Law Summary

Introduction

This memorandum order, dated January 27, 2004, reintroduces guidelines for the examination and inspection of refrigerated shipments (reefer shipments) to prevent misdeclarations and fraud upon Customs.

Guidelines for Examination of Reefer Shipments

• Legal Principle: All reefer shipments, regardless of their category (consumption, warehousing, or domestic transshipment), are subject to Customs examination/inspection unless specified otherwise.

  • All reefer shipments must be examined by Customs.

Joint Examination for Specific Products

• Procedure: Reefer shipments containing fresh and frozen meat/poultry, vegetables, and similar products will undergo a one-time joint examination/inspection.

  • Conducted in partnership with:

  • Bureau of Animal Industry (BAI)
  • National Meat Inspection Commission (NMIC)
  • Bureau of Plant Industry (BPI)

  • Coordination among agencies is essential to prevent delays.

Precautionary Measures for Shipment Preservation

• Requirement: To avoid deterioration or contamination of reefer shipments, examinations must be conducted in appropriate cold storage facilities if a 100% examination is necessary.

  • This is crucial to maintain product integrity.

Scheduling and Operational Hours

• Timeframe: Examinations/inspections should occur during regular office hours. If necessary, they may continue outside these hours.

  • Overtime fees will apply for services rendered outside regular hours as per existing laws and regulations.

Exemptions from Examination

• Exempt Categories: Certain shipments are excluded from the Order unless alerted by authorities or directed by the Commissioner.

  • Exemptions include:

  • Import shipments for PEZA-registered ecozones with valid Import Permits.
  • Shipments for semiconductor industries/members of SEIPI.
  • Temperature-sensitive non-agricultural products (e.g., paints, organic peroxides).

Responsibilities of the District Collector

• Accountability: The District Collector is tasked with ensuring the effective implementation of this Order.

  • Weekly reporting on examined and released reefer shipments is mandatory, detailing the findings.

Penalties for Non-compliance

• Consequences: Customs officers/personnel violating this Order may face administrative charges, which could lead to penalties ranging from six months and one day to one year suspension or dismissal.

  • Violations may include:

  • Dishonesty
  • Neglect of duty
  • Misconduct
  • Inefficiency or incompetence

Repeal of Inconsistent Regulations

• Modification of Previous Orders: All prior orders, rules, or regulations that conflict with this Order are repealed or modified accordingly.

Key Takeaways

• All reefer shipments are subject to Customs examination, with certain exemptions.
• Joint inspections will occur for specific products to ensure compliance and safety.
• Precautionary measures must be taken to preserve the integrity of reefer shipments.
• Examinations should ideally occur during regular office hours, with overtime fees applicable as needed.
• Violations of this order can lead to serious administrative penalties for Customs personnel.
• The District Collector plays a crucial role in monitoring and reporting on reefer shipments.