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Executive Order No. 852 (2009)
—in relation to the Philippines, pursuant to Paragraph 2, Article 79 of the AJCEPA, the Agreement shall enter into force on the first day of the second month following the date on which it makes notification of the completion of its legal procedures but the staging of tariff elimination or reduction shall commence on 01 December 2008;
Section 1. —The articles listed in the Annex (Articles Granted Concessions under the AJCEPA) hereof,— and accompanied by Certificate of origin (CO) Form AJ, shall be subject to the rates of import duty as indicated in Columns 4 to 14 of said Annex.
Section 2. —For Japan and ASEAN 9 (i.e. Brunei Darussalam, Cambodia; Indonesia, Lao Peoples Democratic Republic, Malaysia, Myanmar, Singapore; Thailand and Vietnam) the applicable rate shall be the AJCEPA preferential tariff, subject to the submission of the proper Certificate of Origin Form AJ. Pursuant to Section 1313(a) of the Tariff and Customs Code of the Philippines, as amended, —the Tariff Commission may, upon request,— issue tariff classification rulings to confirm the applicable rates of dutv of particular products covered by? this —Executive Order:
Section 3. —From the date of. effectivity of this Executive Order, all articles listed in the Annex which are entered or withdrawn from warehouses in the Philippines for consumption shall be imposed the rates of duty therein prescribed subject to compliance with the Rules of Origin as provided for in Chapter 3 of the AJCEPA.
Section 4. —Nothing in this Executive Order shall preclude the Philippines from invoking its right of recourse to all trade remedy measures provided for in its law, the AJCEPA and relevant international agreements as an effective device against import surges.
Section 5. —The provisions of this Executive Order are hereby declared separable and in the event any such provision is declared invalid or unconstitutional, the other provisions, which are not affected thereby, remain in force and effect.
Section 6. —Except for Executive Order No. 767, s. 2008, which remains in force and effect, all presldentlal issuances, administrative rules and regulations, or parts thereof, which are inconsistent with this Executive Order are hereby revoked or modified accordingly.
Section 7. —This Executive Order shall take effect fifteen (15) days following—its complete— publication in the Official Gazette or in a national newspaper of general circulation.
DONE—in the City of Manila, this 23rd day of December, in the year of Our Lord, Two Thousand and Nine.
(Sgd.) GLORIA MACAPAGAL-ARROYO
By the President:
(Sgd.) EDUARDO R. ERMITA Executive Secretary