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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

2022 REVIEW ON
CUSTOMS DOCUMENTATION AND LECTURE RECORDING IS NOT ALLOWED
PROCEDURES CLaP Escolta lectures are protected under R.A.
No. 4200 and other laws, rules and regulations
on recording of public communication.
DAY 01- PRINCIPLES OF FORMAL ENTRY
PROCESS AND MODES OF PAYMENT
CLaP REVIEW MATERIALS ARE PROTECTED UNDER THE INTELLECTUAL
PROPERTY LAW AND THE LAW OF KARMA. THE MATERIALS ARE
DISTRIBUTED TO THOSE ENROLLED IN THE CBLE REVIEW FOR THEIR
EXCLUSIVE USE ONLY. ENROLLEES ARE NOT ALLOWED TO REPRODUCE,
DISTRIBUTE, SHARE UNDER THE PAIN OF CRIMINAL PROSECUTION AND
THE HARSH PUNISHMENT OF KARMA OF DIFFICULTY IN PASSING THE
CBLE AND DIFFICULTY IN DEALING WITH CUSTOMS AND TARIFF
MATTERS FOR LIFE. UNAUTHORIZED RECIPIENTS ARE LIKEWISE 1 2
FOREWARNED!
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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

GOODS DECLARATION FOR CONSUMPTION:


FORMAL ENTRY OR INFORMAL ENTRY PROCESS • The Commissioner may adjust the value of
goods of commercial nature that shall be
All goods declaration for consumption shall be cleared cleared through an informal entry process
through a formal entry process,
: except: the following goods which shall be cleared without prejudice to the periodic 3-year
through an informal entry process: adjustment.
(a) Goods of a commercial nature with FOB or FCA value • All importations entered through a formal
of less than P50,000.00.
Every 3 years after CMTA effectivity , the Secretary of
entry process shall be covered by a letter of
Finance shall adjust this amount as provided herein to credit or any verifiable commercial document
its present value, using the CPI as published by the evidencing payment or
PSA; and
(b) Personal and household effects or goods, not in – in cases where there is no sale for export,
commercial quantity, imported in a passenger’s by any commercial document indicating
baggage or mail. the commercial value of the goods.
- includes also those imported through consolidation
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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

SHIPMENTS THAT SHALL BE CLEARED THROUGH SHIPMENTS TO BE CLEARED THROUGH


FORMAL ENTRY PROCESS INFORMAL ENTRY PROCESS
1. Goods of commercial nature with FOB or FCA value of less
• Shipments considered to be of commercial nature than fifty thousand pesos (P50,000.00)
which are those in excess of FOB or FCA value limitation
for informal entry and those for which the informal 2. Personal and household effects or goods, not in
entry process may not be used. commercial quantity, whether or not subject to duties
• Importation of motor vehicles, motorcycles and motor and/or taxes
scooters regardless of consignees, including those under 3. Conditionally tax and/or duty-exempt Importations under
CMTA, Section 800 shall be under the Formal Entry CMTA, Section 800:
Process. a. Importations of Returning Residents and OFWs as
• Those falling under the remaining sub-paragraphs of embodied in CAO 6-2016;
CMTA, Section 800 – Conditionally Tax and/or Duty b. Balikbayan Boxes sent to families or relatives by
Exempt Importations shall fall under Formal Entry Qualified Filipinos While Abroad and consolidated
Process provided that its FOB or FCA value as shipment of duty and tax-free Balikbayan Boxes as
determined by BOC is P50,000.00 and above. embodied separately in CAO 1-2018;

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SHIPMENTS TO BE CLEARED THROUGH SHIPMENTS TO BE CLEARED THROUGH


INFORMAL ENTRY PROCESS INFORMAL ENTRY PROCESS
c. Shipments containing wearing apparel, goods of personal e. Shipments covering importations for the personal or
adornment, toiletries, portable tools and instruments, family use of members and attaches of foreign
theatrical costumes and similar effects accompanying embassies, legations, consular officers and other
travelers, or tourists, or arriving within a reasonable time
before or after their arrival in the Philippines, which are representatives of foreign governments and for
necessary and appropriate for the wear and use of such official use subject to conditions as may be required
persons according to the nature of the journey, their comfort by the Department of Foreign Affairs (DFA), DOF and
and convenience subject to conditions as may be required by BOC;
the Department of Finance (DOF) and the Bureau of Customs
(BOC); f. Coffins or urns containing human remains, bones or
d. Shipments containing professional instruments and ashes, used personal and household effects (not
implements, tools of trade, occupation or employment, merchandise) of the deceased person, except
wearing apparel, domestic animals, and personal and vehicles, the FCA or FOB value of which does not
household effects belonging to persons coming to settle to exceed one hundred fifty thousand pesos
Philippines or Filipinos or their families and descendants who (P150,000.00);
are now residents or citizens of other countries, such parties
referred to as Overseas Filipinos subject to conditions as may
be required by DOF and BOC
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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

SHIPMENTS TO BE CLEARED THROUGH SHIPMENTS TO BE CLEARED THROUGH


INFORMAL ENTRY PROCESS INFORMAL ENTRY PROCESS
g. Shipments containing personal and household 4. Those falling under the remaining sub-paragraphs of CMTA,
effects of any officer or employee of DFA, including Section 800 – Conditionally Tax and/or Duty Exempt
any attached, civil or military or member of the Importations shall fall under Informal Entry Process
staff assigned to a Philippine diplomatic missions provided that its FOB or FCA value as determined by BOC is
abroad by the DFA or any similar officer or less than fifty thousand pesos (P50,000.00);
employee of other Departments assigned to any 5. Clearance of previously imported diplomatic supplies and
Philippine Consular office abroad, or any AFP equipment of foreign embassies and tax-exempt
military officer accorded assimilated diplomatic institutions sold to a non-privileged buyer shall be manually
rank or on duty abroad who is returning from a processed under the Informal Entry Division (IED)
regular assignment abroad, for reassignment to the
home office, or who dies, resigns, or is retired from 6. Relief consignments
the service subject to conditions as may be required 7. EAGA-BIMP importations
by the DFA, DOB and BOC;

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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

COMMON TERMS IN L/C TRANSACTION: UCP


MODES OF PAYMENT 600
1. Advising bank (Bank in PH) - the bank that advises the
1. Letter of Credit (L/C); credit at the request of the issuing bank.
2. Documents Against Payment (D/P); 2. Applicant (Importer) - the party on whose request the
3. Documents Against Acceptance (D/A); credit is issued.
4. Direct Remittance (DR); 3. Beneficiary (Exporter) - the party in whose favour a credit
5. Advance Payment; and is issued.
6. Open Account (O/A) including intercompany netting 4. Complying presentation - a presentation that is in
arrangement among non-bank related parties. accordance with the terms and conditions of the L/C
Note: Modes of payment is 5% of Tariff Law and INCOTERMS 5. Confirmation - definite undertaking of the confirming
2020 is 5% of Tariff Law. bank, in addition to that of the issuing bank, to honor or
negotiate a complying presentation. Confirming bank
means the bank that adds its confirmation to a credit
upon the issuing bank's authorization or request.
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TERMS IN L/C TRANSACTION FIRST STEP IN L/C TRANSACTION


6. Honor: (a) to pay at sight if the credit is available by sight
payment; (b) to incur a deferred payment undertaking
and pay at maturity if the credit is available by deferred
payment; © to accept a bill of exchange ("draft") drawn BUYER / SELLER
by the beneficiary and pay at maturity if the credit is PAYMENT
available by acceptance. (IMPORTER) BY L/C
7. Issuing bank - the bank that issues a credit at the request (EXPORTER)
of an applicant
8. Negotiation - the act of advancing or agreeing to advance
funds to the beneficiary
9. Nominated Bank - the bank with which the credit is
available or any bank in the case of a credit available with IMPORTER APPLICANT
any bank.
10. Presentation - either the delivery of documents under a
credit to the issuing bank or nominated bank
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ISSUING BANK

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DOCUMENTS TO BE PRESENTED BY
DOCUMENTS TO BE PRESENTED BY BENEFICIARY
BENEFICIARY

q Commercial Invoice
q Insurance Policy
Ø Indicate Admission Permit Number and PO Number Ø Applicable only on CIF or CIP shipments
Ø Indicate AHTN sub-heading (if ASEAN) or HS sub-heading (non- Ø Incoterms 2020: CIP is ICC “A” while CIF is ICC “C”
ASEAN) Ø Amount of insurance covered
q Bill of Lading or Airwaybill of Lading § If not agreed upon it is 110% of CIF or CIP value (Incoterms 2020
Ø Consigned to Order of Issuing Bank: q Packing List
q Certificate of Origin
- Notify: Importer accountee with address
q MSDS
- Indicate Invoice Number, PO Number, Admission Permit
q Other terms and conditions
Ø 3/3: Three Original and 3 copies for B/L; Original and copies for Ø Indicate latest date documents must be presented? Without such
AWB beneficiary has up to 21 days to present documents
Ø Must indicate port of loading and port of discharge Ø Latest shipment date
Ø House Bill of Lading or House Airway Bill acceptable?

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HOW BENEFICIARY INFORMED OF L/C ISSUED IN PAYMENT PROCESSES
HIS FAVOR

SENDS DOCS
CONFIRMING BANK
NEGOTIATING BANK
PRESENTED
ISSUING
ADVISING BANK COMPLYING
PRESENTATION
BANK
ISSUING REIMBURSES
BENEFICIARY
BANK
CONFIRMING
BANK

BENEFICIARY
PROCURES APPLICANT
DOCUMENTS

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BSP L/C REGULATION


PRESENTATION NOT COMPLYING
1. All L/Cs must be opened on or before the date of shipment and
only one L/C should be opened for each import transaction.
CONFIRMING BANK 2. For purposes of opening an L/C, importers shall submit to the
IN RECEIPT OF A
NON-COMPLYING
ISSUING
BANK APPLICANT AAB the documents required for regulated imports.
PRESENTATION 3. Amendments of L/Cs need not be referred to the BSP for prior
approval. L/Cs shall be negotiated in accordance with the terms
and conditions set forth in the L/C and shall be governed by the
THE REASON WHY IT IS Uniform Customs and Practices on Documentary Credits.
IMPORTANT TO REVIEW
BENEFICIARY
CAREFULLY L/C ONCE RECEIVED
(BSP Circular No. 742 dated 21 November 2011)
AND COMPLY ACCORDINGLY

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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

UCP 600 BASIC RULES IN L/C OPERATIONS UCP 600 BASIC RULES IN L/C OPERATIONS
13. If there is no indication in the credit of the insurance 1. A credit is irrevocable even if there is no indication to that
coverage required, the amount of insurance coverage effect.
must be at least 110% of the CIF or CIP value of the 2. A credit by its nature is a separate transaction from the
goods. sale or other contract on which it may be based. Banks are
14. Partial drawings or shipments are allowed. in no way concerned with or bound by such contract, even
15. Transferable credit means a credit that specifically states if any reference whatsoever to it is included in the credit.
it is "transferable". A transferable credit may be made 3. Banks deal with documents and not with goods, services or
available in whole or in part to another beneficiary performance to which the documents may relate.
("second beneficiary") at the request of the beneficiary 4. A credit must state an expiry date for presentation. An
("first beneficiary"). expiry date stated for honor or negotiation will be deemed
16. The fact that a credit is not stated to be transferable to be an expiry date for presentation.
shall not affect the right of the beneficiary to assign any 5. If the expiry date of a credit or the last day for presentation
proceeds to which it may be or may become entitled falls on a day when the bank to which presentation is to be
under the credit, in accordance with the provisions of made is closed, the expiry date or the last day for
applicable law. This article relates only to the assignment presentation will be extended to the first following banking
of proceeds and not to the assignment of the right to day.
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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

UCP 600 BASIC RULES IN L/C OPERATIONS


UCP 600 BASIC RULES IN L/C OPERATIONS 9. At least one original of each document stipulated in the
credit must be presented.
6. In relation to 5 - A bank assumes no liability or responsibility for the 10. The date of issuance of the transport document will be
consequences arising out of the interruption of its business by Acts deemed to be the date of dispatch, taking in charge or
of God, riots, civil commotions, insurrections, wars, acts of shipped on board, and the date of shipment. However, if
terrorism, or by any strikes or lockouts or any other causes beyond the transport document indicates, by stamp or notation, a
its control. date of dispatch, taking in charge or shipped on board, this
7. The terms and conditions of the original credit (or a credit date will be deemed to be the date of shipment.
incorporating previously accepted amendments) will remain in force
for the beneficiary until the beneficiary communicates its
11. A transport document must not indicate that the goods are
acceptance of the amendment to the bank that advised such
or will be loaded on deck. A clause on a transport
document stating that the goods may be loaded on deck is
amendment. acceptable.
8. A nominated bank acting on its nomination, a confirming 12. A bank will only accept a clean transport document. A
bank, if any, and the issuing bank shall each have a clean transport document is one bearing no clause or
maximum of five banking days following the day of notation expressly declaring a defective condition of the
presentation to determine if a presentation is complying. goods or their packaging. The word "clean" need not
This period is not curtailed or otherwise affected by the appear on a transport document, even if a credit has a
occurrence on or after the date of presentation of any requirement for that transport document to be "clean on
expiry date or last day for presentation. board"
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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

OTHER MODES OF PAYMENT OTHER MODES OF PAYMENT

• Documents Against Payment (D/P) – AAB’s shall advise • Direct Remittance (DR) – Banks may service within 29
the importer of the receipt of complete original calendar days after B/L date applications for direct
documents and effect the release of said documents to remittance of import payments upon presentation of the
the importer upon receipt of payment. complete original shipping documents and import
• Documents Against Acceptance (D/A) – the original clearance in case of regulated goods.
shipping documents are released to the importer by the
AAB at the instance of the seller’s bank upon the
importer’s acceptance of the seller’s bill of exchange
obligating the importer pay for the shipment at some
future date.
• Open Account (O/A) – shipping documents are sent
directly to the buyer upon the importer’s promise to pay
at some future date. D/A or O/A must be payable at least
30 days after B/L date 26
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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

OTHER FOREIGN ARRANGEMENTS WHICH ARE


ALLOWED WITHOUT NEED FOR BSP PRIOR
APPROVAL
• Self-Funded/”No Dollar” Imports – These are imports
funded by importer’s own foreign currency deposit
accounts or those sent by suppliers abroad for which no
payment in foreign exchange will be made whether GENERAL PRINCIPLES OF GOODS DECLARATION AND
immediate or potential. PROCESSING THROUGH FORMAL ENTRY PROCESS
• Importations on Consignment Basis – Importations by
export producers from raw materials from foreign
suppliers abroad for the manufacture of goods for export
to the party that supplied the raw materials. Includes
equipment and spare parts consigned to the local
manufacturer for eventual re-export to the consignor. The
equipment shall only be used to manufacture products for
export.
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GOODS DECLARATION MAY BE CONSIDERED AS


SAD: GOODS DECLARATION FORM
ACTIONABLE DOCUMENTS
• Goods declaration, together with supporting • Refer to attached CMO 20—2004 on how to fill
documents shall be submitted electronically up SAD
pursuant to Republic Act No. 8792, otherwise • Note: Please pay attention to Box Numbers
known as the “Electronic Commerce Act of
2000”. and their contents.
• Such declarations when printed and certified by
a competent customs officer as a faithful
reproduction of the electronic submission shall
be considered as actionable documents for
purposes of prosecuting a declarant if the
declarations are found to be fraudulent.
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MANDATORY FILLING-UP OF SAD BOX 41


(SUPPLEMENTAL UNITS): CMO 49-2019/CMO 2-2021
SUPPORTING DOCUMENTS TO SAD
CAO 1-2020 – PENALTY OF P5,000/ CLERICAL
ERROR (INADVERTENT ERROR) • SAD Print out signed by the declarant and CB and
STANDARD UNITS OF WCO CODE EQUIVALENT e2m Code duly notarized, must be submitted to FED together
QTY with:
Carat carat CRT 1. SDV which shall be notarized;
Kilogram kg KGM 2. Endorsed BL or AWB, or in absence, a written
Liter l LTR order (DO, Telex Release or Release Order) by
Square meter m2 MTK carrier or its agent;
Cubic meter m3 MTQ 3. Commercial Invoice, L/C or any verifiable
Meter m MTR commercial documents evidencing payment; in
Number of pairs 2u NPR cases where there is no sale for export, by any
1,000 KWH 1,000 KWH MGW commercial document indicating commercial value
Piece u PCE of goods;
Pack u(jeu/pack) PCK 4. Packing list, or the commercial invoice, provided,
Thousand of pieces 1,000u TPC 31 it contains the itemized specific information. 32

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OTHER SUPPORTING DOCUMENTS TO SAD, IF PERIOD TO LODGE GOODS DECLARATION


REQUIRED BY REGULATIONS EXTENSION TO LODGE
a. Import permit for imported goods listed in the official • Period to lodge goods declaration is 15 days
list of regulated goods as posted in BOC website; • Upon written request may be extended for another 15
days subject to approval of District Collector as may be
b. Sanitary and Phytosanitary Import Clearance; authorized by the Commissioner.
c. BIR Authority to Release Goods (ATRIG); • Request must be made before the expiration of original
period and based on following:
d. CO for various FTAs or other proof of origin such as 1. Fraud committed against importer;
Invoice Declaration by Certified Exporter under the 2. Accident
Self Certification System 3. Mistake
e. Advance Ruling 4. Excusable negligence
f. LPS or DPS for bulk or break-bulk cargoes; 5. Technical issues as certified by MISTG;
6. Other analogous circumstances.
g. TEI, if applicable; and
h. Other documents as may be required.
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PERIOD TO ACT ON REQUEST FOR EXTENSION LODGMENT OF GOODS DECLARATION AND


AND COUNT OF EXTENSION PERIOD CLEARANCE ALLOWED PRIOR TO ARRIVAL
• Request for extension shall be acted upon within 7 • Express shipments;
days otherwise the request is deemed approved.
• importers enrolled in SGL, AEO and Bulk and
The 15-day extension period to lodge shall retroact
to the day immediately after expiration of the Break-bulk Cargo Clearance and
original period. No further extension is allowed. Enhancement Program
• The right to request for extension is without Note: in actual practice as long as the carrying
prejudice to the option to lodge provisional goods vessel/aircraft has submitted the IFM and
declaration. registry number is secured goods declaration
may be lodged even before arrival fo vessel.

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WHEN ALLOWED

1. When no import permit has been presented at the


time of lodgment, provided that the importer has
timely filed the application for such permit pursuant
PROVISIONAL GOODS DECLARATION MAY to the rules of the concerned agency;
2. In case of relief consignment;
BE ALLOWED TO FACILITATE TRADE AND 3. When TEI has not been issued, provided an
PREVENT ABANDONMENT. application has already been filed at the time of
lodgment;
4. Any other situation where the declarant lacks
certain information or document to make a
complete goods declaration provided that it is not
due to the declarant’s negligence or fault.

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LODGMENT ALLOWED IF FOLLOWING DOCUMENTS


ARE PRESENTED
EFFECTS OF PROVISIONAL GOODS
1. Pro-forma invoice; DECLARATION
2. Duly indorsed BL/AWB, or a written order by the carrier
or its agent; 1. Tax treatment shall be the same from that of
3. Advanced copies of CO, if applicable; goods with complete declaration;
4. Duly notarized undertaking by declarant that supporting
documents to make complete declaration shall be 2. Tentative assessment shall be completed
submitted within 45 days and may be extended for
another 45 days upon approval of the District Collector. upon final submission of lacking documents;
Request for extension shall be acted upon within 7
working days, otherwise the request is deemed
approved. The 45-day extension shall start to the day
immediately after the expiration of the original period.
Reason for extension shall be the same as that for filing
provisional goods declaration.
5. Other documents as may be found necessary by BOC.

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RULE IN THE CONDITIONAL RELEASE OF GOODS


RULES ON THE CONDITIONAL RELEASE OF
UNDER PROVISIONAL GOODS DECLARATION
OTHER GOODS
FOR REGULATED GOODS
• Will not be permitted unless the regulatory 1. Sufficient security to cover amount of duties
agency allows such release subject to: (a) and taxes that shall be collected when the
delivery of the goods to importer’s premises for lacking information or document is not
storage and shall not be disposed until permit is submitted within the prescribed period.
issued and submitted to BOC within the 2. In case of highly compliant importers like SGL,
prescribed period; and (b) sufficient security SGL plus, AEO or when the ground for
shall be required to cover duties and taxes and provisional goods declaration does not affect
other charges except if importer is SGL, SGL plus the final computation of duties and taxes, no
or AEO or any undertaking may be required in security shall be required for the conditional
lieu of a security. release of the goods.

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EFFECTS OF NON-COMPLIANCE WITH THE


CONDITIONS FOR THE RELEASE OF GOODS UNDER
PROVISIONAL GOODS DECLARATION
1. In case of regulated goods and declarant fails to
submit the required permit within the
prescribed period, the goods shall be subject to
seizure with due notice AMENDMENT AND CANCELLATION OF
2. In case of release due to lack of documents to GOODS DECLARATION UNDER CMTA AND
assess the correct D&T, any security posted or CURRENT REGULATIONS ON THE MATTER
undertaking submitted shall be subject to
forfeiture but upon due notice and without
prejudice to any other legal remedy to recover
the proper D&T

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POST MODIFICATION OF SAD (PMS)


WHEN A GOODS DECLARATION MAY BE
AMENDED AND WHEN ALLOWED 1. PMS is process used when it necessary to revise the
data in the SAD. It includes the POST ASSESSMENT the
• A goods declaration may be amended provided stage where the shipment is already assessed but not
that the request to amend the goods yet released from Customs (i.e. Green Lane entries)
declaration, together with the intended while POST ENTRY is done at the stage where the
shipment has already been released from customs (i.e.
amendments, must be received prior to the final Tentatively-Released Entries).
assessment or examination of goods. 2. Any additional duties and taxes calculated as a result of
• Amendment of the goods declaration may be post assessment shall be settled at the In-House Bank
allowed based on following grounds: using the Cash Payment Module in the e2m Customs
System
– Inadvertent error; 3. The e2m Customs System shall send a release
– Amendment of e-IFM; or instructions to the port operator/arrastre/CY-CFS only
– Mistakes or omissions in good faith in the lodgment once upon payment of the assessed duties & taxes due
of the goods declaration without any fraudulent on the import declarations.
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POST MODIFICATION OF SAD (PMS) POST MODIFICATION OF SAD (PMS)


7. All the data in the SAD can be modified except the 8. What cannot be modified can only be changed
following: through SAD cancellation upon proper request
a. Customs Office Code (Box at me Top right hand corner 9. In case of short shipment SAD cancellation is not
b. Model of Declaration/General Procedure Code (Box 1) required as number of packages and/or gross weight
c. Importers Reference Number/T IN No. (Box 8) may be modified using the Inspection Act
d. Declarant’s Reference Number/T IN No. (Box 14) 10. PMS for correction of Data Encoded by the Declarant
e. Registry/Manifest Number (Box 18)
(Importer/Customs Broker) in the e2m Customs
f. Bill of Lading Number (Box 40a)
Letter Request from the Declarant addressed to the
g. Type of Package (Box 31)
h. Type of Packages (Box 31 & Box 6) District Collector identifying the data in the SAD that
i. Gross Weight (Box 35) A needs to be corrected stating the reasons and basis
j. Container Reference Numbers (Box 31) for correction
k. Warehouse (Box 49) 11. PMS by reason of Tentative Release copy of VCRC or
l. All entries or data in the Attached Documents Page CVCRRC Resolution, as the case maybe and prepared
m. All entries or data in the Payment (TOP) Page 47 Discrepancy Report (D/R) are required

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SAD CANCELLATION SAD CANCELLATION


1. Requests for SAD cancellation shall be forwarded to Office 5. The e2m SAD cancellation form shall be used.
of Dep. Com., AOCG for approval. (CMO 27-2017) 6. Documents Required for the cancellation of SAD under
2. SC is a process used when it is necessary to revise data in corresponding instances:
assessed SAD which cannot be done under PMS. 6.1. For the Change of the Consignee
3. Electronic re-lodgment of new SAD to replace the • Letter Request addressed to the District Collector
cancelled SAD is necessary in order to clear the stating the reason for the change and duly
goods/shipment from Customs. approved of district Collector
4. Cancellation of the SAD will revert back the status of the
• Affidavit of disclaimer of ownership
attached documents like license, clearance or permit, the
Tax Exception Certificate and the Tax Debit Memo. 6.2. Change of Customs Broker
However, if the SAD has already undergone final • Letter Request addressed to the District Collector
assessment by the COO V and the other settlements stating the reason for the change and duly
modes (OSM) has been completed; payments debited approved of the District Collector
from the importers account cannot be automatically 6.3. Other non-modifiable date
refunded. The importer shall follow the regular refund • Letter Request addressed to the District Collector
process. identifying the data in the SAD that needs
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SC REQUESTS ON THE GROUND OF e2M EXCEPTIONAL


ERRORS OR OTHER MISTG RELATED ERRORS: APPROVAL
OF DEP.COM, AOCG NOT REQUIRED (CMO 27-2017)

1. District Collector must ensure that a


Certification from the proper office from
MISTG is acquired before SC is effected. EXAMINATION
2. All certifications issued by MISTG personnel
shall be strictly monitored by the Technical
Support Division, Technology Management
Service, MISTG. Such reports shall be
forwarded to the AOCG for monitoring and
review.
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Selectivity Module: A risk management tool EXAMINATION OF GOODS


RMO – office responsible
• Examination of goods, when required by the
• Green – (low risk) the declaration is Bureau, shall be conducted immediately after
allowed to move to the next process the goods declaration has been lodged.
• Yellow – (medium risk) the declaration is
subject t document check Priority in the examination shall be given to
• Red – (high risk) the declaration is subject live animals, perishable goods and other
to document check and physical goods requiring immediate examination.
examination of the gods
• Orange – (Medium to high risk) non- • Whenever necessary, a system of
intrusive examination coordination and joint examination of goods
• Blue – the declaration is tagged for post-
clearance (CMO 19-2007) shall be established by the Bureau and other
– SGL not routed to Blue anymore regulatory agencies under existing laws and
regulations.
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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

DUTIES OF CUSTOMS OFFICER TASKED TO


TYPES OF EXAMINATION
EXAMINE GOODS
1. Determine whether the packages for examination 1. Documentary check or verification of
and their contents are in accordance with the goods completeness and authenticity of documents
declaration, invoice and other submitted including submission of the required import
documents; permits, if any;
2. Take samples for examination or laboratory analysis, 2. Non-intrusive inspection or the inspection by
when necessary;
use of x-ray scanners;
3. Acknowledge and sign receipt for any sample taken
and retained during examination; and 3. Physical examination of the goods to ascertain
4. Report whether the goods have been correctly that the actual nature, origin, condition,
declared as to value, quantity, measurement, quantity, value and tariff classification are in
weight, tariff classification, and not imported accordance with the declaration in the goods
contrary to law. declaration.

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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

PHYSICAL EXAMINATION IN THE ABSENCE OF INSTANCES WHEN EXAMINATION MAY BE


DECLARANT DONE IN CONSIGNEE’S PREMISES OR
As a general rule, the Bureau may examine the goods in WAREHOUSE
the presence of the declarant or an authorized • Physical examination of an alerted shipment shall be
representative but may be done even in the absence of the conducted at consignee’s warehouse or premises in
declarant when: cases when the importation is consigned to an
1. Despite due notice, declarant fails to be physically importer enrolled in any of the trade facilitation
present; program.
2. Unknown or fictitious consignee; or • In case where BOC does not have the necessary
3. Conduct of controlled delivery, subject to the approval facility to conduct the examination without causing
of the Commissioner. damage to the shipment.
Conduct of examination shall be under the authority of the
Collector. OCOM and other concerned offices shall be • Examination of bulk and break-bulk shipment shall be
informed of the date, time and place of examination to examined pursuant to the rules on the Bulk and
witness said examination. It shall be ensured that the Break-bulk Cargo Clearance Enhancement Program
examination is captured on video for documentation and
record-keeping purposes.
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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

MANDATORY USE OF BODY-WORN CAMERAS SAMPLES


GEOTAGGING OF PHOTOS AND VIDEOS • The Bureau shall take samples of the goods only
• The use of a body camera, recording of events and
when needed to establish the tariff description
geotagging shall be mandatory: and value of goods declared, or to ensure
– Non-intrusive examination of goods compliance with this Act. Samples drawn shall
– Physical examination of goods within and/or outside of
be as minimal as possible.
customs zone. • Customs officers shall see to it that
• Body-worn camera – electronic camera system for creating, representative samples taken during
generating, sending, receiving, storing, displaying and examination shall be properly receipted for and
processing audio visual recordings retained within a reasonable period of time. The
• Geotagging – process of adding geographical info to various quantity and value of the samples taken shall be
media in the form of metadata which usually consists of noted in the specified box of goods declaration
coordinates like latitude and longtitude, but may even or electronic form. Such samples shall be duly
include bearing, altitude, distance and place names. labeled as will definitely identify them with the
• Alternative recording device – an electronic camera system importation for which they are taken.
that may be used as alternative for body-worn cameras. 59 60

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SHIPMENTS TAGGED RED SUBJECT TO X-RAY


NON-INTRUSIVE EXAMINATION EXAMINATION
• Pursuant to internationally accepted standards, the • All shipments tagged RED are required to undergo X-Ray
Bureau may adopt non-intrusive examination of goods, Examination and only those with suspicious images shall
such as the use of x-ray machines. be physically examined. (Comm. Memo 26 Sept. 2017)
– CSF rates fixed under EO 635 s. 2007 • For purposes of X-Ray Examination import Entries
• Subject to adjustment by the NEDA Board regardless of number containers shall be entitled to the
– Mandatory whether containers subjected to x-ray or square root rule rounded off to the nearest higher whole
value e.g.: For 4 containers, 2 shall be subject to e-ray
not
examination; for 6 containers, 3 and for 9 containers 3
– Mandatory whether Alert Order proves to be negative – Containers that shall be selected for x-ray examination
or positive shall be selected by the Commissioner or his duly
• X-ray examination mandatory to all containerized cargoes authorized representative (Comm. Memo 27 October
bound to CBW (Comm. Memo dated 14 Sept. 2017) 2017)

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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

GROUNDS FOR THE CONDUCT OF PHYSICAL


INSTANCES WHEN IMPORTER MAY REQUEST
EXAMINATION
FOR EXAMINATION
1. it is directed by the Commissioner on account of a
derogatory information, in which case the 1. Prior to lodgment of goods declaration, upon
shipment is considered alerted or subject to pre- justifiable grounds, as may be determined by the
lodgment control; Commissioner; or
2. the goods are subject to an Alert Order issued by 2. After lodgment of goods declaration, when there are
competent authority; issues and controversies surrounding the goods
3. the goods are electronically selected for physical declaration and import clearance process, unless the
examination; shipment is selected Red or is subject to Alert Order.
4. there are issues and controversies surrounding the The request shall be made in good faith and the
goods declaration and the import clearance
process; or expenses shall be for the account of importer. In case
the request is made to cover up any CMTA violation or
5. the importer or declarant requests for the violation of regulations, the importer shall be subject to
examination of the goods. penalties or forfeiture of goods.
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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

ASSESSMENT OF DUTY ON LESS THAN ENTERED


VALUE
• Duty shall not be assessed in any case upon an amount less
than the entered value,
ASSESSMENT: DETERMINATION OF – unless by direction of the Commissioner in cases when
the importer certifies at the time of entry that the
DUTIES AND TAXES – CLASSIFICATION, entered value is higher than the dutiable value and that
VALUE, ROO, INTERNAL REVENUE TAXES, the goods are so entered in order to meet increases made
by the appraiser in similar cases then pending re-
SPECIAL DUTIES appraisement; and
– the lower assessment shall be allowed only when the
importer's contention is sustained by a final decision,
and shall appear that such action of the importer was
taken in good faith after due diligence and inquiry.

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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

TENTATIVE ASSESSMENT COMPLETED ASSESSMENT

• Assessment is based on a provisional goods. • BOC shall issue Final Assessment Notice
– Assessment shall be completed upon final (FAN) signifying that the assessment is
readjustment and submission of the additional
document or information required to complete the complete. FAN serves as payment
goods declaration. instructions to AAB to debit the amount of
• The D&T initially assessed are subject to valid D&T from importer’s account. Assessment
dispute on valuation, classification, ROO or shall be deemed final 15 days after receipt of
protest of the same, and other customs issues. notice of the FAN.
– Assessment shall be completed upon final
readjustment based on the resolution of disputed – can be disputed within 15 days from FAN receipt
issues.

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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

MODES OF PAYMENT
1. Cash payment through debit from importer’s nominated
account in an AAB
1. Nominated account is recognized in the SAD as the Bank
Reference Number (BRN) which may only be secured if
importer has Customs Client Number (CCN). Importer
may secure as many as BRNs as it wishes. Payment
system in the e2m is called PASS5.
PAYMENT OF DUTIES AND TAXES 2. Fines, surcharges and other charges must be paid in
cash unless allowed under the PASS5. IPF, CSF must be
paid in cash.
3. L/C requiring deposit in full of D&T no longer required
2. Non-cash payment:
1. Tax Debit Memo issued by BOC. AABs shall not accept
TCCs as payment of D&T.
69 2. Deferred Payment Government Account (DPGA) 70

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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

GOVERNMENT IMPORTATIONS
1) Government Agencies which are eligible for the deferred ALTERNATIVE TO PASS5: PREPAYMENT
payment scheme must be registered in the CPRS with their
Joint Order (JO) 2-91 identification number. Their eligibility
shall be verified in the course of approval of their CPRS • Any accredited importer is given the option to open
Registration. prepayment accounts from which payments of D&T and
2) The government agency shall secure a clearance from the other charges may be made as an alternative to PASS5
Collection Service before lodgment their declaration. required to be used by all e2m users
3) Declaration of these pre-registered government agencies • Importers may open and maintain one or more prepayment
shall avail of the deferred payment scheme by entering accounts with any Collection District from which will specify
the code “DPG in Part 2 of Box 37 - PROCEDURE of the where payment should be made on a per-transaction basis
SAD. e2m Customs System checks that the government • Prepayment account can be used to make payments in any
agency is eligible for the deferred payment scheme by
Collection District regardless of where it was opened
verifying its eligibility in CPRS.
– example: Opened in POM but can be used to pay for duties and
4) These importations shall be selected YELLOW to allow the taxes on MICP shipments
examiner of the Assessment Division to verify the
supporting documents of the government agency,
including the clearance issued by the Collection Service. 72

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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

WHEN DUTIES AND TAXES SHOULD BE PAID: CONFLICTING


CAOs
• If no payment confirmation is received within 15 days from the
date of receipt of AAB of payment instructions, then the
importer shall be deemed to have failed to claim his
importation after lodging the goods declaration rendering the
same liable for abandonment. (CAO 9-2020, Sec. 8.5 citing CAO
10-2008 – PASS5)
• The shipment shall be deemed abandoned if the importer fails RELEASE OF GOODS
to pay in full the assessed D&T, fees, interests and OC within 15
days from final assessment. (CAO 17-2019, Sec. 4.2.2 citing
CMTA, Sec. 1129(c)
– Having filed such goods declaration, the owner, importer,
consignee or interested party after due notice, fails to pay
the assessed duties, taxes and other charges thereon, or, if
the regulated goods failed to comply with Section 117 of
this Act, within fifteen (15) days from the date of final
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assessment
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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

MANUAL PROCESSING/RELEASE
ONLINE RELEASE SYSTEM (OLRS)
1) Dep. Com., MISTG shall issue authorization for manual
release for following:
• Goods shall be released after receipt of a) Computer systems break-down;
payment confirmation by the customs b) Power failure; or
automated system or posting of sufficient c) Payment system of PCH/AAB off-line
2) District Collector shall issue authorization for manual
security in case of tentative release by reason release for following:
of tentative assessment including any fine or a) declared location is incorrect but arrastre confirmed
ownership even goods not in their facility
surcharge, if applicable. Release shall be b) declared location is correct but arrastre denied
through electronic instructions to the ownership and misrouted the goods;
terminal facility, off-dock CY-CFS through the c) release message not created/transmitted even if the
importation already tagged paid with print out of
OLRS of the e2m. SSDT
3) Other those above, prior authorization shall be issued
75
by the OCOM (CMO 10-2014) 76

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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

RELEASE OF GOODS WITHOUT PRODUCTION RELEASE OF GOODS UPON ORDER OF


OF BL OR AWB IMPORTER
• No customs officer shall release goods to any • An importer may issue a written
person without the submission of the bill of
lading or airway bill covering the goods, except authorization for the release of goods stored
on written order of the carrier or agent of the in a bonded warehouse to another person.
vessel or aircraft, in which case neither the Such authorization shall not relieve the
government nor the customs officer shall be
held liable for any damage arising from wrongful importer from liability for the duties, taxes
release of the goods: Provided, That when the and other charges due on the goods unless
release of goods is made against such written the person to whom the release was
order, the customs officer shall require the
submission of a copy of the bill. (CMTA, Sec. authorized assumes such liability. (Sec. 434)
433)
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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

WITHOLDING RELEASE OF GOODS PENDING


NON-LIABILITY FOR MISDELIVERY OF GOODS
SATISFACTION OF LIEN
• When the District Collector is duly notified • Any customs officer who releases goods to
through a lawful order of a competent court of a the consignee or lawful holder of the bill of
lien for freight, lighterage or general average lading or airway bill shall not be liable for any
upon any imported goods, the District Collector
shall withhold the release of the goods unless defect or irregularity in its negotiation unless
the claim has been paid or secured. In case of the customs officer has notice of the defect
disagreement, the District Collector may release or irregularity.
the goods after payment of the freight and
lighterage due on the quantity or weight landed
as actually determined. (Sec. 435)

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2022 CBLE Review - CDP -01 - LECTURE MATERIAL 7/5/22

POST RELEASE READJUSTMENT OF APPRAISAL AND ADJUSTMENT OF ASSESSMENT THROUGH


CLASSIFICATION
Returns made by the customs officers that are finally passed
LIQUIDATION OF GOODS DECLARATION
upon and approved or modified by the Collector or • Liquidation
Commissioner, shall not be altered except: – the activity done by the Liquidation and Billing Division (LBD) of the port
from the receipt of the hard copy of the Goods Declaration or access to
(1) Within one year after payment of the duties, upon the e2m for review and if applicable, subsequent adjustments in the
statement of error as approved by the District Collector; computation of D&T, sending the Notice of Discrepancy, updating the
Post Modification of SAD (PMS) the status of the Goods Declaration, and
(2) Within 15 days after such payment, upon request for issuance of Clearance Certificate by the LBD
reappraisal or reclassification addressed to the Commissioner • Liquidation and Billing System (LBS)
– web based portal that allows LBS users to audit and evaluation post
by the District Collector, if the appraisal or classification is entry transactions to determine if there are revenues that still need to
deemed to be low; be collected. The system will allow LBD to automatically send notices
and Final Demand Letters, as needed.
(3) Upon request for reappraisal and/or reclassification, in the • Notice of Discrepancy
form of a timely protest addressed to the District Collector by – an initiatory letter issued by the LBD and addressed to the importer
with a demand to pay deficiencies in D&T arising from Post Release
the interested party if the latter should be dissatisfied with the Adjustments (PRA)
appraisal or return; or – In some ports, this is also known as Final Demand Letter
(d) Upon demand by the Commissioner after the completion of
81 82
compliance audit.
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GENERAL PROVISIONS ON LIQUIDATION OF GENERAL PROVISIONS ON LIQUIDATION OF


GOODS DECLARATION GOODS DECLARATION
1. Upon retrieval of the ticket in the Customer Care Portal d. Amount of deficiency in the D&T must be the amount
System (CCPS), the EDP shall change the issue summary to reflected in the Notice of Deficiency or Final Demand
indicate the Goods Declaration Number for easy Letter; and
identification before assigning the ticket to the COO III. e. Importer has agreed to settle the amount due based
2. After final assessment, COO V instead of closing the ticket, on reconciliation of records and other documents with
shall transfer the same to LBD. the LBD
3. Following must be the pre-requisites for the PMS for GD for 4. Following are exempt from LBD review within 15 days from
consumption to be effected: payment of D&T
a. GD was lodged, processed and final assessed in e2m; a. Shipments subject of protest and dispute settlement
b. Assessed D&T were paid and the goods were released from BOC. resolution;
c. The Initiatory Notice of Discrepancy from the LBD is made within 15 b. Adjustments arising from statement of errors; or
days from payment of D&T after review and readjustment of the
assessed D&T c. GD subject of audit by PCAG
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LIQUIDATION PROCESS
LIQUIDATION PROCESS
1. Upon payment of D&T, the information contained in the 5. The assignment of GD may be delegated by Chief, LBD to
GD shall be automatically extracted by the LBS the responsible officer of the Division.
following day. 6. Assessor shall access the LBS to view the breakdown
computation of the Assessment Division.
2. If the hard copy of the GD is already received by the LBD,
6.1. If assessor did not find any discrepancy, shall click Same
the LBD Clerk shall access the LBS weblink by logging in.
Value button then click Submit to send the information to Chief,
3. At the start of the working hour of the day, the Chief, LBD LBD
shall access the LBS and assign the GDs to the COO III or 6.2. If there are discrepancy findings, the assessor can input the
COO V as assessors to conduct post validation, review of correct values like customs value, freight, insurance, exchange
the correctness of value, classification, and computation of rate, etc.
D&T by ticking “Assign” button in the Action column. 6.3. Once the findings are submitted, the status of the liquidation
4. The Chief, LBD shall distribute equally the GDs among process shall be reflected as “For Review/Revision”
assessors. Each assessor shall liquidate at least 20 GDs per 7. Once the status of the GD is displayed, Chief, LBD shall check
day. computation and findings by the assessor. If there are changes
needed the Chief can either revise or assign back to the assessor
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LIQUIDATION PROCESS LIQUIDATION PROCESS


8. If there is no discrepancy upon review of the GD the Chief,
LBD shall tag the GD as “Accepted” 11. If the consignee still refuses to answer the Final Demand
9. If the computation for additional D&T are fully Letter, the Chief shall tag the GD as “Delinquent”
ascertained, the Chief shall create a templated Notice of 12. Importer shall answer the Notice of Discrepancy or Final
Discrepancy. Notice of Discrepancy form can be digitally Demand Letter by opening a ticket in the CCPS.
signed by the Chief before service to the consignee. 13. Upon receipt of the ticket, COO IV assigned shall
Initiatory Notice of Discrepancy issued by the LBD shall be acknowledge receipt thereof and request importer to
sent through the registered emails or through registered
submit additional documents to support declaration, or in
mails or personal service.
case of PMS, the COO IV shall inform the importer that
10. If the consignee did not answer after 15 days from receipt
PMS shall be made of the GD subject of the Notice of
of the Notice of Discrepancy, the Chief shall download a
Discrepancy/Final Demand Letter.
templated Final Demand Letter which shall contain
summary of fees to be paid and expected consequence if 14. If the reviewing officer finds that the justification is
the demand remains unheeded. It shall be signed by the without merit, the importer shall be notified the amount
District Collector or by the Chief, LBD as authorized stated in the Notice of Discrepancy/Final Demand Letter
signatory.
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LIQUIDATION PROCESS PERIOD OF LIMITATION


15. If the importer still refuses to pay, the Chief shall tag the
status of GD as “Delinquent” and shall recommend to the • In the absence of fraud and when the goods
District Collector further action to collect. have been finally assessed and released, the
16. If the consignee settles, the Chief, shall tag the GD as
assessment shall be conclusive upon all parties
“Paid”
17. If the consignee was able to justify accuracy of GD, the • three (3) years from the date of final
Chief shall tag the Notice of Discrepancy/Final Demand payment of duties and taxes, or upon
Letter as “Cancelled” completion of the post clearance audit.

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