Title Iv. Import Clearance and Formalities: Customs Management 4 - Module 1 - Part 2

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TITLE IV.

IMPORT
CLEARANCE AND
FORMALITIES
CUSTOMS MANAGEMENT 4 | MODULE 1 - PART 2
CHAPTER 1

Topics GOODS DECLARATION

CHAPTER 2

EXAMINATION OF GOODS

CUSTOMS MANAGEMENT 4 | MODULE 1 - PART 2


Chapter 1
GOODS DECLARATION
SECTION 400
GOODS TO BE IMPORTED
THROUGH CUSTOMS OFFICE

All goods imported into the Philippines shall be


entered through a customs office at a port of
entry, or may be admitted to or removed
from a free zone as defined in this Act, as the
case may be.
SECTION 401
IMPORTATIONS SUBJECT TO
GOODS DECLARATION
Unless otherwise provided for in this Act, all
imported goods shall be subject to the
lodgement of a goods declaration. A goods
declaration may be for consumption, for
customs bonded warehousing, for admission,
for conditional importation, or for customs
transit.
GOODS
DECLARATION
shall refer to a statement made in the manner
prescribed by the Bureau and other appropriate
agencies, which the persons concerned indicate
the procedure to be observed in the
application for the entry or admission of
imported goods and the particulars of which the
customs administration shall require.

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


TYPES OF GOODS
DECLARATION
Consumption
Transit
Warehousing
Admission
Conditional Importation

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


LODGEMENT
shall refer to the electronic registration of a
goods declaration with the Bureau, in a manner
prescribed under customs law, rules and
regulations.

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


SECTION 402
GOODS DECLARATION FOR
CONSUMPTION
All goods declaration for consumption shall be
cleared through a formal entry process except
for the following goods which shall be cleared
through an informal entry process:

(a) Goods of a commercial nature with Free on Board (FOB) or


Free Carrier At (FCA) value of less than fifty thousand pesos
(P50,000.00). Every three (3) years after the effectivity of this
Act, the Secretary of Finance shall adjust this amount as
provided herein to its present value, using the Consumer Price
Index (CPI) as published by the PSA; and
SECTION 402
GOODS DECLARATION FOR
CONSUMPTION
All goods declaration for consumption shall be
cleared through a formal entry process except
for the following goods which shall be cleared
through an informal entry process:

(b) Personal and household effects or goods, not in commercial


quantity, imported in a passenger's baggage or mail.

The Commissioner may adjust the value of goods of commercial


nature that shall be cleared through an informal entry process
without prejudice to the periodic adjustment period in
subparagraph (a) of this section.
GOODS OF
COMMERCIAL
NATURE
shall refer to goods that are intended to be used
solely for commercial purpose, including but not
limited to, sale lease hire or barter.

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


NON-COMMERCIAL
GOODS
shall refer to good, not otherwise falling under
the definition of personal and household effects
that are not intended to be used for any
commercial purposes, including sale, lease, hire
or barter.

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


SECTION 402
GOODS DECLARATION FOR
CONSUMPTION
All importations entered through a formal entry
process shall be covered by a letter of credit
or any verifiable commercial document
evidencing payment or in cases where there is
no sale for export, by any commercial
document indicating the commercial value of
the goods.
SECTION 403
PROVISIONAL GOODS
DECLARATION
Where the declarant does not have all the
information or supporting documents required to
complete the goods declaration, the lodging of a
provisional goods declaration may be allowed:
Provided, That (1) it substantially contains the
necessary information required by the Bureau and (2)
the declarant undertakes to complete the information
or submit the supporting documents within forty-
five (45) days from the filing of the provisional
goods declaration, which period may be extended
by the Bureau for another forty-five (45) days for
valid reasons.
When no regulatory permit, clearance or
license has been presented at the time of
lodgement, provided that the importer has
filed his application for such permit clearance
Lodgement of Provisional Goods or license, prior to or after the arrival of the
Declaration may be allowed in the goods into the Philippines, depending on the
policy of the concered regulatory agency.
following circumstances:

In cases where the permit, license or clearance


may be secured after the arrival of the
shipment, PGD may be allowed provided that
the period to submit the same shall be in
accordance with the requirement of the
regulatory agency.

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


Lodgement of Provisional Goods
When the Tax Exemption Indorsement (TEI)
Declaration may be allowed in the from the DOF, or the Tax Exempt Certificate
following circumstances: (TEC) of Authority to Release Imported Goods
(ATRIG) from the BIR has not been issued yet,
provided an application has already been filed
at the time of lodgement

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


In case Relief Consignment

Lodgement of Provisional Goods


Declaration may be allowed in the
following circumstances: Any other situation where the
declarant lacks certain
information or document to make
a complete goods declaration,
provided it is not due to the
declarant’s negligence or fault,
and provided further that the
mandatory information and
documents are present.

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


SECTION 403
PROVISIONAL GOODS
DECLARATION
If the Bureau accepts a provisional goods declaration,
the duty treatment of the goods shall not be different
from that of goods with complete declaration.

Goods under a provisional goods declaration may be


released upon posting of any required security
equivalent to the amount ascertained to be the
applicable duties and taxes.
SECTION 404
OWNER OF IMPORTED
GOODS
Who is the owner of imported goods?

1. The consignee;
2. The Holder of the bill of lading, airway bill or
other equivalent transport document.
a. If duly endorsed by the consignee therein, or
b. If consigned to order, duly endorsed by the
consignor.
SECTION 404
OWNER OF IMPORTED
GOODS
Who is the owner of imported goods?

3. The underwriters of:


a. Abandoned goods and
b. The salvors of goods saved from wreck at sea,
coast, or any area of the Philippines, may be
regarded as the consignees.
SECTION 405
LIABILITY OF IMPORTER FOR
DUTIES AND TAXES
Unless relieved by laws or regulations, the liability for
duties, taxes, fees, and other charges attached to
importation (1) constitutes a personal debt due
and demandable against the importer in favor of the
government and shall be discharged only upon
payment of duties, taxes, fees and other charges.
It also (2) constitutes lien on the imported goods
which may be enforced while such goods are under
customs' custody.
SECTION 406
IMPORTATIONS BY THE
GOVERNMENT
Except those provided for in Section 800 of this
Act, all importations by the government for its own
use or that of its subordinate branches or
instrumentalities, or corporations, agencies or
instrumentalities owned or controlled by the
government, shall be subject to the duties, taxes,
fees and other charges under this Act.
SECTION 407
GOODS DECLARATION AND
PERIOD OF FILING
As far as practicable, the format of the goods
declaration shall conform with international
standards. The data required in the goods
declaration shall be limited to such particulars that
are deemed necessary for the (1) assessment and
collection of duties and taxes, (2) the compilation of
statistics and (3) compliance with this Act. The Bureau
shall require the electronic lodgement of the goods
declaration.
SECTION 407
GOODS DECLARATION AND
PERIOD OF FILING

The Bureau shall only require supporting documents


necessary for customs control to ensure that all
requirements of the law have been complied with.
Translation of supporting documents shall not be
required except when necessary.
SECTION 407
GOODS DECLARATION AND
PERIOD OF FILING

Goods declaration must be lodged within fifteen


(15) days from the date of discharge of the last
package from the vessel or aircraft. The period to
file the goods declaration may, upon request, be
extended on valid grounds for another fifteen (15)
days: Provided, That the request is made before the
expiration of the original period within which to file
the goods declaration: Provided, however, That the
period of the lodgement of the goods declaration
maybe adjusted by the Commissioner.
1. Fraud committed against the owner,
importer or consignee.
Under CAO 9-2020, the following are 2. Accident
3. Mistake
considered valid grounds 4. Excusable Negligence
5. Force majeure
6. Technial issues as certified by the MISTG
7. Other analogous circumstances

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


Under CMO 9 - 2012, manual 1. Computer systems breakdown
2. Power failure which renders the computer
processing of import entries shall be system non-operational
made only on the following 3. The AAB is off-line
instances: 4. Upon authorization by the BOC Deputy
Commissioner for MISTG

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


SECTION 408
LODGEMENT AND
AMENDMENT OF GOODS
DECLARATION
The Bureau shall permit the electronic lodgement of
the goods declaration at any designated customs
office. The Bureau shall, for valid reason and under
terms and conditions provided by regulation, permit
the declarant to amend the goods declaration that
has already been lodged: Provided, That the request
to amend the goods declaration, together with the
intended amendments, must be received prior to
final assessment or examination of the goods.
1. Inadvertent Error (refer to a mechanical,
Amendment of the goods electronic or clerical error committed
unintentionally by the importer and
declaration may be allowed based occurred notwithstanding the maintenance
on the following grounds: or internal controls necessary to avoid
such errors)
2. Amendment of e-IFM; or
3. Mistakes or omissions in good faith in the
lodgement of the goods declaration
without any fraudulent intent.

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


POST MODIFICATION
OF SAD (PMS)
is a process used when it is necessary to revise
the data in the SAD.

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


1. Customs Office Code
2. Model Declaration/ General Procedure Code
(BOX 1)
3. Importer’s Reference Number/TIN No. (Box 8)
4. Declarant ‘s Reference Number/TIN No. (Box
14)
5. Registry/Manifest Number (Box 18)
All the data in the SAD can be 6. Bill of Lading (Box 40a)
modified except the following: 7. Type of Package (Box 31)
8. Number of Packages (Box 31 and Box 6)
9. Gross Weight (Box 35)
10. Container Reference Number (Box 31)
11. Warehouse (Box 49)
12. All entries of data in the attached document
Page
13. All entries or data in the Terms of Payment
(TOP) Page

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


SAD CANCELLATION
is a process used when it is necessary to revise
data in the assessed SAD which cannot be done
under PMS.

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


1. If the ground relied on for the request of SC is
e2m exceptional error or MISTG related errors,
the approval of the Deputy Commissioner,
AOCG shall no longer be required.
SC requests on the ground of e2m 2. Instead, the District Collector must ensure that
exceptional errors or other MISTG a Certification from the proper office from the
related errors Management System and Technological Group
(MISTG) is acquired before SC is effected.
3. All certifications issued by MISTG personnel
shall be strictly monitored by the Technical
Support Division, Technology Management
Service, MISTG. Such reports shall be
forwarded to the AOCG for monitoring and
review.

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


SECTION 409
ADVANCE LODGEMENT AND
CLEARANCE
The Bureau may provide for the lodgement and
clearance of goods declaration and supporting
documents prior to the arrival of the goods under
such terms and conditions as may be provided by
rules and regulations to be promulgated under this
Act.
1. Express Shipments
2. SGL Program
3. Authorized Economic Operator (AEO) Program
4. Bulk and Break Bulk Cargo Clearance and
Lodgement of Goods Declaration Enhancement Program (BBBCCEP)
and Clearance allowed prior to
arrival
Note: In actual practice as long as the carrying
vessel/aircraft has submitted the IFM and
registry number is secured goods declaration
may be lodged even before arrival of vessel

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


SECTION 410
ENTRY OF GOODS IN PART
OF CONSUMPTION AND IN
PART OF WAREHOUSING
Goods declaration covered by one bill of lading or
airway bill over goods which are meant in part for
consumption and in part for warehousing may be
both entered simultaneously for release at the port of
entry.
SECTION 411
CONTENTS OF GOODS
DECLARATION

Except as otherwise provided for in Section 5.7.5 of


CAO 09-2020 covering the rules on provisional goods
declaration shall contain the following:
1. Name of Consignee;
2. Name of the importing vessel or aircraft;
3. Country of Origin;
4. Port of Departure;
5. Port of Destination;
6. Date of Arrival;
7. The number and marks of packages, or the
quantity, if in bulk;
SECTION 411
CONTENTS OF GOOD
DECLARATION

Except as otherwise provided for in Section 5.7.5 of


CAO 09-2020 covering the rules on provisional goods
declaration shall contain the following:
8. The nature and correct commodity description of
the goods contained therein.
9. The value of the goods for customs valuation
purposes. This may include goods imported but not
covered by sale, such as goods on consignment or
lease, samples, or donations, covered by a
consignment, pro forma invoice, or other non-
commercial invoice.
SECTION 411
CONTENTS OF GOOD
DECLARATION

Except as otherwise provided for in Section 5.7.5 of


CAO 09-2020 covering the rules on provisional goods
declaration shall contain the following:
10. The quantities in the weights or measures of the
goods shipped;
11. Adjustments, as may be required in determining
the transaction value; and
12. Such other information as may be required by
rules and regulations.
SECTION 412
STATEMENTS TO BE
PROVIDED IN THE GOODS
DECLARATION
No entry of imported goods shall be allowed unless the
goods declaration has been lodged with the Bureau. The
goods declaration shall, under penalties of falsification or
perjury, contain the following statements:

a. The invoice and goods declaration contain an accurate and


faithful account of the prices paid or payable for the goods and
other adjustments to the price actually paid or payable, and that
nothing has been omitted therefrom or concealed whereby the
government of the Republic of the Philippines might be
defrauded of any part of the duties and taxes lawfully due on
the goods; and
SECTION 412
STATEMENTS TO BE
PROVIDED IN THE GOODS
DECLARATION
No entry of imported goods shall be allowed unless the
goods declaration has been lodged with the Bureau. The
goods declaration shall, under penalties of falsification or
perjury, contain the following statements:

(b) To the best of the declarant's information and belief, all the
invoices and bills of lading or airway bills relating to the goods
are the only ones in existence relating to the importation in
question, and that these documents are in the same state as
when they were received by the declarant, and the declaration
thereon are in all respects genuine and true.
SECTION 412
STATEMENTS TO BE
PROVIDED IN THE GOODS
DECLARATION
Goods declaration shall be submitted electronically
pursuant to Republic Act No. 8792, otherwise
known as the "Electronic Commerce Act of 2000".
Such declarations when printed and certified by a
competent customs officer as a faithful reproduction
of the electronic submission shall be considered as
actionable documents for purposes of prosecuting
a declarant if the declarations are found to be
fraudulent.
SECTION 413
DESCRIPTION OF GOODS

Under such terms and conditions prescribed under the


rules and regulations, the description of the goods in
the goods declaration must be sufficient and specific
in detail to enable the goods to be identified for (1)
customs valuation, (2) statistical purposes, and (3)
classification to the appropriate tariff heading and
subheading in the currency of the invoice, and (4) in
such other particulars necessary for the proper
assessment and collection of duties and taxes. The
quantity and value of each of the several classes of
goods shall be separately declared according to their
respective headings or subheadings and the totals of
each heading or subheading shall be duly shown.
General Description

The description of articles must be in Pertains to the generic name or general name of
the product (e.g. pump, engine, milk, bag etc.)
sufficient detail to enable the
articles to be identified for tariff Specific Description
classification,valuation and other
statistical purposes including the Pertains to the specific description of number 1
(e.g. centrifugal (for pump), diesel (for engine),
following: skimmed (for milk), shoulder (for bag), etc.)

Make/Brand

Refers to the brand name product (e.g. Caterpillar,


Nike, Gucci, Honda, etc.)

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


Model/Style

The model number, style, reference and other


reference (e.g. “CRV 2007” for a Honda Civi Car,
The description of articles must be in model “Thinkpad 3000” for a Lenovo notebook,
model “E90” for a Nokia Cellular phone, etc.)
sufficient detail to enable the
articles to be identified for tariff
Capacity/Quality/Grade/Process
classification,valuation and other
statistical purposes including the The capacity, output, horsepower, or other
following: indication of size and performance, among
other of the product (e.g. 200h.p., 10kw, 120
watts rms, etc.) ; or the description of quality,
grade specification or applicable standard (e.g.
technical grade 95%, JIS G 310 1/87 SS 41. etc.); or
process by which the product is manufactured
(e.g. suspension, emulsion, dispersion, etc.)

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


Retail Packaging
The description of articles must be in
This pertains to the detailed packaging or measure
sufficient detail to enable the within the unit used (e.g. 12x1L bottles, 24x300 oz
articles to be identified for tariff cans, 150kg bags, etc.)
classification,valuation and other
statistical purposes including the If the said details, are not provided for the invoice,
following: an accompanying inspection report with the above
details must be submitted as part of the working
copy of the entry.

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 1


SECTION 414
COMMERCIAL AND
NONCOMMERCIAL INVOICE
Commercial invoice of imported goods shall contain
the following:

(a) The agreed price paid or to be p aid for the goods;


(b) The adjustments to the price paid or to be paid as
defined in Section 701(1) of this Act, if not yet included in
the invoice, as may be applicable;
(c) The names of the buyer, seller, and the time and place
of sale;
(d) The port of entry;
SECTION 414
COMMERCIAL AND
NONCOMMERCIAL INVOICE
Commercial invoice of imported goods shall contain
the following:
(e) A sufficient description to enable the accurate
identification of goods for tariff classification, customs
valuation, and statistical purposes, indicating the correct
commodity description, in customary term or commercial
designation, the grade or quality, numbers, marks or
symbols under which they are sold by the seller or
manufacturer, together with the marks and number of
packages in which the goods are packed;
(f) The quantities in the weights or measures of the goods
shipped; and
SECTION 414
COMMERCIAL AND
NONCOMMERCIAL INVOICE
Commercial invoice of imported goods shall contain
the following:
(g) Any other fact deemed necessary for the proper
examination, customs valuation, and tariff classification of
the goods as may be prescribed by rules and regulations.

To the extent possible, the above requirements shall also


apply to goods imported but not covered by sale, such as
goods on consignment or lease, samples, or
donations, covered by a consignment, pro forma
invoice, or or other non-commercial invoice.
SECTION 415
MODE OF PAYMENT AND
TERMS OF TRADE
Subject to existing laws and rules on foreign currency
exchange, the internationally accepted standards and
practices on the mode of payment or remittance
covering import and export transactions, including
standards developed by international trading bodies
such as the International Chamber of Commerce
(ICC) on trading terms (incoterms) and on
international letters of credit such as the Uniform
Customs and Practice for Documentary Credits
(UCPDC), shall be recognized
SECTION 416
EXAMINATION OF SAMPLES

Customs officers shall see to it that (1) representative


samples taken during examination (2) shall be
properly receipted for and retained within a
reasonable period of time. (3) The quantity and value
of the samples taken shall be noted in the specified
box of goods declaration or electronic form. (4) Such
samples shall be duly labeled as will definitely identify
them with the importation for which they are taken.
SECTION 417
FORWARDING OF CARGO
AND REMAINS OF WRECKED
VESSEL OR AIRCRAFT
When vessels or aircrafts are wrecked within the
Philippines, the original owners or consignees of the
cargo, or by its underwriters, in ease of
abandonment, may seek approval from the Bureau to
forward the goods saved from the wreck to the ports
of destination without going through, the
customs office in the district in which the goods
were cast ashore or unloaded. Upon approval, the
goods may be forwarded with particular manifests
and duly certified by a customs officer in charge of
the goods.
SECTION 417
FORWARDING OF CARGO
AND REMAINS OF WRECKED
VESSEL OR AIRCRAFT
The owner of the vessel or aircraft may be permitted
to export the remains of the wreck upon proper
examination and inspection. The remains of a
wrecked vessel shall include not only its hull and
rigging, but also all sea stores, goods and equipment,
such as sails, ropes and chain anchors.
SECTION 418
DERELICTS AND GOODS
FROM ABANDONED WRECKS
Derelicts and all goods recovered from sea or from
abandoned wrecks shall be under the jurisdiction of
the port where the goods arrive, and shall be
retained in the custody of the Bureau. If not
claimed by the owner, underwriter or salvor, the
same shall be deemed as property of the
government.
SECTION 418
DERELICTS AND GOODS
FROM ABANDONED WRECKS
When such goods are brought into port by lighters or
other craft, each vessel shall submit a manifest of
their respective cargo.

The customs officer nearest the scene of the wreck


shall take charge of the goods saved and shall give
immediate notice to the District Collector or the
nearest customs office.

In order to prevent any attempt to commit fraud, the


District Collector shall be represented at the salvage
of the cargo by customs officers who shall examine
and receive the inventory made on the cargo.
SECTION 418
DERELICTS AND GOODS
FROM ABANDONED WRECKS
Derelicts and goods salvaged from foreign vessels or
aircrafts recovered from sea or wreck are prima facie
dutiable and may be entered for consumption or
warehousing.

If claimed to be of Philippine production, and


consequently conditionally duty-free, proof must be
submitted as in ordinary cases of reimportation of goods.

Foreign goods landed from a vessel or aircraft in distress


is dutiable if sold or disposed of in the Philippines.
SECTION 418
DERELICTS AND GOODS
FROM ABANDONED WRECKS
Before any goods taken from a recent wreck are admitted
to the customs territory, the same shall be appraised,
and the owner or importer shall have the same right to
appeal as in ordinary importation.

No part of a Philippine vessel or aircraft or its equipment,


wrecked either in Philippine or foreign waters, shall be
subject to duty.
Chapter 2
EXAMINATION OF GOODS
SECTION 419
EXAMINATION OF GOODS

Examination of goods, when required by the Bureau,


shall be conducted immediately after the goods
declaration has been lodged. Priority in the
examination shall be given to live animals, perishable
goods and other goods requiring immediate
examination.

Whenever necessary, a system of coordination and


joint examination of goods shall be established by
the Bureau and other regulatory agencies under
existing laws and regulations.
SECTION 419
EXAMINATION OF GOODS
As a general rule, the Bureau may examine the goods in
the presence of the declarant or an authorized
representative. Examination of the goods in the absence of
the declarant or authorized representative may be allowed
in exceptional circumstance and for valid and
justifiable grounds, as may be defined by regulations
promulgated by the Secretary of Finance, upon
recommendation of the Commissioner.

The Bureau may require the declarant to be present or to


be represented at the examination of the goods or to
render any assistance necessary to facilitate the
examination. The Bureau shall take samples of the goods
only when needed to establish the tariff description and
value of goods declared, or to ensure compliance with this
Act. Samples drawn shall be as minimal as possible
1.The importer or his authorized representative
2.One authorized CIIS representative
3.One authorized ESS representative
The following persons are authorized 4.Representative of government agencies in case
to witness the conduct of physical of regulated commodities
examination: 5.Duly designated Import Commodity Expert per
CMO 9-1999
6.Representative of the X-ray Inspection Project
for shipments tagged as “suspect” or have image
irregularities after x-ray inspection.

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 2


SECTION 420
CONDITIONS FOR EXAMINATION
Physical examination of the goods shall be
conducted when:

(a) It is directed by the Commissioner on account of a


derogatory information;
(b) The goods are subject to an Alert Order issued by
competent authority;
(c) The goods are electronically selected for physical
examination;
(d) There are issues and controversies surrounding the
goods declaration and the import clearance process; or
(e) The importer or declarant requests for the
examination of the goods.
(f. )When the image result after non-intrusive inspection
raises suspicion of irregularity that required further
physical examination. (CAO 09-2020)
SECTION 420
CONDITIONS FOR EXAMINATION
The Commissioner may exempt the physical
examination of the goods when:

1. The goods belong to an Authorized Economic


Operator
2. The goods are covered by existing trade facilitation
program of the BOC.
a.Prior to lodgement of goods declaration, upon
justifiable grounds, as may be determined by the
Commissioner, or

b.After lodgement of goods declaration, when


there are issues and controversies surrounding
the goods declaration and import clearance
process, unless the shipment is selected for
Request for Examination by the physical examination or is subject of an Alert
Importer or Declarant Order.

The request for examination shall be made in


good faith and the expenses thereof shall be
borne by the importer. In case the request is made
to cover up any violation of the CMTA or other
rules and regulations implemented by the Bureau,
the importer shall be subject to penalties and/or
seizure and forfeiture as provided under the
CMTA.

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 2


In exceptional circumstances, physical
examination of goods in the absence of the
declarant or authorized representative may be
Physical Examination in the Absence allowed under following valid and justifiable
grounds:
of the Declarant or His Duly
Authorized Representative. a.Despite due notice, the declarant or his
authorized representative fails to be physical
present.

b.Unknown or fictitious consignee

Conduct of controlled delivery, subject to the


approval of the Commissioner (CAO No. 03-2019)

TITLE IV. IMPORT CLEARANCE AND FORMALITIES | CHAPTER 2


SECTION 421
DUTIES OF CUSTOMS OFFICER
TASKED TO EXAMINE THE
IMPORTED GOODS
In the examination, classification, and valuation
of the goods, the customs officer shall:

(a) Determine whether the packages for examination


and their contents are in accordance with the goods
declaration, invoice and other pertinent documents
(b) Take samples of the imported goods for
examination or laboratory analysis when necessary;
SECTION 421
DUTIES OF CUSTOMS OFFICER
TASKED TO EXAMINE THE
IMPORTED GOODS
In the examination, classification, and valuation
of the goods, the customs officer shall:

(c) Issue a receipt for a sample taken and retained


during examination; and
(d) Report whether the goods have been correctly
declared as to value, quantity, measurement, weight,
tariff classification and not imported contrary to law.

Failure on the part of the customs officer to perform


the above duties shall be penalized according to
Section 1431 of Title XIV of this Act.
SECTION 422
CUSTOMS EXPENSES
CONSTITUTING CHARGES ON
GOODS
The cost of examination shall be for the account of
the importer or exporter, subject to proper
accounting and documentation. All expenses incurred
by the Bureau for the handling or storage of goods
and other necessary operations shall be chargeable
against the goods, and shall constitute a lien thereon.

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