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.