Key Definitions
- Accredited Cargo Surveying Company (ACSC): A company approved by the Committee for Accreditation of Cargo Surveying Companies (CACSC) to survey cargo.
- CACSC: A committee under the Office of the President responsible for accrediting, reviewing, suspending or revoking ACSC accreditation.
- Bulk Cargo: Unpackaged, mass commodity cargo.
- Break-Bulk Cargo: General cargo in non-containerized individual units like boxes or bales.
- Load Port Survey (LPS) Report: Survey report by ACSC before shipment to the Philippines.
- Discharge Port Survey (DPS) Report: Survey report by ACSC after cargo arrival at Philippine port.
- One-Stop Shop (OSS): A composite BOC unit responsible for approving DPS requests and coordination.
- Motor Vehicles for Special Purpose: Vehicles equipped for specific functions like cranes, ambulances, etc.
Coverage of the Order
- Applies to all bulk and break-bulk cargoes imported into the Philippines.
- Includes liquids, chemicals, petroleum products, and other cargo assessed by weight.
Administrative Provisions
- LPS Report must detail comprehensive cargo information including description, quantity, quality, classification, vessel data, and additional testing results.
- LPS must be submitted electronically to BOC and CACSC at least 12 hours before cargo arrival with security features.
- LPS and Summary Report (SR) facilitate advance clearance and inspection by BOC examiners/appraisers.
- Until e2m system module completion, ACSC submits survey reports via secured MISTG website.
- MISTG serves as official repository and requires ACSCs to provide necessary hardware/software.
- Specified BOC offices and CACSC must receive electronic or hard copies of survey reports simultaneously.
- ACSCs must provide technical training and continuing education to BOC personnel as part of Capacity Building Programs.
- Compliant importers may receive benefits recommended by CACSC within applicable Philippine laws.
- Shipments surveyed at load port are considered examined per customs law, and generally not re-examined except under specific conditions such as altered survey reports or alerts.
- DPS requests are filed with OSS which approves the ACSC for discharge port surveys based on capability and other criteria.
Operational Provisions
- Importers must inform exporters of survey requirements and ACSC information.
- Exporters arrange full surveys by ACSCs three days before shipment, allowing access for surveyors.
- ACSCs must complete surveys and seal holds before vessel departure, issuing LPS accordingly.
- Importers can use LPS reports to file entries and pay duties before cargo arrival with sworn declarations ensuring complete and truthful documentation.
- Immediate discharge and withdrawal from customs upon cargo arrival is allowed upon compliance and payment confirmation.
- Cargo differing from declaration or under alert orders will be subjected to customs examination.
- LPS reports are integral to dutiable assessment and clearance.
- Cargo without LPS must undergo DPS with ACSC confirmed by OSS.
- Importers can contest LPS findings by requesting DPS at their own expense; BOC decides which survey report to apply.
- DPS requests must be filed three days prior to cargo arrival with documented referral sheets under oath.
- ACSC preferred by importer shall be given priority, with impartial assignment procedures if necessary.
- ACSC capability based on commodity type must be updated and submitted to CACSC and BOC.
- DPS must be conducted within 24 hours of OSS notification; delays without valid reason lead to ACSC liability for fees.
- Replacement ACSC shall be appointed immediately if original ACSC fails to perform.
- DPS reports must be submitted electronically and in hard copy within 12 hours of survey completion.
Appeals
- Importers may pay duties under protest if disagreeing with DPS findings, subject to appeal procedures under customs valuation and classification rules.
High Risk Shipments
- Bulk and break-bulk shipments without LPS after 15 days from order publication are deemed high risk and subject to intensified examination.
- Circumvention is deliberate if fraud is evident, failure is not unintentional, or importer has repeated offenses.
- High risk shipments are not permitted to discharge and remain under customs guard until DPS completion and payment.
Schedule of Charges and Fees
- ACSC services are free of charge to the Philippine government.
- ACSCs may charge exporters fees up to 0.5% of FOB value of cargo for additional services.
Suppletory Clause
- E-Commerce law, customs laws, rules, and regulations apply in addition to this Order.
Separability Clause
- Invalidity of any part of the Order does not affect other provisions which shall remain in force.
Effectivity
- The Order is effective immediately upon adoption on May 12, 2010.