Nation (MFN) rates of import duty in accordance with the schedule indicated opposite each article as specified in columns 4-7 of said Annex.

Sec. 2. The articles specifically listed in Annex “B” hereof, 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) in accordance with the schedule indicated opposite each article as specified in columns 4-7 of said Annex.

Sec. 3. The nomenclature and the rates of import duty on tariff headings not enumerated and those listed but represented by the symbol “. . .” shall remain in force and effect.

Sec. 4. Upon the effectivity of this Executive Order, the articles specifically listed in the aforesaid Annexes “A” and “B” which are entered or withdrawn from warehouses in the Philippines for consumption shall be levied the rates of duty therein prescribed. With respect to the articles listed in Annex “B”, they shall be 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.

Sec. 5. All Presidential issuances, administrative rules and regulations, or parts thereof, which are inconsistent with this Executive Order are hereby revoked or modified accordingly.

Sec. 6. This Executive Order shall take effect fifteen (15) days following its complete publication in two (2) newspapers of general circulation in the Philippines.

DONE in the City of Manila, this 27th day of December in the year of Our Lord, Nineteen Hundred and Ninety-Six.

ANNEX A

HDG. HARMONIZED Rate of Duty, (%)
NO. SYSTEM DESCRIPTION 1 January
CODE 1997 1998 1999 2000
(1) (2) (3) (4) (5) (6) (7)

10.05 Maize (corn).    20 10 10 10

1005.10 00  - x x x
1005.90   - Other;
1005.90 10 - - - Popcorn 20 10 10 10
1005.90 90 - - - Other:
1005.90 91 - - - - In-Quota 35 35 35 35
1005.90 92 - - - - Out-Quota 100* 80 65 65

2106.10 00   - x x x
2106.90    - Other:
2106.90 10 - - - Flavoring materials,     3 3 3 3

n.e.s., of the kind used
in the food and drink
industries; other food
preparations to be used
as raw materials in preparing
composite concentrates for
making beverages

2106.90 20 - - -  x x x
2106.90 30 - - -  x x x
2106.90 40 - - - x x x
2106.90 50 - - - x x x
2106.90 60 - - - Non-alcoholic composite  10 3 3 3

  for simple dilution with
  water to make beverages.

2106.90 90 - - - x x x

and similar residues, beet-pulp,
bagasse and other waste or sugar
manufacture, brewing or distilling
dregs and waste, whether or not in
the form of pellets.

facture and similar residues

(consisting of calcined gypsum or
calcium sulphate) whether or not
coloured, with or without small
quantities or accelerators or
retarders

cement, slag cement, superslate
cement and similar hydraulic
cements, whether or not coloured
or in the form of clinkers

   substances and mixtures
(including alcoholic solutions)
with a basis of one or more
  of these substances, of a kind
  used as raw materials in industry;
  other preparations based on
odoriferous substances, of a kind
   used for the manufacture of beverages.

reagents on a backing and
prepared diagnostic or laboratory
reagents whether or not on a
backing, other than those of
heading no. 30.02
or 30.06     3 3 3 3

on one or both sides with kaolin
(China clay) or other inorganic
substances, with or without a
binder, and with no other coating,
whether or not surface-coloured,
surface-decorated or printed, in
rolls or sheets.

- Paper and paperboard a
kind used of writing, printing
or other graphic purposes, not
containing fibres obtained by a
mechanical process or of which
not more than 10% by weight of
the total fibre content consists
such fibres:

and webs of cellulose fibers, coated,
impregnated, covered, surface-coloured,
surface-decorated or printed, in rolls
or sheets, other than goods of the kind
described in heading No. 48.03, 48.09
or 48.10

4811.10 00   -  x x x
  -  x x x
4811.21 - - x x x
4811.21 10 - - - x x x
4811.21 90 - - -  x x x
4811.29 - - -  x x x
4811.29 10 - - - x x x
4811.29 90 - - -  x x x
- Paper and paperboard coated,
impregnated or covered with plastics

(exclusing adhesives):

4811.31 - - - Bleached, weighing more than 150g/m2:
4811.31 10 - - -  x x x
4811.31 90 - - -  x x x
4811.39     - - Other
4811.39 10 - - -  x x x
4811.39 20 - - - Release paper   3 3 3 3
4811.39 90 - - -  x x x

combed or otherwise proceeded for
spinning.

5503.10 00 -  x x x
5503.20 00 - Of polyesters    3 3 3 3

combed or otherwise processed
for spinning.

5506.10 00 -  x x x
5506.20 00 - Of polyesters   3 3 3 3

- Containing by weight less than
0.25% of carbon:
7207.11 - - Of rectangular (including

square) cross-section, the
width measuring less than
twice the thickness:

than 0.10% of carbon 3 3 3 3

  or more of carbon:

7207.20 10 - - -  x x x
7207.20 90 - - - Others 10 3 3 3

irregularly wound coils, of
iron or non-alloy steel.

 - Other:

  measuring less than 14 mm
in diameter:

than 0.25% of carbon:

than 0.10% of carbon 3 3 3 3

profiles (for example, open seam
or welded, riveted or similarly
closed), of iron or steel.

longitudinally welded with
external diameter of 105 mm
and below, other than
those of subheading
No. 7306.40 40 30 20 20 20

Since 19.07.98.