BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 445
MODIFYING THE RATES OF DUTY ON CERTAIN IMPORTED ARTICLES AS PROVIDED UNDER THE TARIFF AND CUSTOMS CODE OF 1978, AS AMENDED, IN ORDER TO IMPLEMENT THE PREFERENTIAL TARIFF RATES ON CERTAIN PRODUCTS UNDER THE ASEAN INDUSTRIAL COOPERATION (AICO) SCHEME, IN FAVOR OF PANASONIC MANUFACTURING PHILIPPINES CORPORATION (AICO CERTIFICATE NO. MATSUSHITA/2004/2)
WHEREAS, the Philippines is a Contracting Party to the Basic Agreement on the ASEAN Industrial Cooperation Scheme (AICO) signed in Singapore on 27 April 1996;
WHEREAS, the Philippines is a signatory to the Protocol to Amend the Basic Agreement on the ASEAN Industrial Cooperation Scheme signed in Singapore on 21 April 2004;
WHEREAS, the Philippines is a participating country in the approved AICO Arrangements of Panasonic Manufacturing Philippines Corporation along with Malaysia;
WHEREAS, under the Panasonic AICO Certificate of Eligibility (COE) No. Matsushita /2004/2, the Panasonic Manufacturing Corporation will import gas stoves, fully automatic washing machines, and vacuum cleaners from Matsushita Electric Company (Malaysia) Bhd.; split type air conditioners from Panasonic HA Air-Conditioning (M) Sdn. Bhd.; and colour television sets from Panasonic AVC Networks Kuala Lumpur Malaysia Sdn. Bhd. In exchange, Matsushita Electric Company (Malaysia) Bhd. and Panasonic HA Air-Conditioning (M) Sdn. Bhd. will import oven toasters and window type air-conditioners, respectively, from Panasonic Manufacturing Philippines Corporation;
WHEREAS, AICO Certificate of Eligibility No. Matsushita /2004/2 was issued on 30 March 2005, in favor of the participating companies in the Matsushita/Panasonic AICO Arrangement;
WHEREAS, in consonance with Articles 5 and 7 of the Basic Agreement of the AICO Scheme, as amended participating companies in the approved Matsushita/Panasonic AICO Arrangements shall qualify for 0% preferential tariff rates to be extended by Malaysia and the Philippines as participating countries.
NOW, THEREFORE, I, GLORIA MACAPAGAL ARROYO, President of the Philippines, pursuant to the powers vested in me under Section 402 of the Tariff and Customs Code of 1978, as amended, do hereby order:
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 accorded the AICO rate of 0% on units as specified in Column 3 thereof.
SECTION 2. The AICO rate provided in Annex “A” shall be accorded to the AICO entity in Malaysia (Matsushita Electric Company (Malaysia) Bhd.; Panasonic HA Air-Conditioning (M) Sdn. Bhd.; and Panasonic AVC Networks Kuala Lumpur Malaysia Sdn. Bhd.).
SECTON 3. Upon the effectivity of this Executive Order, the articles specifically listed in the aforesaid Annex “A” which are entered or withdrawn from warehouses in the Philippines for consumption shall pay the applicable AICO preferential tariff rates specified under Section 1 hereof, subject to qualification under the Rules of Origin for the CEPT, as evidenced by the Certificate of Origin-Form “D”.
SECTION 4. All presidential issuances, administrative rules and regulations or parts thereof, which are contrary to or inconsistent with this Executive Order are hereby revoked or modified accordingly.
SECTION 5. This Executive Order shall take effect immediately after its publication in two (2) newspapers of general circulation in the Philippines.
DONE in the City of Manila, this 5th day of July in the year of Our Lord, Two Thousand and Five.
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
By the President:
(Sgd.) EDUARDO R. ERMITA
Reference: Annex “A”
Source: Malacañang Records Office
Office of the President of the Philippines. (2005). [Executive Order Nos. : 401 – 500]. Manila : Malacañang Records Office.