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__________________________INTERNAL MEMORANDUM________________________

FOR

FROM

SUBJECT :

DATE

The Chief
Forest Policy, Planning & Knowledge Management Division

LETTER FROM THE BUREAU OF CUSTOMS


REGARDING THE SEIZURE AND DETENTION OF
IMPORTED WOOD MATERIALS CONSIGNED TO
CHARVERSON WOOD INDUSTRY CORPORATION

REFERENCE:
This refers to your Memorandum dated requesting for a legal opinion
regarding the above subject.
FACTS:
Based on the letter from the Bureau of Customs, it appears that on
March 27, 2015, Deputy Commissioner Jessie D. Dellosa issued an Alert
Orders and further recommended to the District Collector, Port of Davao the
issuance of Warrants of Seizure and Detention against the two (2) shipments of
12 x 40 containers s.t.c 240 Pallets Ordinary Plywood and 180 Pallets
Ordinary Wood from China covered by Entry Nos. C-1732-15 and C-2744-15,
respectively both consigned to Charverson Wood Industry Corp. Allegedly, both
shipments arrived simultaneously at the Port of Davao last February 27, 2015
on the grounds of absence of authority to import as importer from the Forest
Management Bureau (should be DENR).
Hence, the instant request.
ISSUE:
Whether Charverson has the authority to import wood materials and has
faithfully complied with DENR Administrative Order No. 99-46 and other
pertinent issuances to warrant the release of their pending importations with
the Bureau of Customs
DISCUSSION:
After careful review, this Office submits that CHARVERSON WOOD
INDUSTRY CORP (Charverson) complied with the requirements under DENR
Administrative Order No. 99-46 Revised Regulations Governing the Entry and
Disposition of Imported Logs, Lumber, Veneer, Plywood, Other Wood Based
Panels, Poles and Piles, Pulpwood and Wood Chips.
Section 3 of the said Administrative Order provides that:

Sec. 3 - Who may Import Wood Materials. A holder of


Timber License Agreement (TLA), Industrial Forest Management
Agreement (IFMA), Wood Processing Plant Permit (WPP) or
Certificate of Registration (CR) as wood furniture manufacturer,
agent, contractor, or dealer of logs/poles and piles/lumber issued
by the DENR, may import wood materials; provided, that, before
availing the privilege to import, the holder of the TLA, IFMA,
and/or WPP shall first have his current local Log, commercial
Poles and Piles and/or Lumber Dealers permit recorded or
registered with the PWPA and then or subsequently stamped by
the Office of the Regional Executive Director (RED) concerned as a
valid Authority to Import wood materials; Provided further an
existing wood furniture manufacturer, agent, contractor, or dealer
who is not a holder of a TLA, IFMA or WPP shall first secure the
registration requirements specified under Section 8 herein.
(emphasis supplied)
Thus, under the said provision, the following are the requirements for the
importation of wood products, to wit:
1. Must be a holder of TLA, IFMA, WPP or CR as wood furniture
manufacturer, agent, contractor, or dealer of logs/poles and
piles/lumber issued by the DENR; and
2. The holder must have the concerned document/permit:
a) Registered with the PWPA; and
b) Stamped by the Regional Executive Director of the DENR.
To emphasize, records reveal that Charverson is registered with the
Philippine Wood Producers Association (PWPA) and was issued a Wood
Processing Plant Permit on February 14, 2014 valid until February 28, 2015
and that the same was stamped by the Regional Executive Director of the
DENR as an Accredited Wood Importer. Therefore, when the subject shipments
covered by Entry Nos. C-1732-15 and C-2744-15 arrived on February 27, 2015
such importation was covered by a valid permit by Charverson.
In view of the foregoing, this Office respectfully submits that Charverson
complied with DENR Administrative Order No. 99-46 and other pertinent
issuances with respect to the entry and disposition of imported woods.
If the Director is inclined to agree, attached is a letter reply addressed to
the Bureau of Customs for consideration and signature.
For information and further instruction if any.

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