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(NAR) VOL. 7 NO. 2 / APRIL-JUNE 1996

[ EXECUTIVE ORDER NO. 334, May 16, 1996 ]

AMENDING EXECUTIVE ORDER NO. 79, SERIES OF 1993, ENTITLED "MODIFYING THE RATES OF IMPORT DUTY ON CERTAIN IMPORTED ARTICLES AS PROVIDED UNDER THE TARIFF AND CUSTOMS CODE OF 1978, AS AMENDED, IN ORDER TO IMPLEMENT THE MINIMUM 50% MARGIN OF PREFERENCE ON CERTAIN PRODUCTS INCLUDED IN THE BRAND-TO-BRAND COMPLEMENTATION SCHEME IN THE AUTOMOTIVE INDUSTRY UNDER THE BASIC AGREEMENT ON ASEAN INDUSTRIAL COMPLEMENTATION"



WHEREAS, Executive Order No. 79 dated 2 April 1993 was issued to implement the minimum fifty per centum (50%) Margin of Preference (MOP) on certain products included in the Brand-to-Brand Complementation (BBC) Schemes of Mitsubishi Motor Corporation, Nissan Motor Co., Ltd. and Toyota Motor Corporation;

WHEREAS, after the issuance of aforementioned EO No. 79, a nomination for change in tariff classification of certain CKD component parts covered by said EO 79 was submitted by Toyota Motor Corporation to the ASEAN Secretariat on 24 September 1993 and was approved by the ASEAN Senior Economic Officials Meeting (SEOM) on 4 October 1993;

WHEREAS, request for addition of new models and for amendments in part numbers of certain component parts covered by EO 79 were likewise submitted by Toyota Motor Corporation and were approved by the SEOM;

WHEREAS, it has become necessary to amend EO 79 to effect the technical modifications on said certain component parts under the Toyota BBC Scheme;

WHEREAS, it has become necessary as well to amend EO 79 to reflect the current nomenclature and rates of duty of certain component parts under the Mitsubishi, Nissan and Toyota BBC Schemes in accordance with EO 264, S. of 1995;

NOW, THEREFORE, I, FIDEL V. RAMOS, 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. Annexes "A*", "B*" and "C*" of Executive Order No. 79 dated 2 April 1993 are hereby amended and superseded by Annexes "A", "B" and "C" hereof.

SECTION 2. Section 1 of Executive Order no. 79 dated 2 April 1993 is hereby amended to read as follows:
"SECTION 1. The articles specially listed in Annexes "A" and "B", as amended, shall be accorded a minimum 50% Margin of Preference (MOP) as specified in Column 12 thereof. Accordingly, such articles shall be subject to BBC Preferential Tariff in accordance with the schedule indicated in Columns 13 to 18 of Annexes "A" and "B", as amended. The articles specifically listed in Annex "C", as amended, shall be accorded a minimum 50% MOP as specified in Column 13 thereof. Accordingly, such articles shall be subject to the BBC Preferential Tariff in accordance with the schedule indicated in Columns 14 to 20 of Annex "C", as amended.
SECTION 3. Section 4 of Executive Order No. 79 dated 2 April 1993 is hereby amended to read as follows:
"SECTION 4. The MOP provided in Annex "C" on steering link assembly, convenient and accessory equipment and suspension system for Corolla (Models EE 100, EE 101, AE 101) passengers cars and on fuel tank, suspension system, steering link assembly and electrical parts for Liteace (Models KM36, CM36) commercial vehicles and on electrical parts of TUV (Models KF40, KF50, CF50) motor vehicles for the transport of passengers and goods under the Toyota Motor Corporation BBC Scheme shall be accorded exclusively to the BBC entity in Malaysia (UMW Toyota Motor Sdn. Bhd.) effective up to 23 January 1995. The MOP also herein provided on under body and electrical parts for Corolla (Models EE 100, EE 101, AE 1001) passenger cars and electrical parts for TUV (Models KF40, KF50, CF50) motor vehicles for the transport of passengers and goods under the said BBC Scheme shall be accorded exclusively to the BBC entity in Thailand (Toyota Motor Thailand Co., Ltd.) effective up to 23 January 1995. Thereafter, this MOP may be granted to a non-participating ASEAN country as soon as that country extends the same MOP itself. If the non-participating country does not wish to grant such MOP and maintains such position throughout the stipulated waiver period, the exclusive application of this MOP to Malaysia and Thailand shall then be extended up to 23 January 1999."
SECTION 4. All decrees, orders, issuances, rules and regulations, or parts thereof which are inconsistent with this Executive Order, are hereby repealed or modified accordingly.

SECTION 5. This Executive Order shall take effect immediately.

Adopted: 16 May 1996

(SGD.) FIDEL V. RAMOS
President of the Philippines

By the President:

(SGD.) RUBEN D. TORRES
Executive Secretary


* Text available at Office of the National Administrative Register , U.P. Law Center, Diliman, Quezon City.
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