Scope
- Applicable to shipments under tentative release as governed by CMO 37-2001, amended by CMO 7-2006.
- Provisions of prior orders apply unless inconsistent with the new guidelines.
- Payments must be made under PASS5 as per CAO 10-2008 and CMO 6-2009.
- Entry lodgment is now through the Value Added Service Provider (VASP), repealing prior procedural items.
- Stamping "VALUATION" on Import Entry and Internal Revenue Declaration (IEIRD) is no longer required.
General Provisions
- Tentative Release allows shipment release to importer pending resolution of valuation or tariff classification issues by the Valuation and Classification Review Committee (VCRC).
- Guarantee amount equals the difference between declared and computed duties and taxes based on recommended value or classification.
- Cash bonds preferred but other forms allowed subject to District Collector approval; all cash bonds are deposited in BOC Trust Fund Account.
- Docket fees as per CAO 2-2001 are included in payment instructions.
- Specific codes for docket fees based on protested amount ranges are prescribed.
- Tentative Release codes correspond to valuation and classification issues and must be selected in Inspection Act.
- Import entry declarations may be post-entry modified after VCRC or Central Valuation and Classification Review and Ruling Committee (CVCRRC) decisions.
Operational Provisions for Non-Valuation Screen Hits (No Guarantee Required)
- Upon District Collector approval of VCRC Form 1, Customs Operations Officer (COO) III retrieves Single Administrative Document (SAD).
- COO III updates SAD by indicating docket fee code, selecting Tentative Release code, and attaching docket number.
- COO V assesses SAD based on importer-declared value/classification.
- Payment instruction sent automatically to Authorized Agent Bank (AAB) for debiting nominated bank account.
- After payment confirmation via PASS5, the E2M Customs System triggers release instruction to port operators.
Operational Provisions for Valuation Screen Hits or Tariff Classification Issues (Guarantee Required)
- After District Collector approval, COO III retrieves SAD, indicates docket fee code, and temporarily amends SAD with recommended value/classification.
- COO III performs "Verify" and "Remote Check" in E2M System to compute temporary duties and taxes.
- COO III prints Temporary SAD and Temporary Assessment Notice (TAN).
- TAN shows the amount of guarantee equal to the duties and taxes difference; COO III and COO V sign TAN.
- Importer/authorized representative deposits cash bond in In-House Bank corresponding to TAN amount.
- In-House Bank verifies and accepts cash bond, issues Electronic Customs Receipt (ECR).
- Importer returns to COO III and COO V with ECR; COO III updates SAD with docket fee code, Tentative Release code, guarantee amount, docket number, and ECR reference.
- COO V assesses SAD based on declared value/classification.
- Payment instruction sent to AAB; after payment confirmation, release instruction issued to port operators.
Sanctions
- Non-compliance subjects involved parties to appropriate administrative, civil, and/or criminal sanctions as warranted.
Repealing Clause
- Prior orders, memoranda, circulars or inconsistent provisions are repealed or modified accordingly.
Separability Clause
- If any part is declared invalid or illegal, remaining provisions remain valid.
Effectivity
- Takes immediate effect.
- Implementation limited to ports already implementing CMO 27-2009.