Title
Rules for Industry-Specific Customs Bonded Warehouses
Law
Customs Administrative Order No. 7-2002, November 29, 2002
Decision Date
Nov 29, 2002
Customs Administrative Order No. 7-2002 establishes industry-specific Customs Bonded Warehouses (ICBWs) to streamline the importation of raw materials for export producers while ensuring compliance with tax and duty regulations.

Scope of the Order

  • Covers operations of industry-specific Customs Bonded Warehouses.
  • Applies only to ICBWs duly registered and authorized by the Bureau of Customs (BoC).

Definition and Purpose of Industry-Specific Customs Bonded Warehouses

  • ICBWs are BoC-licensed facilities authorized to import under bond raw materials (excluding fibers, yarns, fabrics, and accessories for garment manufacture).
  • Raw materials are imported in the name/account of the ICBW for storage and eventual sale or transfer.
  • Transfers/sales must be to export producers, Customs Bonded Manufacturing Warehouses, or locators in ecozones/PEZA.

Establishment and Industry Groupings

  • ICBWs authorized to import raw materials for specified export industries.
  • Initial industry groups include microelectronics, food products, motor vehicle parts/components, and raw materials for furniture/home furnishings.
  • Customs Bonded Warehouse Committee may amend industry group list subject to Customs Commissioner’s approval.

License Terms and Conditions

  • Licenses valid for 3 years, renewable for equal periods.
  • Renewal must be filed at least 3 months prior to expiry; failure results in deemed closure.
  • License specifies: industry group serviced, allowed raw materials with H.S. tariff lines, import volume limits, and allowed clients with corresponding quantities.
  • Industry associations are notified of ICBW license applications.
  • Adjustments to raw material types/quantities allowed upon Committee’s approval without extending license lifespan.
  • Existing customs regulations for bonded warehouses apply unless otherwise stipulated.

Warehousing Importations: Authorized and Prohibited Articles

  • Importation limits strictly based on licensed raw materials, volume, clients.
  • Storage allowed up to nine (9) months from arrival, extendable by three (3) months by District Collector.
  • Prohibited shipments: fibers, yarns, fabrics, garment accessories; finished articles (except as manufacture components for export); unauthorized, excess, prohibited, or unlicensed regulated articles.

Penalties for Importation Violations

  • First offense: payment of due duties and taxes.
  • Second offense: payment plus one-month suspension.
  • Third offense: payment plus warehouse closure.
  • Violations counted within the 3-year license term.
  • Penalties are without prejudice to audit and monitoring actions by Customs units.

Transfer from Customs Zone to ICBW

  • Transfer allowed upon filing warehousing entry with bond, processed under selectivity schemes.
  • Transfers without operational selectivity processed under Transshipment Permit.
  • No new transshipment permit if previous permit’s warehousing entry pending.
  • Transfers are subject to examination, appraisal, and bond posting.
  • Continuous customs guarding required during transfer until delivery acknowledged.

Withdrawal of Warehoused Articles

  • Withdrawals allowed without duties/taxes for sale/transfer to licensed export producers, PEZA locators, or bonded manufacturing warehouses.
  • Withdrawals must occur within original or extended storage period.
  • Domestic consumption withdrawals require prior approval and duty payment; must not exceed 30% of shipment.
  • Unauthorized domestic sale treated as violation.
  • Domestic sale approvals trigger license review and possible limitation or removal of authorized import articles.

Liquidation of Entries and Cancellation of Bonds

  • Liquidation must occur within 30 days of sale/transfer/withdrawal, within 9 months or up to 1 year with extension.
  • Payment of duties/taxes due on non-exported imports after re-export time lapses.
  • Bonds are cancelled only after full liquidation of materials and entries.

Transitory Provisions for Existing Customs Bonded Trading Warehouses (CBTWs)

  • Current CBTWs to be reviewed within 3 months to identify serviced industry group, allowed materials with H.S. lines, quantities, and clients.
  • CBTWs must convert to ICBWs within 3 months or face closure.
  • CBTWs governed by previous CAO 5-2002 during transition.

Repealing Clause

  • Modifies or amends all inconsistent Customs Administrative and Memorandum Orders accordingly.

Effectivity Clause

  • The Order takes effect 15 days after publication in a newspaper of general circulation.

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