EXECUTIVE ORDER NO. 49 - MODIFYING THE RATES OF DUTY ON CERTAIN IMPORTED ARTICLES AS PROVIDED FOR UNDER THE TARIFF AND CUSTOMS CODE OF 1978, AS AMENDED, IN ORDER TO IMPLEMENT THE 2001-2003 PHILIPPINE SCHEDULE OF TARIFF REDUCTION UNDER THE BOLD ECONOMIC MEASURE INITIATIVES OF THE ACCELERATED COMMON EFFECTIVE PREFERENTIAL TARIFF (CEPT) SCHEME FOR THE ASEAN FREE TRADE AREA (AFTA) AND THE TRANSFER OF PRODUCTS FROM THE UNPROCESSED AGRICULTURAL PRODUCTS TEMPORARY EXCLUSION LIST (UAP-TEL) AND GENERAL EXEMPTION (GE) LIST TO THE CEPT INCLUSION LIST (CEPT-IL)

WHEREAS, at the conclusion of the 6th ASEAN Summit held in Hanoi, Vietnam on 15-16 December 1999, the ASEAN Heads of State and Government agreed to adopt a number of “bold” economic measures aimed at restoring regional economic growth and hastening the recovery from the Asian financial crisis;

WHEREAS, among the “bold” economic measures adopted was the acceleration of the ASEAN Free Trade Area (AFTA) from year 2003 to 2002 by the ASEAN 6 (Brunei Darussalam, Indonesia, Malaysia, the Philippines, Singapore and Thailand) which is to be achieved through commitments of 0-5% tariffs on 85% of items in their respective CEPT-IL in year 2000, 90% in year 2001 and 100% with some fibility in year 2002;  

WHEREAS, the 5th AFTA Council Meeting in Chiang Mai, Thailand on 21 September 1994 agreed that all UAPs will be included in the CEPT Scheme;

WHEREAS, the 11th AFTA Council Meeting held on Subang Jaya, Malaysia on 15 October 1997 had agreed that Member Countries should continue with the internal review of the GE List with a view to transferring these products into the CEPT-IL or CEPT-TEL;

WHEREAS, at its Meeting on 18 September 2000, the Tariff and Related Matters (TRM) Cabinet Committee approved the year 2001 Philippine CEPT Package comprising of three hundred fifty six (356) tariff lines;

WHEREAS, the 14th AFTA Council Meeting and the 32nd ASEAN Economic Ministers’ Meeting held in Chiang Mai, Thailand on 04 October 2000 and 05 October 2000, respectively, approved the Philippine List for year 2001 under the bold economic measures, and transfer of UAP-TEL and GE Lists into the CEPT-IL;

WHEREAS, Sec. 402 of the Tariff and Customs Code of 1978 (Presidential Decree No. 1464), as amended, empowers 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, GLORIA MACAPAGAL-ARROYO, President of the Philippines by virtue of the powers vested in me by law, do hereby order:

Section 1. The articles specifically listed in Annex “A” [Articles Granted Concession under the Common Effective Preferential Tariff (CEPT) for the ASEAN Free Trade Area (AFTA)] hereof, as classified under Section 104 of the Tariff and Customs Code of 1978, as amended, shall be subject to the ASEAN Common Effective Preferential Tariff in accordance with the year 2001-2003 schedule indicated in Columns 4-6 of Annex “A”. The ASEAN CEPT rates so indicated shall be accorded to imports coming from ASEAN Member States applying CEPT concession to the same product pursuant to Article 4 of the CEPT Scheme and its interpretative Notes.

Sec. 2. In the event that any subsequent changes are made in the basic (MFN) Philippine rate of duty on any of the articles listed in Annex “A” to a rate lower than the rate prescribed in Columns 4-6 of Annex “A” such article shall automatically be accorded the corresponding reduced duty.

Sec. 3. Product eligible for tariff concessions not listed in Annex ‘A” of this Executive Order and in Annex “A” of Executive Order No. 254, Series of 2000, shall be subject to the ASEAN CEPT rates under Executive Order 453, Series of 1997, Executive Order 487, Series of 1998, Executive Order 71, Series of 1999 and Executive Order 234, Series of 2000.

Sec. 4. From the date of effectivity of this Order, all articles listed in Annex “A” entered into or withdrawn from warehouses in the Philippines for consumption shall be imposed the rates of duty therein prescribed 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 contrary or inconsistent with this Executive Order are hereby repealed or modified accordingly.

Sec. 6. This Executive Order shall take effect immediately.

Done in the City of Manila, this 3rd day of November, in the year of Our Lord, Two Thousand and One.

ARTICLES GRANTED CONCESSIONS UNDER THE COMMON EFFECTIVE PREFERENTIAL TARIFF (CEPT) FOR THE ASEAN FREE TRADE AREA (AFTA)

HDG H.S. APPLICABLE ASEAN CEPT RATE (%)
NO. CODE DESCRIPTION 1 January of Year
2001 2002 2003
(1) (2) (3) (4) (5) (6)

01.05 Live poultry, that is to say, fowls of the species Gallus

domesticus, ducks, geese, turkeys and guinea fowls.
- Weighing not more than 185 g:

horses, asses, mules or hinnies, fresh, chilled or frozen.
0206.30 00 - Of swine, fresh or chilled 10 10 5
- Of swine, frozen:

smoked; edible flours and meals of meat or meat offal.
- Meat of swine:

fish meat of heading No. 03.04.
- Salmonidae, excluding livers and roes:

- Flat fish (Pleuronectidae, Bothidae,
Cynoglossidae, Soleidae, Scophthalmidae and
Citharidae), excluding livers and roes:

Hippoglossus hippoglossus, Hippoglossus
stenolepis)

- Other fish, excluding livers and roes:

fish meat of heading No. 03.04.
   - Other fresh, excluding livers and roes:

flowers or flower buds, and grasses, mosses and
lichens, being goods of a kind suitable for bouquets
or for ornamental purposes, fresh, dried, dyed,
bleached, impregnated or otherwise prepared.
- Other

edible brassicas, fresh or chilled.

spp.), fresh or chilled.
- Lettuce:

sweet potatoes and similar roots and tubers with
high starch or inulin content, fresh, chilled, frozen
or dried, whether or not sliced or in the form of
pellets; sago pith.

boiling in water, frozen, whether or not containing
added sugar or other sweetening matter.

weighing more than 2 kg or in liquid, paste, powder,
granular or other bulk form in containers or
immediate packings, of a content exceeding 2 kg
- Other, in blocks, slabs or bars:

or other substances) or otherwise prepared, such
as spaghetti, macaroni, noodles, lasagne, gnocchi,
ravioli, cannelloni; couscous, whether or not
prepared.
- Uncooked pasta, not stuffed or otherwise
prepared:

of cereals or cereal products (for example, corn
flakes); cereals (other than maize (corn)) in grain form or
in the form of flakes or other worked grains (except
flour and meal), pre cooked or otherwise prepared,
not elsewhere specified or included

wares, whether or not containing cocoa;
communion wafers, empty cachets of a kind
suitable for pharmaceutical use, sealing wafers, rice
paper and similar products.

by vinegar or acetic acid

than by vinegar or acetic acid, not frozen, other than
products of heading No. 20.06

and fruit or nut pastes, being cooked preparations,
whether or not containing added sugar or other
sweetening matter.
- Other:

otherwise prepared or preserved, whether or not
containing added sugar or other sweetening matter
or spirit, not elsewhere specified or included.
- Other, including mixtures other than those
of subheading No. 2008.19

juices, unfermented and not containing added spirit,
whether or not containing added sugar or other
sweetening matter.

condiments and mixed seasonings; mustard flour
and meal and prepared mustard.

containing added sugar or other sweetening matter
or flavoured, and other non-alcoholic beverages,
not including fruit or vegetable juices of heading
No. 20.09.

by volume of less than 80% vol; spirits, liqueurs and
other spirituous beverages.

tobacco substitutes; “homogenised” or
“reconstituted” tobacco; tobacco extracts and
essences.

tobacco substitutes in any proportion
- Other:

peroxyacids; their halogenated, sulphonated, nitrated or
nitrosated derivatives.
- Aromatic polycarboxylic acids, their anhydrides, halides,
peroxides, peroxyacids and their derivatives:

personal deodorants, bath preparations,
depilatories and other perfumery, cosmetic or toilet
preparations, not elsewhere specified or included;
prepared room deodorisers, whether or not
perfumed or having disinfectant properties.
- Preparations for perfuming or deodorising rooms,
including odoriferous preparations used during
religious rites:

preparations for use as soap, in the form of bars,
cakes, moulded pieces or shapes, whether or not
containing soap; paper, wadding, felt and
nonwovens, impregnated, coated or covered with
soap or detergent.
- Soap and organic surface-active products and
preparations, in the form of bars, cakes, moulded
pieces or shapes, and paper, wadding, felt and
nonwovens, impregnated, coated or covered with
soap or detergent:

coachwork, glass or metal, scouring pastes and
powders and similar preparations (whether or not in
the form of paper, wadding, felt, nonwovens, cellular
plastics or cellular rubber, impregnated, coated or
covered with such preparations), excluding waxes of
heading No. 34.04.

anti-sprouting products and plant-growth
regulators, disinfectants and similar products, put
up in forms or packings for retail sale or as
preparations or articles (for example,
sulphur-treated bands, wicks and candles, and
fly-papers).

or cushion tyres, interchangeable tyre treads and tyre
flaps, of rubber.

brief-cases, school satchels, spectacle cases,
binocular cases, camera cases, musical instrument
cases, gun cases, holsters and similar containers;
travelling-bags, toilet bags, rucksacks, handbags,
shopping-bags, wallets, purses, map-cases,
cigarette-cases, tobacco-pouches, tool bags,
sports bags, bottle-cases, jewelry boxes,
powder-boxes, cutlery cases and similar containers,
of leather or of composition leather, of plastic
sheeting, of textile materials, of vulcanized fibre or
of paperboard, or wholly or mainly covered with
such materials or with paper.
- Trunks, suit-cases, vanity-cases, executive-cases,
brief-cases, school satchels and similar
containers:

- Handbags, whether or not with shoulder strap,
including those without handle:

- Articles of a kind normally carried in the pocket or
in the handbag:

materials
- Other

webs of cellulose fibres, of a kind used for
household or sanitary purposes, in rolls of a width
not exceeding 36 cm, or cut to size or shape;
handkerchiefs, cleansing tissues, towels,
tablecloths, serviettes, napkins for babies,
tampons, bed sheets and similar household,
sanitary or hospital articles, articles of apparel and
clothing accessories, of paper pulp, paper, cellulose
wadding or webs of cellulose fibres.

bearing personal greetings, messages or
announcements, whether or not illustrated, with or
without envelopes or trimmings.

photographs.
- Other:

- Containing 85% or more by weight of artificial
staple fibers:

textile fibres, not exceeding 5mm in length (flock),
textile dust and mill neps.

liners for babies and similar sanitary articles, of
wadding
- Wadding; other articles of wadding:

not tufted or flocked, whether or not made up,
including “Kelem”, “Schumacks”, “Karamanie” and
similar hand-woven rugs.
- Other, of pile construction, made up:

Aubusson, Beauvais and the like, and needle-worked
tapestries (for example, petit point, cross stitch),
whether or not made up.

laminated with plastics, other than those of heading
No. 59.02.

5903.10 00 - With polyvinyl chloride 5 5 5
5903.90 00 - Other 5 5 5

trousers, bib and brace overalls, breeches and
shorts (other than swimwear), knitted or crocheted.
- Suits:

6103.19 00  - - Of other textile materials   5 5 5
   - Trousers, bib and brace overalls, breeches and
  shorts:
6103.42 00 - - Of cotton 5 5 5
6103.43 00 - - Of synthetic fibres   5 5 5

dresses, skirts, divided skirts, trousers, bib and
brace overalls, breeches and shorts (other than
swimwear), knitted or crocheted.
- Skirts and divided skirts:

6104.52 00 - - Of cotton 5 5 5
6104 59 00 - - Of other textile materials 5 5 5
- Trousers, bib and brace overalls, breeches
  and shorts:
6104.62 00 - - Of cotton 5 5 5
6104.63 00 - - Of synthetic fibres 5 5 5

pyjamas, bathrobes, dressing gowns and similar
articles, knitted or crocheted.
- Underpants and briefs:

6107.11 00 - - Of cotton 5 5 5

nightdresses, pyjamas, negligees, bathrobes
dressing gowns and similar articles, knitted or
crocheted.
- Briefs and panties:

6108.21 00 - - Of cotton   5 5 5

6114.20 00 - Of cotton 5 5 5
6114.90 00 - Of other textile materials    5 5 5

cloaks, anoraks (including ski-jackets),
wind-cheaters, wind-jackets and similar articles,
other than those of heading No. 62.03.
- Overcoats, raincoats, car-coats, capes, cloaks
and similar articles:

6201.19 00 - - Of other textile materials  5 5 5
- Other:
6201.92 00 - - Of cotton    5 5 5
6201.93 00 - - Of man-made fibres   5 5 5
6201.99 00 - - - Of other textile materials 5 5 5

cloaks, anoraks (including ski-jackets),
wind cheaters, wind-jackets and similar articles,
other than those of heading No. 62.04.
- Other

6202.99 00 - - Of other textile materials 5 5 5

trousers, bib and brace overalls, breeches and
shorts (other than swimwear).
- Suits:

6203.12 00 - - Of synthetic fibres 5 5 5
6203.19 00 - -Of other textile materials   5 5 5
  - Ensembles:
6203.29 00 - - Of other textile materials   5 5 5
- Jackets and blazers:
6203.32 00 - - Of cotton   5 5 5
6203.33 00 - - Of synthetic fibres 5 5 5
6203.39 00 - - Of other textile materials   5 5 5
  - Trousers, bib and brace overalls, breeches and
   shorts:
6203.42 00 - - Of cotton     5 5 5
6203.43 00 - - Of synthetic fibres   5 5 5
6203.49 00 - - Of other textile materials  5 5 5

dresses, skirts, divided skirts, trousers, bib and
brace overalls, breeches and shorts (other than
swimwear).
- Suits:

6204.12 00 - - Of cotton  5 5 5
6204.13 00 - - Of synthetic fibres 5 5 5
6204 19 00 - - Of other textile materials   5 5 5
  - Ensembles:
6204.22 00 - - Of cotton     5 5 5
6204.23 00 - - Of synthetic fibres   5 5 5
6204.29 00 - - Of other textile materials     5 5 5
- Jackets and blazers:
6204.32 00 - - Of cotton   5 5 5
6204.33 00 - - Of synthetic fibres    5 5 5
6204.39 00 - - Of other textile materials     5 5 5
  - Skirts and divided skirts:
6204.52 00 - - Of cotton   5 5 5
6204.53 00 - - Of synthetic fibres    5 5 5
6204.59 00 - - Of other textile materials 5 5 5
  - Trousers, bib and brace overalls, breeches and
   shorts:
6204.62 00 - - Of cotton     5 5 5

underpants, briefs, nightshirts, pyjamas, bathrobes,
dressing gowns and similar articles.
- Underpants and briefs:

6207.11 00     - - Of cotton 5 5 5
6207.19 00 - - Of other textile materials 5 5 5
  - Nightshirts and pyjamas:
6207.29 00 - - Of other textile materials  5 5 5
   - Other:
6207.99 00 - - Of other textile materials  5 5 5

petticoats, briefs, panties, nightdresses, pyjamas,
negligees, bathrobes, dressing gowns and similar
articles.
- Slips and petticoats:

6208.11 00 - - Of man-made fibres 5 5 5
6208.19 00 - - Of other textile materials   5 5 5
- Nightdresses and pyjamas:
6208.21 00 - - Of cotton 5 5 5
6208.22 00 - - Of man-made fibres 5 5 5
6208.29 00 - - Of other textile materials    5 5 5
- Other
6208.91 00 - - Of cotton 5 5 5
6208.92 00 - - Of man-made fibres   5 5 5
6208.99 00 - - Of other textile materials 5 5 5

6209.20 00 - Of cotton   5 5 5
6209.30 00 - Of synthetic fibres 5 5 5
6209.90 00 - Of other textile materials  5 5 5

56.03, 59.03, 59.06 or 59.07.

6210.30 00 - Other garments, of the type described in 5 5 5
  subheadings 6202.11 to 6202.19
6210.40 00 - Other men’s or boys’ garments   5 5 5
6210.50 00 - Other women’s or girls’ garments   5 5 5

garments.
- Swimwear:

6211.11 00 - - Men’s or boys’ 5 5 5
6211.12 00 - - Women’s or girls’   5 5 5
- Other garments, men’s or boys’:
6211.32 00 - - Of cotton    5 5 5
6211.33 00 - - Of man-made fibres     5 5 5
6211.39 00 - - Of other textile materials   5 5 5
- Other garments, women’s or girls’:
6211.42 00 - - Of cotton    5 5 5
6211.43 00 - - Of man-made fibres 5 5 5
6211.49 00 - - Of other textile materials   5 5 5

garters and similar articles and parts thereof,
whether or not knitted or crocheted.

6212.10 00 - Brassieres   5 5 5
6212.90 00 - Other   5 5 5

6213.20 00 - Of cotton 5 5 5
6213.90 00 - Of other textile materials     5 5 5

- Other bed linen, printed:

6302.21 00 - - Of cotton   5 5 5
6302.22 00 - - Of man-made fibres    5 5 5
  - Other bed linen:
6302.31 00 - - Of cotton   5 5 5
6302.39 00 - - Of other textile materials     5 5 5
- Other table linen
6302.51 00 - - Of cotton   5 5 5
6302.59 00 - - Of other textile materials  5 5 5
6302.60 00  - Toilet linen and kitchen linen, of terry towelling or 5 5 5
   similar terry fabrics, of cotton

curtain or bed valances.
- Knitted or crocheted:

6303.11 00 - - Of cotton  5 5 5
6303.12 00 - - Of synthetic fibres   5 5 5
6303.19 00 - - Of other textile materials    5 5 5
  - Other
6303.99 00 - - Of other textile materials   5 5 5

No. 94.04.
- Bedspreads:
6304.11 00 - - Knitted or crocheted 5 5 5
6304.19 00 - - Other 5 5 5
- Other
6304.91 00 - - Knitted or crocheted   5 5 5
6304.92 00 - - Not knitted or crocheted, of cotton   5 5 5
6304.93 00 - - Not knitted or crocheted, of synthetic fibres 5 5 5
6304.99 00 - - Not knitted or crocheted, of other textile 5 5 5
   materials

boats, sailboards or landcraft, camping goods.
- Tarpaulins, awnings and sunblinds:

6306.12 00 - - Of synthetic fibres     5 5 5
6306.19 00 - - Of other textile materials 5 5 5
    - Tents:
6306.22 00 - - Of synthetic fibres     5 5 5

6307.10 00    - Floor-cloths, dish-cloths, dusters and similar 5 5 5
cleaning cloths
6307.20 00     - Life jackets and life-belts  5 5 5
6307.90   - Other:
6307.90 90 - - - Other 5 5 5

or not with accessories, for making up into rugs,
tapestries, embroidered table cloths or serviettes,
or similar textile articles put up in packings for retail
sale.

cables and worn out articles of twine, cordage,
rope or cables, of textile materials.

6310.10 00 - Sorted     15 15 5
6310.90 00 - Other     15 15 5

rubber or of plastics, the uppers of which are neither
fixed to the sole nor assembled by stitching,
riveting, nailing, screwing, plugging or similar
processes.

6401.10 00 - Footwear incorporating a protective metal  5 5 5
  toe-cap
- Other footwear:
6401.92 00 - - Covering the ankle but not covering the knee   5 5 5
6401.99 00 - - Other 5 5 5

   rubber or of plastics.
   - Sports footwear:

6402.19 00 - - Other    5 5 5
6402.20 00  - Footwear with upper straps of thongs assembled 5 5 5
   into the sole by means of plugs
6402.30 00 - Other footwear, incorporating a protective metal 5 5 5
  toe-cap
- Other footwear:
6402.91 00 - - Covering the ankle     5 5 5
6402.99 00 - - Other    5 5 5

leather or composition leather and uppers of
leather.
- Sports footwear:

6403.19 00 - - Other 5 5 5
6403.20 00 - Footwear with outer soles of leather, and uppers 5 5 5

  which consist of leather straps across the instep
   and around the big toe

6403.30 00 - Footwear made on a base or platform of wood, not 5 5 5
   having an inner sole or protective metal
  toe-cap
6403.40 00 - Other footwear, incorporating a protective metal 5 5 5
  toe-cap
- Other footwear with outer soles of leather:
6403.59 00 - - Other 5 5 5
  - Other footwear:
6403.91 00 - - Covering the ankle     5 5 5
6403.99 00 - - Other 5 5 5

leather or composition leather and uppers of textile
materials.
- Footwear with outer soles of rubber or
plastics:

6404.11 00 - - Sports footwear; tennis shoes, basketball shoes, 5 5 5
  gym shoes, training shoes and the like
6404.19 00 - - Other   5 5 5
6404.20 00 - Footwear with outer soles of leather or   5 5 5
composition leather

6405.10 00 - With uppers of leather or composition 5 5 5
leather
6405.20 00 - With uppers of textile materials   5 5 5
6405.90 00 - Other 5 5 5

made up from lace, felt or other textile fabric, in the
piece (but not in strips), whether or not lined or
trimmed; hair-nets of any material, whether or not
lined or trimmed.

6505.10 00 - Hair-nets     5 5 5

- Other:

6506.99 00 - - Of other materials   5 5 5

frames, peaks and chinstraps, for headgear.

slate) and articles thereof, other than goods of
heading No. 68.01; mosaic cubes and the like, of
natural stone (including slate), whether or not on a
backing; artificially coloured granules, chippings and
powder, of natural stone (including slate).
6802.10 00 - Tiles, cubes and similar articles, whether or not   5 5 5
rectangular (including square), the largest surface
area of which is capable of being enclosed in a
square the side of which is less than 7 cm;
artificially coloured granules, chippings and
powder
- Other:

6802.91 00 - - Marble, travertine and alabaster 5 5 5
6802.93 00 - - Granite   5 5 5

vegetable fibre, of straw or of shavings, chips,
particles, sawdust or other waste, of wood,
agglomerated with cement, plaster or other mineral
binders.

stone, whether or not reinforced.
- Other articles:

6810.91 00 - - Prefabricated structural components for building 5 5 5
  or civil engineering
6810.99 00 - - Other    5 5 5

fibre-cement or the like.

6811.90 00 - Other articles   5 5 5

tiles; unglazed ceramic mosaic cubes and the like,
whether or not on a backing.
6907.10 00 - Tiles, cubes and similar articles, whether or not     5 5 5

rectangular, the largest surface area of which is
capable of being enclosed in a square the side of
which is less than 7 cm

office, indoor decoration or similar purposes (other
than that of heading No. 70.10 or 70.18).
7013.10 00    - Of glass-ceramics   5 5 5
   - Drinking glasses other than of glass-ceramics:
7013.29 00 - - - Other   5 5 5
70.19 Glass fibres (including glass wool) and articles
   thereof (for example, yarn, woven fabrics).
7019.90    - Other:
7019.90 90 - - - Other 5 5 5
70.20 7020.00     Other articles of glass.
7020.00 90 - - - Other   5 5 5