Title
Customs guidelines for examining reefer shipments
Law
Boc Customs Memorandum Order 1-2004
Decision Date
Jan 27, 2004
The BOC Customs Memorandum Order 1-2004 mandates comprehensive inspection of all reefer shipments to prevent misdeclaration and fraud, while outlining specific guidelines for the examination process and responsibilities of Customs personnel.
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Objective to Prevent Misdeclaration and Fraud

  • The guidelines aim to prevent misdeclaration and fraud related to reefer shipments.

Examination Procedures for Specific Products

  • Reefer shipments containing fresh and frozen meat/poultry, vegetables, and equivalent products undergo one-time joint examination with relevant agencies (BAI, NMIC, BPI).
  • Coordination with these agencies is mandatory to ensure smooth inspection processes.

Measures to Protect Shipment Integrity

  • Precautionary measures are required to prevent deterioration or contamination of shipments during examination.
  • When 100% examination is required, it must be conducted in cold storage facilities or suitable locations.

Scheduling and Conducting Examinations

  • Examinations are to be scheduled immediately and conducted within regular office hours.
  • When valid reasons exist, examinations may continue or be conducted outside regular hours.
  • Overtime fees apply for services rendered beyond regular office times as per existing laws and regulations.

Exceptions to the Examination Order

  • Shipments destined for PEZA-registered ecozones with valid Import Permits from PEZA are exempt.
  • Shipments intended for semiconductor industries or members of SEIPI are exempt.
  • Temperature-sensitive and non-agricultural products such as paints, organic peroxides, and other chemicals are exempt.

Responsibility and Reporting Requirements

  • District Collectors are responsible for the effective implementation and smooth operation of the Order.
  • Weekly reports on the number of examined and released reefer shipments, including findings, must be submitted to the Commissioner’s Office.

Accountability and Penalties for Customs Personnel

  • Customs officers/personnel involved must comply strictly with the Order.
  • Violations may lead to criminal charges where appropriate.
  • Administrative penalties range from suspension for six months and one day up to one year, or dismissal under Rule IV of the Uniform Rules on Administrative Cases in the Civil Service.
  • Grounds for administrative sanctions include dishonesty, neglect of duty, misconduct, inefficiency, incompetence, and other offenses affecting government service.

Repeal and Effectivity

  • All inconsistent prior orders, rules, and regulations are repealed or modified accordingly.
  • The Order is effective immediately upon adoption.

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