Law Summary
Identified Non-Compliance and Its Implications
- Current practice allows approval based solely on requisition slips, withdrawal permits, or authorities to withdraw filed simultaneously with warehousing entries.
- Customs Warehousemen certify descriptions and quantities without physical verification before transfer.
- This practice bypasses the mandated verification, rendering control mechanisms ineffective in preventing misdeclaration, over-quantity transfer, and improper monitoring of imports.
- Contravenes provisions of Customs Memorandum Order (CMO) No. 39-91 implementing Customs Administrative Order (CAO) No. 2-91, which govern establishment, supervision, and control of CBWs.
General Directive on Importation and Deposit
- All imported goods must be physically transferred and deposited into the Customs Bonded Warehouse as per CMO No. 39-91 and CAO No. 2-91.
Conditions and Procedures for Transfer from CBWs
Transfer from CBWs to authorized entities may only occur after fulfilling the following prerequisites:
- (a) Filing of Warehousing Entry.
- (b) Submission of the formula of manufacture specifying subcontracted stages where practicable.
- (c) Certification by Customs Warehouseman verifying description and quantity of goods to be transferred through physical inspection.
- (d) For garment manufacturers, transfer is limited to pre-cut or cut-to-pattern materials unless otherwise approved by the Garments Textile Export Board (GTEB).
- (e) Use of corresponding boatnotes, withdrawal permits, or authorities to withdraw to document transfers, with mandatory recording in the Customs Warehouseman’s logbook.
Enforcement and Compliance
- The directive demands immediate and strict adherence to these provisions.
- Issued by the Acting Commissioner to ensure legal compliance and effective customs control over bonded warehouse operations.
Important Legal Concepts
- Emphasizes the principle of physical verification prior to transfer to prevent fraud and misdeclaration.
- Highlights the necessity of documentation and record-keeping in the control of Customs bonded goods.
- Ensures adherence to established customs procedures under existing Customs Memorandum and Administrative Orders.
- Reinforces the accountability of Customs Warehousemen in certifying goods subject to transfer.