Question & AnswerQ&A (BOC CUSTOMS MEMORANDUM ORDER NO. 64-93)
A surcharge is imposed on imported articles for undervaluation, misclassification, and misdeclaration based on the percentage difference as determined under Customs Memorandum Order No. 23-84.
The percentage difference in undervaluation, misclassification, and misdeclaration is computed according to Customs Memorandum Order No. 23-84 dated March 12, 1984.
A one-time surcharge of the difference in customs duty shall be imposed.
A two-time surcharge of the difference in customs duty shall be imposed.
Fraud is presumed, and the imported articles are subject to seizure proceedings under Section 2530 of the Tariff and Customs Code, as amended.
No, surcharge shall not be imposed if the classification is based on rulings from authorized agencies such as the Bureau of Customs, NEDA, Tariff Commission, Department of Finance, or Board of Investment and the description of the article is correct upon examination.
Surcharge is not imposed when the declared value is based on officially approved information like Customs Information Valuation and Classification Circulars, Requests for Value and Classification Information, alert information from Customs authorities, or established values determined by Customs.
No, manifest errors that do not involve any question of law and are certified by the surveyor or examining official under penalties of falsification and perjury are exempt from surcharge.
It adopts guidelines ensuring uniform application and effective implementation of Customs Administrative Order 10-93 regarding surcharge imposition under Section 2503 of the Tariff and Customs Code as amended by RA 7651.
The Port Collector of Customs may decide on a case-by-case basis not to impose surcharges with due notice to the Commissioner of Customs in accordance with Section 3501 of the Tariff and Customs Code.