Title
Rules on Transshipment of Imported Cigarettes
Law
Bc Customs Memorandum Order No. 62-93
Decision Date
Nov 15, 1993
Guillermo L. Parayno, Jr., Commissioner of Customs, mandates strict procedures for the transshipment of foreign cigarettes, including detailed documentation and monitoring to prevent diversion and ensure compliance with export regulations.
A

Monitoring of Popular Cigarette Brands in Domestic Market

  • If any listed cigarette brands are popular domestically, law enforcement agencies must be alerted.
  • Enforcement agencies may conduct monitoring and surveillance without causing delays in application processing.
  • The shipping agent is required to present the ship's sailing plan for reference.

Documentation Submission After Vessel Departure

  • Within 48 hours after the vessel departs, the shipping agent must submit:
    • Copies of the bill of lading for the cargo.
    • The vessel's outward foreign cargo manifest.
  • These must be submitted to the Deputy Collector for Operations.

Post-Departure Certification and Documentation

  • Shipping company/agent must, within 15 days from vessel departure, provide:
    • A certification from the consignee confirming receipt of the shipment.
    • A certified true copy of the inward foreign manifest, properly received and stamped by port authorities at the destination.

Port Stay Limit and Charges for Transshipment Cargo

  • Imported foreign cigarette cargo may stay at the port for a maximum of 5 days.
  • Beyond 5 days, supervision fees apply as per Customs Memorandum Order 22-93:
    • P800.00 per container regardless of size.
    • Or P10.00 per revenue ton of breakbulk cargo.
  • Fees are charged per day of extended stay and payable to the District Collector upon loading or withdrawal.

Accountability and Reporting by Customs Operations

  • The Deputy Collector for Operations is mandated to establish an accounting system for all shipments under this order.
  • Must report to the Commissioner of Customs all unaccounted shipments or those suspected to have been diverted from their intended destination.

Involvement of Domestic Cigarette Manufacturers

  • Domestic cigarette manufacturers' participation is required to monitor transshipment activities.
  • This is to prevent diversion and fraud against government revenues.

Designation of Responsible Officer in Ports Without Deputy Collector

  • In ports lacking a Deputy Collector for Operations, the Collector must appoint an action officer.
  • This officer holds responsibility for implementing the order's objectives locally.

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