Title
Supreme Court
ATRIG processing and issuance guidelines
Law
Bir Memorandum Order No. 35-2002
Decision Date
Oct 28, 2002
BIR Memorandum Order No. 35-2002 establishes uniform guidelines and procedures for the processing and issuance of Authority to Release Imported Goods (ATRIG) to ensure effective control and monitoring of excise and value-added tax compliance for imported articles.

Law Summary

Application Filing and Distribution

  • ATRIG applications for VAT purposes filed in duplicate with the Revenue District Office (RDO) overseeing the port of entry.
  • For excise tax purposes, applications filed with the Excise Tax District Office (ETDO) where the importer is registered.
  • Original application goes to RDO/ETDO; duplicate to importer/broker.
  • Separate ATRIG application per importation, except for consolidated applications covering multiple bills of lading under same vessel and importer.
  • Applications must be notarized, duly accomplished, signed, and bear the prescribed documentary stamp.

Registration Requirements and Validity

  • Applications rejected if importer or broker is not registered with BIR.
  • For excisable goods, a valid Permit to Operate as Importer for excise purposes is mandatory before acceptance.

ATRIG Form Usage and Distribution

  • BIR Form No. 1918 used uniformly for excise and VAT purposes.
  • Strict prohibition on reproductions or pro-forma ATRIGs.
  • Prepared in triplicate: Original to Bureau of Customs, duplicate to issuing RDO/ETDO, triplicate to Business Intelligence Division.
  • Excise tax ATRIG applications processed only by concerned Excise Tax District Offices.

Scope of ATRIG Issuance

  • ATRIG required for all taxable and exempt excisable articles, raw materials, machinery, and equipment used in production.
  • For VAT, ATRIG issued on VAT-exempt importations except those enumerated in specific BIR-BOC Circulars.

Processing Time and Inspection

  • ATRIGs issued within one day if application is complete and no legal or factual taxability issues arise.
  • Coordination with Bureau of Customs for ocular inspections or sampling when needed.
  • Prior ocular inspection mandatory for imported automobiles to verify taxability and seating capacity.

Identification and Classification Codes on ATRIG

  • Codes added below ATRIG serial number include product or VAT code, year of issue, RDO number, and control number.
  • Codes ensure uniform classification important for excise or VAT processing.

Handling Legal and Factual Issues

  • Applications with taxability or exemption legal issues referred to Legal Division or Law Division for resolution.
  • Requests requiring lab analysis referred to BIR Laboratory Unit for evaluation before legal referral.
  • Laboratory analysis mandatory for alcohol, petroleum products, and others to verify classification.
  • Certificates of Analysis or Material Safety Data Sheets may substitute lab analysis upon evaluation.

Stamp and Label Requirements

  • Issuance of BIR strip stamps or labels on alcohol or tobacco only after proof of excise tax payment is submitted.

Restrictions on Post-Release ATRIG Issuance

  • ATRIG cannot be issued if goods have been released from customs prior to ATRIG issuance, merely to complete documentation.

Delivery Supervision and Coordination

  • Issuing office must ensure excisable goods are delivered to importer’s premises.
  • Assigned Revenue Officers supervise release from customs to destination.
  • Proper coordination with Revenue Officers on Premises (ROOPs) prior to release to ensure monitoring.

Product and VAT Codes

  • Fixed codes assigned for common categories such as AGRI (Agricultural), FERT (Fertilizers), ALCO (Alcohol), TOB (Tobacco), OIL (Petroleum), AUT (Automobiles), among others.
  • ATRIG for machinery bear codes identical to products assembled or manufactured.

Recordkeeping and Reporting

  • Issuing offices maintain ATRIG Registry Book logging all issued ATRIGs sequentially with detailed importer and shipment information.
  • Individual ATRIG control cards maintained per importer summarizing all relevant data.
  • Monthly summary reports sent to the National Office’s Business Intelligence Division including all ATRIGs issued and related importer information.
  • Business Intelligence Division reconciles ATRIG data against customs data and reports findings to concerned offices for audit and monitoring.

ATRIG Form Stock Monitoring

  • Accountable Officers maintain computer files to track ATRIG forms received, issued, and current stock, replacing manual stock cards.
  • Handling and control of ATRIG forms regulated under existing revenue memorandum provisions.

Post-Audit and Compliance

  • ATRIGs subject to random audit or review by authorized BIR offices.
  • Strict compliance required; violations may lead to disciplinary action.

Procedural Steps for Processing ATRIG Applications

  • Receiving Officer checks completeness and authenticity of application and supporting documents (commercial invoice, bill of lading, import entry, registration certificates, etc.).
  • Verification of importer and broker registration in Integrated Tax System.
  • Processing officer verifies taxability, existence of permits, and surety bonds; may require laboratory analysis or certification from regulatory bodies.
  • Legal or factual issues referred to Legal Division or Laboratory Section as appropriate.
  • Approved ATRIG prepared, approved, and duplicate filed sequentially.
  • Coordination with importer on customs release details.
  • Monthly submission of summary reports and triplicates to Business Intelligence Division.

Release and Supervision of Imported Articles

  • Releasing Officer prepares transmittal letter to Bureau of Customs with original ATRIGs, posts information to registry.
  • Authorized Revenue Officers supervise physical release of goods, verify tax payment proofs and proper labeling.
  • Shipment monitored from customs warehouse to consignee’s business premises; discrepancies or deviations documented.
  • Certificate of Supervision completed and signed by responsible persons at unloading.
  • Written report submitted within two days of unloading.

Roles of Supporting BIR Divisions

  • Legal Divisions resolve taxability issues and issue legal opinions within 24 hours.
  • BIR Laboratory Section conducts testing and evaluation of imported goods for proper tax classification.
  • Business Intelligence Division reviews monthly reports, reconciles with customs data, identifies discrepancies, and coordinates corrective action.
  • Revenue Offices receiving feedback maintain databases and may impose penalties for non-compliance.

Transitory Provisions

  • Until new Bureau structure is implemented, specific offices handle ATRIG processing and approval based on taxpayer classification and location.
  • Monitoring and reportorial functions assigned to Audit Information and Tax Exemption Division and Field Operations Division.

Repealing Clause

  • Previous inconsistent issuances repealed or amended accordingly.

Penalty Clause

  • Mandatory strict compliance; violations subject to disciplinary action.

Effectivity

  • The Order takes effect immediately upon issuance.

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