The proposed order providing Philippine rules on the admission, movement and withdrawal of container vans has been drafted by the Bureau of Customs (BOC) and the Department of Finance and is up for public review.
The draft customs administrative order (CAO) institutionalizes a system of accounting and monitoring of movement of all incoming and outgoing containers utilizing information and communications technology under Section 109 of Republic Act 10863, otherwise known as the Customs Modernization and Tariff Act (CMTA).
Stakeholders have until June 22 to submit their position papers on the proposed order. A public consultation on the same day will be held.
Under the draft, all shipping lines, immediately after arrival of the carrying vessel, shall furnish the Customs Container Control Division (CCCD), Port Operations Division (POD) or equivalent unit, a copy of Discharging Sequence (loaded containers) with the required information.
A Copy of the Discharging Sequence for empty containers shall be submitted separately.
No discharging of containers shall be allowed unless the prescribed Discharging Sequence is provided by the shipping line agent.
Prior to loading and departure of the carrying vessel, the concerned shipping line shall furnish the Loading Sequence of both loaded and empty containers and approved Special Permit to Load (SPL) to the CCCD, POD or equivalent unit.
Empty containers covered by SPL shall be listed in a separate Loading Sequence. Shipments under the Foreign Ships Co-loading Act shall be included in the Loading Sequence for loaded containers.
Prior to loading and departure, shipping lines should also submit one set of copies of the Loading Sequence and SPL to the Inspector on Board (Bay Service) and the other set to the Loading Inspector (CCCD) for validation with his/her container arrival and container delivery confirmation file to be provided by the port operator.
“No loading of containers shall be allowed unless the Loading Sequence/ SPL be provided by the shipping line agent,” the draft CAO stated.
Aside from the hard copies, all documentary requirements to be furnished by the shipping lines shall also be electronically sent to the concerned BOC offices.
Containers arriving whether loaded or empty shall be re-shipped or re-exported within 120 days from the date of last discharge. This may be extended by the port collector for a period of 30 days if the container is being repaired for serious damage; containers are being held in custody by BOC for suspected violation of customs laws, rules and regulations; and containers are still loaded with import cargoes which have not been cleared by BOC.
Containers which have not been re-exported by the deadline shall be treated as an import. The owner or possessor of the container has the obligation to file goods declaration and pay necessary duties and taxes and penalty, if any.
In case payment of taxes and penalty have not been made within the allowable period shall be liable to the issuance of Warrant of Seizure and Detention.
Violation of the proposed order will be meted with penalty accordingly on a one-year basis. For the first offense, a penalty of P10,000 will be imposed. For the second offense, P20,000 will be levied while a third offense will be imposed with P30,000. – Roumina Pablo
