The Philippine Bureau of Customs (BOC) has issued guidelines for cargo owners seeking to lift the abandonment status on their shipments.
Under Customs Memorandum Order No. 18-2014 signed September 25 and which takes effect on October 13, an Order for Abandonment is issued after the BOC collector or deputy collector of the port of sub-port initiates and concludes abandonment proceedings against a shipment under these two situations:
- One, when after due notice, an owner, importer, consignee, or interested party fails to file an entry within the non-extendible period of 30 days from date of discharge of the last package from the vessel or aircraft.
- Two, when after filing such entry, the claimant fails to claim his importation within 15 days—unless the reason for the failure is an alert order written or recorded in BOC’s electronic-to-mobile (e2m) system and issued by an authorized BOC official.
The order, however, applies only to a request for lifting of abandonment that still has no final written decision issued by any BOC district collector or law division.
Under CMO No. 18-2014, only the Customs commissioner is authorized to defer or delay abandonment proceedings, or lift an abandonment order.
Thus, unless there is a written order from the BOC commissioner, ongoing legal proceedings within BOC’s law division or legal services division or in any court, and auction of such goods, will still proceed “without interruption” despite such requests.
All requests for deferral or delay in abandonment proceedings or lifting of an abandonment order must be done in writing by the consignee and sent directly to the commissioner for approval. Copies must also be provided to the district collector or sub-port collector of the port of discharge.
All BOC district collectors and sub-port collectors, on or before the memorandum’s effectivity, were directed to submit a list to the commissioner of requests to lift any abandonment status that have no final written decision yet from the district collector, sub-port collector, or law division of that district. – Roumina Pablo
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