Customs Memorandum Order (CMO) 10-2020 facilitates withdrawal of containers at the ports; prevents port congestion; and speedy disposition and withdrawal of overstaying and abandoned containers.
Signed by Customs commissioner Rey Leonardo Guerrero on April 13, the order took effect immediately and will be enforced until the state of public health emergency has been lifted. The ECQ is scheduled to end on April 30.
CMO 10-2020 implements provisions of Joint Administrative Order (JAO) No. 20-01, signed April 2 and which adopts processes that expedite release of refrigerated containers and dry cargoes from Manila ports during the ECQ.
Under CMO 10-2020, imported goods are considered abandoned when:
- refrigerated containers remain unclaimed three days from the seven-day withdrawal period under JAO 20-01
- chilled cargoes remain unclaimed three days from the five-day withdrawal period under JAO 20-01
- cargoes beyond 30 days from date of discharge not been withdrawn after five days from issuance of JAO 20-01
Goods are subject to customs clearance under JAO 20-01 when:
- there is failure to lodge and file goods declaration within two days from the date of discharge, or for reefer or refrigerated containers, failure to lodge and file goods declaration within 48 hours from the date of discharge;
- there is failure to make payments of duties, taxes, and other charges within 24 hours from date of issuance of final assessment;
- goods lodged with appropriate duties and taxes are paid but remain unclaimed after three days from payment; or
- reefer or refrigerated containers lodged with appropriate duties and taxes are paid but remain unclaimed after 24 hours from payment.
Refrigerated containers where no goods declaration has been lodged and filed after seven days from discharge of the last package from the vessel, and reefers arriving after the issuance of JAO 20-01 which have not been withdrawn within 10 days from the date of discharge will be deemed abandoned and a Decree of Abandonment will be issued subject to institution of summary proceedings for immediate disposition.
Upon vessel arrival, the collection districts should post in BOC website the list of cargoes that have arrived and this will serve as notice to importers/consignees to lodge and file the goods declaration and/or withdraw the goods within the period prescribed under JAO 20-01.
After expiration of above deadlines, goods will be tagged as abandoned in the e2m system, with the district collector issuing an email notice of abandonment to the importer/consignee, publication in BOC website, or conspicuous area in the collection district where containers were abandoned.
Within 24 hours from issuance of notice of abandonment, the importer/consigner may request for untagging of abandonment and this must be resolved within 24 hours from receipt of request by the district collector. For reefer containers, the period of ten days from discharge to withdraw goods must be complied with.
If there is no request for untagging approved by the district collector, a decree of abandonment will be issued. The importer/consignee may appeal such issuance within 72 hours.
BOC’s Management Information System and Technology Group should establish an ICT-enabled system for reporting and monitoring of abandoned shipments, and to allow implementation of provisions of CMO 10-2020, as far as practicable and as existing processes may reasonably allow.
The terminal operator will submit to the district collector a daily report of overstaying and unclaimed import containers.
Under the CMO, BOC may establish a special legal team to provide ancillary support to the collection districts for the speedy disposition of overstaying and abandoned goods.
BOC-accredited importers will be sent a notice via electronic mail to their email address registered with BOC’s Accounts Management Office.
Accredited importers should acknowledge receipt of notices and communications; failure to do so, the same will still be deemed received upon successful transmittal thereof.
For non-accredited importers or unknown consignees, the due notice requirement will be deemed complied with upon posting of the required notice in BOC’s official website or in bulletin boards or other conspicuous places within the collection district concerned in case of unknown consignees. – Roumina Pablo