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PHILIPPINE TRANSPARENCY SEAL FREEDOM OF INFORMATION PHILIPPINES

Export case

Process of FTA Utilization when exporting

To utilize FTAs when exporting from the Philippines, the following sequential procedures are necessary.
Step 1

Effective FTA

To utilize an FTA when exporting, it is necessary to verify that an FTA has been signed and is in effect between the Philippines and the destination country.

The countries with effective FTAs can be checked below.

Step 2

Determine the tariff classification (HS Code) of the export product

Harmonized System code
Since FTA tariff rates are determined by the HS Code, accurately identifying the HS Code is essential.
Import
For imported goods, it is necessary to consult with experts such as customs brokers or apply for an advance ruling on tariff classification from the Tariff Commission to confirm the HS Code.
Export
For exported goods, since the HS Code classification may differ between countries, you should inquire about the required HS Code from the importer in the destination country.
HS code
Advisor

When it's difficult to classify an HS code, you can refer to the following.

Advanced Ruling of Tariff commission
Step 3

Tariff Benefit

After finding the item number of the exported goods, it is necessary to check whether there are FTA tariff benefits in the destination country.

(Destination Country's MFN Rate - FTA Rate) x Export Value = Tariff Benefit
MFN rate, FTA rate
When the MFN rate and the FTA rate are the same, it can be considered that there are no tariff benefits, and therefore, issuing a certificate of origin may be deemed to have no practical benefit.

You can check the FTA rate in the respective country's agreement text, and refer to the following tariff table:
- When exporting from our country to FTA partner countries: Refer to the tariff schedule of the destination country (the partner country).
Step 4

Rules of origin

To receive FTA tariff benefits, it is necessary to meet the origin determination criteria specified for each HS code in the agreement.
The origin determination criteria vary for each agreement, but generally, they can be categorized into the following types:

General Standard

Wholly Obtained or Produced
Fruit trees image
Fruit trees
Fruit image
Fruit
Fishhook image
Fishhook
Fish image
Fish
Processing within Territory
Raw Material image
Raw Material Philippines
processed goods image
Processed goods Philippines
finished product image
Finished product Philippines
Sufficient Transformation
Change in Tariff Heading
Raw Material: Steel image
Raw Material: Steel Philippines
Car parts image
Car parts Philippines
HS Code Change image
HS Code Change
Regional Value Content
Imported raw materials image
Imported raw materials Processed in the Philippines
processed in the Philippines image
Processed in the Philippines Imported raw materials
locally produced raw materials image
Locally produced raw materials Philippines
Final product image
Final product Philippines

Imported raw materials (processed in the Philippines) + locally produced raw materials (Philippines) = final product (Philippines) If 40% or more of the total value of the final product is added in the Philippines, it is recognized as originating in the Philippines.

Specific Exceptions
Component A image
Component A Vietnam
Component  B image
Component B Philippines
Final Product image
Final Product Philippines

If Vietnam and the Philippines are members of the same FTA, the processing done in both countries can be cumulated.

List
Category Contents
General Standard General Principal Wholly obtain, Processing within territory, Sufficient processing
Specific Exceptions Cumulation, De minimis, neutral goods, substitutable goods,
indirect materials, sets, accessories, spare parts, tools, packaging, containers
Product specific rules Change in tariff heading, Regional value content, Specific processing

Methods of determining the fulfillment of origin criteria is as below

  1. 1
    Verify raw material details through BOM
    BOM is the list of materials, intermediate products, and components required to manufacture the final product.
  2. 2
    Confirm the procurement path
    Based on the BOM, include the purchasing path necessary for determining the origin, such as whether the item was purchased domestically or overseas, whether it was directly purchased/produced by the exporter, and whether it was produced domestically/purchased domestically/imported from suppliers.

    **Additionally, include the prices and HS codes for each material.
  3. 3
    Determine the origin of the final product (exported goods)
    Determine the fulfillment of origin determination criteria for the final product (exported goods) based on the origin, HS code, and price of components/parts.
Step 5

Obtain FTA certificate of origin

The essential and official document required to prove that a product is of Philippines origin for the application of FTA tariff rates in the importing country. It must be issued accurately according to the specifications and guidelines set forth in each agreement, enabling the application of FTA tariff rates by the customs of the importing country. The issuance method of the Certificate of Origin varies according to each agreement.

Form D / E-Form D

ATIGA (ASEAN Trade in Goods Agreement)

Method of Issuance
Issued by the authority
Validity Period
12 months
Retroactive Issuance
1 year from date of shipment
Form E

ACFTA (ASEAN-China Free Trade Area)

Method of Issuance
Issued by the authority
Validity Period
1 Year
Retroactive Issuance
12 months from shipment
Form AK

Form AKFTA (ASEAN-Korea Free Trade Agreement)

Method of Issuance
Issued by the authority
Validity Period
1 Year
Retroactive Issuance
1 year from date of shipment
Form AI

AIFTA (ASEAN-India Free Trade Area)

Method of Issuance
Issued by the authority
Validity Period
12 months
Retroactive Issuance
12 months from shipment
Form AJ

AJCEP (ASEAN-Japan Comprehensive Economic Partnership)

Method of Issuance
Issued by the authority
Validity Period
1 Year
Retroactive Issuance
1 year from date of shipment
Form PJ

PJEPA (Philippines-Japan Economic Partnership Agreement)

Method of Issuance
Issued by the authority
Validity Period
6 months
Retroactive Issuance
-
Invoice

PH-EFTA (Philippines-European Free Trade Association)

Method of Issuance
Self-issuance
Validity Period
12 months
Retroactive Issuance
-
Form AHK

AHKFTA (ASEAN-Hong Kong, China Free Trade Agreement)

Method of Issuance
Issued by the authority
Validity Period
1 year
Retroactive Issuance
1 year from date of shipment
Form AANZFTA

AANZFTA (ASEAN-Australia-New Zealand Free Trade Agreement)

Method of Issuance
Self-issuance
Validity Period
12 months
Retroactive Issuance
12 months from date of exportation
Form RCEP

RCEP (Regional Comprehensive Economic Partnership)

Method of Issuance
Issued by the authority
Self-issuance (Not in effect)
Validity Period
1 year
Retroactive Issuance
1 year from date of shipment
Step 6

Maintain data keeping requirement

DATA
Exporters and manufacturers must retain documentation, such as Certificates of Origin, necessary for verifying the origin and applying preferential tariff rates under agreements

To prepare in advance for origin verification, below subjects should keep data as below.

ATIGA

Data keeping provision
Annex 8 – Rule 17
Data keeping subject
Exporter
Manufacturer
Issuing Authority
Period
3 years

ACFTA

Data keeping provision
Attachment A – Rule 19
Data keeping subject
Importer
Exporter
Manufacturer
Issuing Authority
Period
3 years

AKFTA

Data keeping provision
Appendix I – Rule 13
Data keeping subject
Importer
Exporter
Manufacturer
Issuing Authority
Period
3 years

AIFTA

Data keeping provision
Appendix D – Article 18
Data keeping subject
Importer
Exporter
Manufacturer
Issuing Authority
Period
2 years

AJCEP

Data keeping provision
Annex 4 – Rule 5
Data keeping subject
Exporter
Manufacturer
Issuing Authority
Period
3 years

PJEPA

Data keeping provision
Chapter 3 – Article 41
Data keeping subject
Exporter
Manufacturer
Issuing Authority
Period
5 years

PH-EFTA

Data keeping provision
Annex I – Article 13
Data keeping subject
Exporter
Period
3 years

AHKFTA

Data keeping provision
Chapter 3 – Rule 16
Data keeping subject
Producer and
or Exporter applying for
the issuance of CO
Period
3 years

AANZFTA

Data keeping provision
Chapter 3 – Rule 16
Data keeping subject
Issuing Authority/Body
manufacturer
Producer
Exporter
Importer, and their authorized
representatives
Period
3 years

RCEP

Data keeping provision
Chapter 3 – Article 3.27
Data keeping subject
Exporters
producers
issuing bodies
or competent authorities
Period
3 years
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