TARIFF AND CUSTOMS CODE OF THE PHILIPPINES

Republic Act No. 1937

I.

Functions of the Bureau of Customs (Book II: Customs Law)

Sec. 602. Functions of the Bureau. The general duties, powers and
jurisdiction of the bureau shall include:
a. The assessment and collection of the lawful revenues from imported
articles and all other dues, fees, charges, fines and penalties accruing
under the tariff and customs laws.
b. The prevention and suppression of smuggling and other frauds upon
the customs.
c. The supervision and control over the entrance and clearance of vessels
and aircraft engaged in foreign commerce.
d. The general supervision, control and regulation of vessels engaged in
the carrying of passengers and freight or in towage in coastwise trade
and in the bays and rivers of the Philippines.
e. The prohibition and suppression of unnecessary noises, such as
explosion of gasoline engines, the excessive blowing of whistles or
sirens, and other needless and disturbing sounds made by water craft
in the ports of the Philippines or in parts of rivers included in such
ports.
f. The exclusion, if the conditions of traffic should at any time so require,
of vessels of more than one hundred and fifty tons from entering,
berthing or mooring in the Pasig River.
g. The admeasurement, registration, documenting and licensing of
vessels built or owned in the Philippines, the recording of sales,
transfers and encumbrances of such vessels, and the performance of
all the duties pertaining to marine registry.
h. The inspection of Philippine vessels, and supervision over the safety
and sanitation of such vessels.
i. The enforcement of the lawful quarantine regulations for vessels
entering Philippine ports.
j. The enforcement of the tariff and customs laws and all other laws,
rules and regulations relating to the tariff and customs administration.
k. The licensing of marine officers who have qualified in the examination
required by law to be carried on Philippine vessels, the determination
of the qualifications of pilots, the regulation of this service, and the
fixing of the fees which they may charge.
l. The supervision and control over the handling of foreign mails arriving
in the Philippines, for the purpose of the collection of the lawful duty on
dutiable articles thus imported and the prevention of smuggling
through the medium of such mails.

II.

Functions of the Tariff Commission (Book I: Tariff Law)

SECTION 505. Functions of the Commission.

The Commission shall investigate
a. the administration of, and the fiscal and industrial effects of, the
tariff and customs laws of this country now in force or which may
hereafter be enacted;
b. the relations between the rates of duty on raw materials and the
finished or partly finished
c. the effects of ad valorem and specific duties and of compound
specific and ad valorem duties;
d. all questions relative to the arrangement of schedules and
classification of articles in the several sections of the tariff law;
e. the tariff relations between the Philippines and foreign countries,
commercial treaties, preferential provisions, economic alliances, the
effect of export bounties and preferential transportation rates;
f. the volume of importations compared with domestic production and
consumption;
g. conditions, causes and effects relating to competition of foreign
industries with those of the Philippines, including dumping and cost
of production;
h. in general, to investigate the operation of customs and tariff laws,
including their relation to the national revenues, their effect upon
the industries and labor of the country, and to submit reports of its
investigations as hereinafter provided; and
i. the nature and composition of, and the classification of, articles
according to tariff commodity classification and heading number for
customs revenue and other related purposes which shall be
furnished to NEDA, Board of Investments, Central Bank of the
Philippines, and Secretary of Finance.
SECTION 506. Assistance to the President and Congress of the Philippines.
In order that the President and the Congress may secure information and
assistance, it shall be the duty of the Commission to
a. Ascertain conversion costs and costs of production in the principal
growing, producing or manufacturing centers of the Philippines,
whenever practicable;
b. Ascertain conversion costs and costs of production in the principal
growing, producing or manufacturing centers of foreign countries of
articles imported into the Philippines whenever such conversion costs
or costs of production are necessary for comparison with those in the
Philippines;
c. Select and describe representative articles imported into the
Philippines similar to, or comparable with, those locally produced;
select and describe articles of the Philippines similar to, or comparable
with, such imported article; and obtain and file samples of articles so
selected whenever advisable;
d. Ascertain import costs of such representative articles so selected;

e. Ascertain the grower's, producer's or manufacturers selling prices in

the principal growing, producing or manufacturing centers of the
Philippines, of the articles of the Philippines, so selected;
f. Ascertain all other facts which will show the difference in, or which
affect competition between, articles of the Philippines and those
imported in the principal markets of the Philippines;
g. Ascertain conversion costs and costs of production including effects of
tariff modifications or import restrictions on prices in the principal
growing, producing or manufacturing centers of the Philippines,
whenever practicable; and
h. Submit annual reports of these to the President of the Philippines, copy
of which shall be furnished to the NEDA, Central Bank of the
Philippines, Department of Finance and the Board of Investments.
SECTION 507. Reports of the Commission.
The Commission shall place at the disposal of the President and any member
of the Congress of the Philippines or its member thereof all information at its
command; shall make such investigation and report as may be required by
the President and the Congress of the Philippines and shall report to the
President and Congress on the first Monday of December of each year
hereafter a statement of methods adopted and a summary of all reports
made during the year.
The Commission or its duly authorized representative shall have access to
any document, paper or record, pertinent to the subject matter under
investigation, in the possession of any person, firm, co -partnership,
corporation or association engaged in the production, importation or
distribution of any article under investigation, and shall have power to
summon witnesses, take testimony, administer oaths, and to issue subpoena
duces tecum requiring the production of books, papers or documents relating
to the matter under investigation. The Commission may also request the
views, recommendations and/or assistance of any government office, agency
or instrumentality, and such office, agency or instrumentality shall cooperate
fully with the Commission
III.

Nature of Tariff and Customs Duties

IV.

Basis of Assessment of Duty (Book II: Customs Law)

Sec. 201. Basis of Dutiable Value
The dutiable value of an imported article subject to an ad valorem rate of
duty shall be based on the cost (fair market value) of same, like or similar
articles, as bought and sold or offered for sale freely in the usual wholesale
quantities in the ordinary course of trade in the principal markets of the
exporting country on the date of exportation to the Philippines (excluding
internal excise taxes to be remitted or rebated) or where there is none on

such date, then on the cost (fair market value) nearest to the date of
exportation, including the value of all container, covering and/or packings of
any kind and all other expenses, costs and charges incident to placing|+I+
the article in a condition ready for shipment to the Philippines, and freight as
well as insurance premium covering the transportation of such articles to the
port of entry in the Philippines.
Where the fair market value or price of the article cannot be ascertained
thereat or where there exists a reasonable doubt as to the fairness of such
value or price, then the fair market value or price in the principal market in
the country of manufacture or origin, if it is not the country of exportation, or
in a third country with the same stage of economic development as the
country of exportation shall be used.
When the dutiable value of the article cannot be ascertained in accordance
with the preceding paragraphs or where there exists a reasonable doubt as to
the cost (fair market value) of the imported article declared in the entry, the
correct dutiable value of the article shall be ascertained by the Commissioner
Of Customs from the reports of the Revenue or Commercial Attach (Foreign
Trade Promotion Attach), pursuant to Republic Act Numbered Fifty-four
Hundred and Sixty-six or other Philippine diplomatic officers or Customs
Attaches and from such other information that may be available to the
Bureau of Customs. Such values shall be published by the Commissioner of
Customs from time to time.
When the dutiable value cannot be ascertained as provided in the preceding
paragraphs, or where there exists a reasonable doubt as to the dutiable value
of the imported article declared in the entry, it shall be domestic wholesale
selling price of such or similar article in Manila or other principal markets in
the Philippines or on the date the duty become payable on the article under
appraisement, on the usual wholesale quantities and in the ordinary course of
trade, minus:
a. not more than twenty-five (25) per cent thereof for expenses and
profits; and
b. duties and taxes paid thereon. (as amended by E.O. 156)
Sec. 202. Bases of Dutiable Weight.
On articles that are subject to the specific rate of duty, based on weight, the
duty shall be ascertained as follows:
a. When articles are dutiable by the gross weight, the dutiable weight
thereof shall be the weight of same, together with the weight of all
containers, packages, holders and packing, of any kind, in which said
articles are contained, held or packed at the time of importation.
b. When articles are dutiable by the legal weight thereof shall be the
weight of same, together with the weight of the immediate containers,
holders and/or packing in which such articles are usually contained,
held or packed at the time of importation and/or, when imported in

retail packages, at the time of their sale to the public in usual retail
quantities:
Provided, that when articles are packed in single container, the weight of the
latter shall be included in the legal weight.
a. When articles are dutiable by the net weight, the dutiable weight
thereof shall be only the actual weight of the articles at the time of
importation, excluding the weight of the immediate and all other
containers, holders or packing in which such articles are contained,
held or packed.
b. Articles affixed to cardboard, cards, paper, wood or similar common
material shall be dutiable together with the weight of such holders.
c. When a single package contains imported articles dutiable according to
different weights, or to weight and value, the common exterior
receptacles shall be prorated and the different proportions thereof
treated in accordance with the provisions of this Code as to the
dutiability or non-dutiability of such packing.

Sec. 203. Rate of Exchange. For the assessment and collection of import
duty upon imported articles and for other purposes, the value and prices
thereof quoted in foreign currency shall be converted into the currency of the
Philippines at the current rate of exchange or value specified or published,
from time to time, by the Central Bank of the Philippines.
Sec. 204. Effective Date of Rates of Import Duty. Imported articles shall be
subject to the rate or rates of import duty existing at the time of entry, or
withdrawal from warehouse, in the Philippines, for consumption.
On and after the day when this Code shall go into effect, all articles
previously imported, for which no entry has been made, and all articles
previously entered without payment of duty and under bond for warehousing,
transportation, or any other purpose, for which no permit of delivery to the
importer or his agent has been issued, shall be subject to the rates of any
duty imposed by this Code and to any other duty, upon the entry, or
withdrawal thereof from warehouse, for consumption.
On article abandoned or forfeited to, or seized by, the government, and then
sold at public auction, the rates of duty and the tariff in force on the date of
the auction shall apply: Provided, That duty based on the weight, volume and
quantity of articles shall be levied and collected on the weight, volume and
quantity at the time of their entry into the warehouse or the date of
abandonment, forfeiture and/or seizure.
Sec. 205. Entry, or Withdrawal from Warehouse, for Consumption. Imported
articles shall be deemed "entered" in the Philippines for consumption when
the specified entry form is properly filed and accepted, together with any

related documents required by the provisions of this Code and/or regulations

to be filed with such form at the time of entry, at the port or station by the
customs official designated to receive such entry papers and any duties,
taxes, fees and/or other lawful charges required to be paid at the time of
making such entry have been paid or secured to be paid with the customs
official designated to receive such monies, provided that the article has
previously arrived within the limits of the port of entry.
Imported articles shall be deemed "withdrawn" from warehouse in the
Philippines for consumption when the specified form is properly filed and
accepted, together with any related documents required by any provisions of
this Code and/or regulations to be filed with such form at the time of
withdrawal, by the customs official designated to receive the withdrawal
entry and any duties, taxes, fees and/or other lawful charges required to be
paid at the time of withdrawal have been deposited with the customs official
designated to receive such payment.
V.

Special Duties
Sec. 301. Dumping Duty
a. Whenever the Secretary of Finance (hereinafter called the "Secretary") has
reason to believe, from invoices or other documents or newspapers,
magazines or information made available by any government agency or
interested party, that a specific kind or class of foreign article, is being
imported into, or sold or is likely to be sold in the Philippines, at a price less
than its fair value, the importation and sale of which might injure, or retard
the establishment of, or is likely to injure, an industry producing like goods in
the Philippines, he shall so advise the Tariff Commission (hereinafter called
the "Commission"), and shall instruct the Collector of Customs to require an
anti-dumping bond of twice the dutiable value of the imported article coming
from the specific country.
b. The Commission, upon receipt of the advice from the Secretary shall
conduct an investigation to:
1. Verify if the kind or class of article in question is being imported into, or
sold or is likely to be sold in the Philippines at a price less than its fair
value;
The fair value of an article shall be its home consumption price,
excluding internal excise tax.
If the fair value of an article cannot be determined, the following
rules shall apply:
i.
If the home consumption price is unreliable because of
association or a compensatory arrangement between the
exporter and the importer or a third party, or if the quality of like
to similar articles sold by the producers for home consumption is
negligible in relation to the quality sold for exportation to
countries other than the Philippines as to be an inadequate basis

for comparison, then the fair value of the articles shall be based
from the export price of like articles sold to countries other than
the Philippines, or
ii.
If the country of export is a state-controlled economy, then the
fair value of like articles shall be the home consumption price of
like articles in a proxy country at the same stage of economic
development which is a proven or established competitive
producer of the article under consideration.
iii.
In the case where products are not imported directly from the
country of origin but are exported to the country of importation
from an intermediate country, the fair value shall be the home
consumption in the country of origin or the country of export
whichever is higher.
iv.
If the fair value of such or like articles cannot be determined in
accordance with the preceding paragraphs then, the fair value of
the article under consideration shall be its cost of production as
determined of calculated from reasonably available data.
2. Determine if, as a result thereof, an industry producing like goods in
the Philippines, is being injured or is likely to be injured or is retarded
from being established by reason of the importation or sale of that kind
or class of article into the Philippines: Provided, That a finding that an
article is being imported into the Philippines at a price less than its fair
market value shall be deemed prima facie proof of injury, or retarding
the establishment of an industry producing like goods in the
Philippines: And provided, further, That in determining whether the
domestic industry has suffered is being threatened with injury, the
Commission shall determine whether the wholesale prices at which the
domestic products are sold are reasonable, taking into account the
cost of raw materials, labor, overhead, a fair return on investment and
the overall efficiency of the industry; and
3. Ascertain the difference, if any, between the purchase price and the
fair market value of the article. The Commission shall submit its
findings to the Secretary within sixty (60) days after the submission of
the memoranda of the parties which shall not be later than fifteen (15)
days after the termination of the public hearing.
c. The Secretary shall, within sixty (60) days after receipt of the report of the
Commission, decide whether the article in question is being imported in
violation of this section and shall give due notice of such decision and shall
direct the Commissioner of Customs to cause the dumping duty, to be levied,
collected and paid, as prescribed in this section, in addition to any other
duties, taxes and charges as prescribed in this section, addition to any other
duties, taxes and charges imposed by law on such article, and on the articles
of the same specific kind or class subsequently imported under similar
circumstances coming from the specific country.

d. The "Dumping Duty" as provided for in sub-section "c" hereof shall be

equal to the difference between the actual purchase price and the fair value
of the article as determined in the dumping decision. All importations of like
articles within sixty (60)days immediately preceding the filing of the protest
are covered by the investigation. However, in cases of subsequent
importations of the same kind or class of article from the specific country
named in the protest, the dumping duty shall be equal to the difference
between the actual purchase price and the fair value actually existing at the
time of importation as determined by the Tariff Commission from the
supporting documents submitted or from other reliable sources.
e. Pending investigation and final decision of the case, the article in question,
and articles of the same specific kind or class subsequently imported under
similar circumstances, shall be released to the owner, importer, consignee or
agent upon the giving of a bond in an amount equal to twice the estimated
dutiable value thereof.
f. Any aggrieved party may appeal only the amount of the dumping duty to
the Court of Tax Appeals in the same manner and within the same period
provided for by law in the case of appeal from decision of the Commissioner
of Customs.
g.
(1) The article, if it has not been previously released under bond as
provided for in subsection "e" hereof, shall be released after payment by the
party concerned of the corresponding dumping duty in addition to any
ordinary duties, taxes, and charges, if any, or re-exported by the owner,
importer, consignee or agent, at his option and expense, upon the filing of a
bond in an amount equal to twice the estimated dutiable value of the article,
conditioned upon presentation of landing certificate issued by a consular
officer of the Philippines at the country of destination; or
(2) If the article has been previously released under bond, as provided in
subsection "e" hereof, the party concerned shall be required to pay the
corresponding dumping duty in addition to any ordinary duties, taxes and
charges, if any.
h.
Any investigation to be conducted by the Commission under this
section shall include a public hearing or hearings where the importer,
consignee or agent, of the imported article, the local producers of a like
article, other parties directly affected, and such other parties as in the
judgment of the Commission are entitled to appear, shall be given an
opportunity to be heard and to present evidence bearing on the subject
matter.
i.
The established dumping duty shall be subject to adjustment based on
the prevailing home consumption price or the exporter's sales price to third
country or the home consumption price of a proxy country or in the absence
thereof, the cost of production. The Commission shall conduct quarterly

examination and/or verification of the fair value to determine the necessity of

adjustment. Should the Secretary, upon receipt of the report of the
Commission, find that there is a need for an adjustment he shall direct the
commissioner of Customs to effect the necessary adjustment in dumping
duty.
The Philippines Finance Attache or, in the absence thereof, the Commercial
Attache or, in the absence thereof, the diplomatic officer and/or consular
officer abroad shall be advised by the Secretary of any article covered by
dumping decision. The concerned Attache or the Officer shall submit
quarterly report on home consumption prices, or in the absence thereof, the
cost of production, of said articles to the Secretary and the Commission, thru
the department head.
j.
Whenever the Commission, on its own motion or upon the application
of any interested party, finds that any of the conditions which necessitated
the imposition of the dumping duty has ceased to exist, it shall submit the
necessary recommendation to the Secretary for the discontinuance or
modification of such dumping duty. Any decision or order made under this
section by the Secretary shall be published in the Official Gazette and/or in a
newspaper of general circulation.
k.
Any dumping decision promulgated by the Secretary shall be effective
for a period of five years from the time of its promulgation except upon the
representation of the interested party of the necessity to continues the
implementation of said decision, in which case the Secretary shall advice the
Commission to conduct an investigation to determine whether the conditions
in paragraphs b-1 and b-2 still exist. The action for extension shall be brought
before the Secretary at least six (6) months before the expiration of the
period.
The findings of the Commission shall be submitted to the Secretary at least
three (3) months before the expiration of the period. [All industries protected
by any dumping decision for five years or more from the time of its
promulgation may apply for extension to the Secretary within six (6) months
from effectivity of this Decree. The decision shall be deemed terminated upon
failure to file the application within the period so provided.]
l.
The Secretary and the Commission shall promulgate all rules and
regulations necessary to carry out their respective functions under this
Section.
Sec. 302. Countervailing Duty
a.
Whenever any article is directly or indirectly granted any bounty,
subsidy or subvention upon its production, manufacture or exportation in the
country of origin and/or exportation, and the importation of which has been
determined by the Secretary, after investigation and report of the
Commission, as likely to injure an established industry, or prevent or

considerably retard the establishment of an industry in the Philippines, there

shall be levied a countervailing duty equal to the ascertained or estimated
amount of such bounty, countervailing duty equal to the ascertained or
estimated amount of such bounty, subsidy or subvention: Provided, That the
injury criterion to a domestic industry shall be applied only in case of imports
from countries which adhere to the GATT Code on Subsidies and
Countervailing Duties; Provided further, That the exemption of any exported
article from duty or tax imposed on like articles when destined for
consumption in the country of origin and/or exportation or the refunding of
such duty or tax, shall not be deemed to constitute a grant of a bounty,
subsidy or subvention within the meaning of this subsection: Provided,
furthermore, That should an article be allowed drawback by the country of
origin and/or exportation, only the ascertained or estimated excess of the
amount of the drawback over the total amount of the duties and/or internal
taxes, if any, shall constitute a bounty, subsidy or subvention: Provided,
finally, That petitions for imposition of countervailing duty shall be filed with
the Secretary of Finance. Upon finding of a prima facie case of bounty,
subsidy or subvention enjoyed by the imported article and injury to, or
likelihood of injury to a domestic industry, the Secretary shall refer the case
to the Tariff Commission for investigation for investigation and shall instruct
the Commissioner of Customs to require the filing of countervailing bonds for
importations entered during the pendency of countervailing proceedings;
b.
The Secretary shall, after receipt of the reports of the Commission,
decide whether the article in question is granted any bounty, subsidy or
subvention and if so, fix the countervailing duty equal to the ascertained or
estimated bounty, subsidy or subvention. He shall give due notice of his
decision and shall direct the Commissioner of Customs to cause the
countervailing duty to be levied, collected and paid in addition to any
ordinary duties, taxes and charges imposed by law on such articles and on
articles of the same specific kind or class subsequently imported under
similar circumstances;
c.
Pending investigation and final decision of the case, the article in
question shall not be released from customs custody to the owner except
upon the filing of a bond equal to the ascertained or estimated amount of
bounty, subsidy or subvention as provisionally determined by the Secretary of
Finance;
d.
The article, if not previously released under bond as provided for in this
section, shall be released after payment by the party concerned of the
corresponding countervailing duty in addition to any ordinary duties, taxes
and charges, if any, or re-exported upon the filing of a bond in an amount
twice the estimated dutiable value of the article, conditioned upon the
presentation of a landing certificate issued by a consular officer of the
Philippines at the country of destination. If the article has been previously
released under bond, the party concerned shall be required to pay the

corresponding countervailing duty in addition to ordinary duties, taxes and

other charges, if any;
e.
Whenever the Commission, on its motion or upon application of any
interested party, finds that the condition which necessitated the imposition of
the countervailing duty has ceased to exist, it shall submit the necessary
recommendations to the Secretary for the discontinuance of the imposition of
that duty. Any order made under this section by the Secretary shall be
published in the Official Gazette and/or in a newspaper of general circulation;
f.
Any countervailing decision promulgated by the Secretary shall be
effective for a period of five (5) years from the time of its promulgation
except upon the representation of the interested party of the necessity to
continue the implementation of said decision, in which case the Secretary
shall advise the Commission to conduct an investigation to determine
whether the conditions in paragraph "a" still exist. The action for extension
shall be brought before the Secretary at least six (6) months before the
expiration of the period. The findings of the Commission shall be submitted to
the Secretary at least three (3) months before the expiration of the period.
g.
The Secretary and the Commission shall promulgate all rules and
regulations necessary to carry out their respective functions under this
section.
Sec. 303. Marking of Imported Articles and Containers
a.
Marking of Articles. Except as hereinafter provided, every article of
foreign origin (or its container, as provided in subsection "b" hereof) imported
into the Philippines shall be marked in any official language of the Philippines
and in a conspicuous place as legibly, indelibly and permanently as the
nature of the article (or container) will permit in such manner as to indicate to
an ultimate purchaser in the Philippines the name of the country of origin of
the article. The Commissioner of Customs shall, with the approval of the
department head, issue rules and regulations to
1. Determine the character of words and phrases or abbreviation thereof
which shall be acceptable as indicating the country of origin and
prescribe any reasonable method of marking, whether by printing,
stenciling, stamping, branding, labeling or by any other reasonable
method, and a conspicuous place on the article or container where the
marking shall appear.
2. Require the addition of any other words or symbols which may be
appropriate to prevent deception or mistake as to the origin of the
article or as to the origin of any other article with which such imported
article is usually combined subsequent to importation but before
delivery to an ultimate purchaser; and

3. Authorize the exception of any article from the requirements of

marking if
a. Such article is incapable of being marked;
b. Such article cannot be marked prior to shipment to the
Philippines without injury;
c. Such article cannot be marked prior to shipment to the
Philippines, except at an expense economically prohibitive of its
importation;
d. The marking of a container of such article will reasonably
indicate the origin of such article;
e. Such article is a crude substance;
f. Such article is imported for use by the importer and not
intended for sale in its imported or any other form;
g. Such article is to be processed in the Philippines by the importer
or for his account otherwise than for the purpose of concealing
the origin of such article and in such manner that any mark
contemplated by this section would necessarily be obliterated,
destroyed or permanently concealed;
h. An ultimate purchaser, by reason of the character of such article
or by reason of the circumstances of its importation must
necessarily know the country of origin of such article even
though it is not marked to indicate its origin;
i. Such article was produced more than twenty years prior to its
importation into the Philippines; or
j. Such article cannot be marked after importation except at an
expense which is economically prohibitive, and the failure to
mark the article before importation was not due to any purpose
of the importer, producer, seller or shipper to avoid compliance
with this section.
b.
Marking of Containers. Whenever an article is excepted under
subdivision (3) of subsection "a" of this section from the requirements of
marking, the immediate container, if any, of such article, or such other
container or containers of such article as may be prescribed by the
Commissioner of Customs with the approval of the department head, shall be
marked in such manner as to indicate to an ultimate purchaser in the
Philippines the name of the country of origin of such article in any official
language of the Philippines, subject to all provisions of this section, including
the same exceptions as are applicable to articles under subdivision (3) of
subsection "a".
c.
Marking Duty for Failure to Mark. If at the time of importation any
article (or its container, as provided in subsection "b" hereof), is not marked
in accordance with the requirements of this section, there shall be levied,
collected and paid upon such article a marking duty of 5 per cent ad valorem,
which shall be deemed to have accrued at the time of importation, except
when such article is exported or destroyed under customs supervision and
prior to the final liquidation of the corresponding entry.

d.
Delivery Withheld Until Marked. No imported article held in customs
custody for inspection, examination or appraisement shall be delivered until
such article and/or its containers, whether released or not from customs
custody, shall have been marked in accordance with the requirements of this
section and until the amount of duty estimated to be payable under
subsection "c" of this section shall have been deposited. Nothing in this
section shall be construed as excepting any article or its container from the
particular requirements of marking provided for in any provision of law.
e.
The failure or refusal of the owner or importer to mark the articles as
herein required within a period of thirty days after due notice shall constitute
as an act of abandonment of said articles and their disposition shall be
governed by the provisions of this Code relative to abandonment of imported
articles.
Sec. 304. Discrimination by Foreign Countries
a.
The President, when he finds that the public interest will be serves
thereby, shall by proclamation specify and declare new or additional duties in
an amount not exceeding one hundred (100) per cent ad valorem upon
articles wholly or in part the growth or product of, or imported in a vessel of,
any foreign country whenever he shall find as a fact that such country
1. Imposes, directly or indirectly, upon the disposition or
transportation in transit through or re-exportation from such
country of any article wholly or in part the growth or product of the
Philippines, any unreasonable charge, exaction, regulation or
limitation which is not equally enforced upon the like articles of
every foreign country; or
2. Discriminates in fact against the commerce of the Philippines,
directly or indirectly, by law or administrative regulation or practice,
by or in respect to any customs, tonnage, or port duty, fee, charge,
exaction, classification, regulation, condition, restriction or
prohibition, in such manner as to place the commerce of the
Philippines at a disadvantage compared with the commerce of any
foreign country.
b.
If at any time the President shall find it to be a fact that any foreign
country has not only discriminated against the commerce of the Philippines,
as aforesaid, but has, after the issuance of a proclamation as authorized in
subsection "a" of this section, maintained or increased its said discrimination
against the commerce of the Philippines, the President is hereby authorized,
if he deems it consistent with the interests of the Philippines, to issue a
further proclamation directing that such product of said country or such
article imported in its vessels as he shall deem consistent with the public
interests, shall be excluded from importation into the Philippines.

c.
Any proclamation issued by the President under this section shall, if he
deems it consistent with the interest of the Philippines, extend to the whole of
any foreign country or may be confined to any subdivision or subdivisions
thereof; and the President shall, whenever he deems the public interests
require, suspend, revoke, supplement or amend any such proclamation.
d.
All articles imported contrary to the provisions of this section shall be
forfeited to the Government of the Philippines and shall be liable to be seized,
prosecuted and condemned in like manner and under the same regulations,
restrictions and provisions as may from time to time be established for the
recovery, collection, distribution and remission or forfeiture to the
government by the tariff and customs laws. Whenever the provision of this
section shall be applicable to importations into the Philippines of articles
wholly or in part the growth or product of any foreign country, they shall be
applicable thereto, whether such articles are imported directly or indirectly.
e.
It shall be the duty of the Commission to ascertain and at all times to
be informed whether any of the discrimination against the commerce of the
Philippines enumerated in subsections "a" and "b" of this section are
practiced by any country; and if and when such discriminatory acts are
disclosed, it shall be the duty of the Commission to bring the matter to the
attention of the President, together with recommendations.
f.
The Secretary of finance shall make such rules and regulations as are
necessary for the execution of such proclamation as the President may issue
in accordance with the provisions of this section.
VI.

Documents required for importation of goods

Importers Accreditation
The importers accreditation will be valid for a period of one (1) year which
accreditation may be renewed by filing an application for its renewal at least
thirty (30) days prior to the date of expiration. An application for accreditation
in the prescribed form must be filed with the BOC supported by the following
documents:
1. Special Power of Attorney (in case of representative applicant) or Board
Resolution of authorized representative (for Corporations);
2.

Bureau of Customs Official Receipt (BCOR) evidencing payment of

registration fee;

3. Printed Client Profile Registration System (CPRS) Application profile;

4. Mayors Permit and Barangay Clearance (Business Permits);
5.

Bureau of Internal Revenue (BIR) Tax Identification Number (TIN)

and/or VAT (nonVAT) Certificate;

6. Valid ID and Community Tax Certificate (CTC) of applicant;

7. Securities and Exchange Commission (SEC) Certificate of Registration,
Articles of Incorporation and Bylaws (for Corporations); Proof of
registration with the Department of Trade and Industry (DTI) (for Sole
Proprietorships);
8. Audited Financial Statements (AFS) for the past year (if applicable);
9. Bureau of Investments (BOI) Certificate of Registration (if applicable);
10.Income Tax Returns, Certified True Copy of VAT returns for the past 3
years (if applicable);
11.Proof of ownership or lawful occupancy of the business premises, as
the case may be;
12.Proof of utility billing;
13.Company profile with pictures of premises;
14.Location map of principal place of business;
15.Capital structure

Three classes of imports in the Philippines:

1. Freely importable commodities are commodities which importation
may be effected without the prior approval of or clearance from any
government agency.
2. Regulated commodities are importations that require
clearances/permits from appropriate government agencies.
3. Prohibited commodities fall under the class of commodities which
importation is not allowed under existing laws.
List of Regulated Commodities Requiring Import Permits:

Import Entry
Upon importation of the subject items, importers must file an import entry
and internal revenue declaration with the BOC within 30 days from the date
of discharge of the last package from the vessel.
In general, The following documents are required to be submitted to the BOC:
1. Import Entry and Internal Revenue Declaration;
2. Supplemental Declaration on Value (SDV);
3. Bill of Lading (BL) or Airway Bill (AWB);
4.

Commercial Invoice;

5. Packing List;
6. Processing Report Form;
7.

Certificate of Origin (if applicable);

8. Insurance Certificate/Policy (if applicable)

9. Duty/Tax exemption (if applicable);
10.Other Import Permits (if applicable)

Two Forms of Import Entry

1. Informal Entry
2. Formal Entry
INFORMAL ENTRY PROCEDURE

Articles of a commercial in nature intended for sale, barter or hire

which is dutiable value is P2,000 or less ( Section 1302 TCCP ).
Articles in accompanied baggage by passengers OFW, returning
residents
Consolidated shipments contained in balikbayan boxes thru an Intl
Freight Forwarding Service.

FORMAL IMPORT ENTRY

Articles of a commercial nature intended for sale, barter or hire, the

dutiable value of which is more than P2,000.00
Articles for, which the Collector may, upon the recommendation of the
Tariff Commission for the protection of a local industry, or the revenue,
require formal entry regardless of value and whatever purpose and
nature of the importation.

Documents Required
1. Commercial Invoice

It must identify the buyer and seller, and clearly indicate the (1)
date and term of sale, (2) quantity, weight and/or volume of
the shipment, (3) type of packaging, (4) complete description of
goods, (5) unit value and total value, and
(6) insurance, shipping and other charges.

2. Packing List

Itemized list of articles usually included in each shipping package,

giving the quantity, description, and weight of the contents.

3. Licenses, Permits, or Clearance

Revocable written or implied agreement by

an authority or proprietor not to assert his or her right to prevent
another party from engaging certain activity that is normally
forbidden.

4. Temporary Assessment Notice

Issued by the Value Added Service Providers (VASP) after filling of entry
in Electronics to mobile (e2m).

5. Bill of Lading

a bill of lading contains (1) consignor's and consignee's name,

(2) names of the ports of departure and destination, (3) name of the
vessel, (4) dates of departure and arrival, (5) itemized list of goods
being transported with number of packages and kind of packaging,
(6) marks and numbers on the packages, (7) weight and/or volume of
the cargo, (8) freight rate and amount.

6. Single Administrative Document

The document uses harmonized codes to identify the countries of

origin and destination, the exporter or carrier, the party(s) responsible
for making the customs declaration and settlement payments,
an inventory of the goods and the number of containers.

Customs Memorandum Order No. 29-2015

Eliminates the unnecessary use of papers and expensive forms

Implements the memorandum of agreement on the electronic

interchange of information between BOC, BIR, Philippine Statistics
Authority, Tariff Commission, and other government agencies

Discontinued use of IEIRD or BC form 236

Value Added Service Providers

Extends the services being offered by the Bureau by being the first line
of contact of BOC clients for most business transactions

Eligible VASP accredited by the BOC:

VII.

Cargo Data Exchange Center, Inc. (CDEC)

E-KONEK PILIPINAS, Inc.

Intercommerce Network Services, Inc. (INS)

Documents required for export of goods

When preparing to ship a product overseas, the exporter needs to be aware
of packing, labeling, documentation, and insurance requirements. Because
the goods are being shipped by unknown carriers to distant customers, the
new exporter must be sure to follow all shipping requirements to help ensure
that the merchandise is
packed correctly so that it arrives in good condition;
labeled correctly to ensure that the goods are handled properly and
arrive on time and at the right place;
documented correctly to meet local and foreign government
requirements as well as proper collection standards; and
insured against damage, loss, and pilferage and, in some cases, delay.
Because of the variety of considerations involved in the physical export
process, most exporters, both new and experienced, rely on an international
freight forwarder to perform these services.
FREIGHT FORWARDERS
The international freight forwarder acts as an agent for the exporter in
moving cargo to the overseas destination. These agents are familiar with the
import rules and regulations of foreign countries, methods of shipping,
government export regulations, and the documents connected with foreign
trade.
Freight forwarders can assist with an order from the start by advising the
exporter of the freight costs, port charges, consular fees, cost of special
documentation, and insurance costs as well as their handling fees - all of
which help in preparing price quotations. Freight forwarders may also
recommend the type of packing for best protecting the merchandise in

transit; they can arrange to have the merchandise packed at the port or
containerized. The cost for their services is a legitimate export cost that
should be figured into the price charged to the customer.

When the order is ready to ship, freight forwarders should be able to review
the letter of credit, commercial invoices, packing list, and so on to ensure
that everything is in order. They can also reserve the necessary space on
board an ocean vessel, if the exporter desires.
If the cargo arrives at the port of export and the exporter has not already
done so, freight forwarders may make the necessary arrangements with
customs brokers to ensure that the goods comply with customs export
documentation regulations. In addition, they may have the goods delivered to
the carrier in time for loading. They may also prepare the bill of lading and
any special required documentation. After shipment, they forward all
documents directly to the customer or to the paying bank if desired.
PACKING
In packing an item for export, the shipper should be aware of the demands
that exporting puts on a package. Four problems must be kept in mind when
an export shipping crate is being designed: breakage, weight, moisture, and
pilferage.
Most general cargo is carried in containers, but some is still shipped as
breakbulk cargo. Besides the normal handling encountered in domestic
transportation, a breakbulk shipment moving by ocean freight may be loaded
aboard vessels in a net or by a sling, conveyor, chute, or other method,
putting added strain on the package. In the ship's hold, goods may be
stacked on top of one another or come into violent contact with other goods
during the voyage. Overseas, handling facilities may be less sophisticated
than in your country and the cargo may be dragged, pushed, rolled, or
dropped during unloading, while moving through customs, or in transit to the
final destination.
Moisture is a constant problem because cargo is subject to condensation
even in the hold of a ship equipped with air conditioning and a dehumidifier.
The cargo may also be unloaded in the rain, and some foreign ports do not
have covered storage facilities. In addition, unless the cargo is adequately
protected, theft and pilferage are constant threats.
Since proper packing is essential in exporting, often the buyer specifies
packing requirements. If the buyer does not so specify, be sure the goods are
prepared with the following considerations in mind:
Pack in strong containers, adequately sealed and filled when
possible.

To provide proper bracing in the container, regardless of size, make

sure the weight is evenly distributed.
Goods should be packed in oceangoing containers, if possible, or on
pallets to ensure greater ease in handling. Packages and packing
filler should be made of moisture-resistant material.
To avoid pilferage, avoid mentioning contents or brand names on
packages. In addition, strapping, seals, and shrink wrapping are
effective means of deterring theft.

One popular method of shipment is the use of containers obtained from

carriers or private leasing concerns. These containers vary in size, material,
and construction and can accommodate most cargo, but they are best suited
for standard package sizes and shapes. Some containers are no more than
semi-truck trailers lifted off their wheels and placed on a vessel at the port of
export. They are then transferred to another set of wheels at the port of
import for movement to an inland destination. Refrigerated and liquid bulk
containers are readily available.
Normally, air shipments require less heavy packing than ocean shipments,
but they must still be adequately protected, especially if highly pilferable
items are packed in domestic containers. In many instances, standard
domestic packing is acceptable, especially if the product is durable and there
is no concern for display packaging. In other instances, high-test (at least 250
pounds per square inch) cardboard or tri-wall construction boxes are more
than adequate.
For both ocean and air shipments, freight forwarders and carriers can advise
on the best packaging. Marine insurance companies are also available for
consultation. It is recommended that a professional firm be hired to package
for export if the exporter is not equipped for the task.
This service is usually provided at a moderate cost.
Finally, because transportation costs are determined by volume and weight,
special reinforced and lightweight packing materials have been devised for
exporting. Care in packing goods to minimize volume and weight while giving
strength may well save money while ensuring that goods are properly
packed.
LABELING
Specific marking and labeling is used on export shipping cartons and
containers to
meet shipping regulations,
ensure proper handling,
conceal the identity of the contents, and
help receivers identify shipments.

The overseas buyer usually specifies export marks that should appear on the
cargo for easy identification by receivers. Many markings may be needed for
shipment. Exporters need to put the following markings on cartons to be
shipped:
Shipper's mark.
Country of origin (exporters' country).
Weight marking (in pounds and in kilograms).
Number of packages and size of cases (in inches and centimeters).
Handling marks (international pictorial symbols).
Cautionary markings, such as "This Side Up" or "Use No Hooks" (in
English and in the language of the country of destination).
Port of entry.
Labels for hazardous materials (universal symbols adapted by the
International Maritime Organization).
Legibility is extremely important to prevent misunderstandings and delays in
shipping. Letters are generally stenciled onto packages and containers in
waterproof ink. Markings should appear on three faces of the container,
preferably on the top and on the two ends or the two sides. Old markings
must be completely removed.
In addition to port marks, customer identification code, and indication of
origin, the marks should include the package number, gross and net weights,
and dimensions. If more than one package is being shipped, the total number
of packages in the shipment should be included in the markings. The exporter
should also include any special handling instructions on the package. It is a
good idea to repeat these instructions in the language of the country of
destination. Standard international shipping and handling symbols should
also be used.
Exporters may find that customs regulations regarding freight labeling are
strictly enforced; for example, most countries require that the country of
origin be clearly labeled on each imported package. Most freight forwarders
and export packing specialists can supply necessary information regarding
specific regulations.
DOCUMENTATION
Exporters should seriously consider having the freight forwarder handle the
formidable amount of documentation that exporting requires; freight
forwarders are specialists in this process. The following documents are
commonly used in exporting; which of them are actually used in each case
depends on the requirements of both our government and the government of
the importing country.
1. Commercial invoice. As in a domestic transaction, the commercial
invoice is a bill for the goods from the buyer to the seller. A commercial
invoice should include basic information about the transaction,

including a description of the goods, the address of the shipper and

seller, and the delivery and payment terms. The buyer needs the
invoice to prove ownership and to arrange payment. Some
governments use the commercial invoice to assess customs duties.
2. Bill of lading. Bills of lading are contracts between the owner of the
goods and the carrier (as with domestic shipments). There are two
types. A straight bill of lading is nonnegotiable. A negotiable or
shipper's order bill of lading can be bought, sold, or traded while goods
are in transit and is used for letter-of-credit transactions. The customer
usually needs the original or a copy as proof of ownership to take
possession of the goods.
3. Consular invoice. Certain nations require a consular invoice, which is
used to control and identify goods. The invoice must be purchased
from the consulate of the country to which the goods are being
shipped and usually must be prepared in the language of that country.
4. Certificate of origin. Certain nations require a signed statement as to
the origin of the export item. Such certificates are usually obtained
through a semiofficial organization such as a local chamber of
commerce. A certificate may be required even though the commercial
invoice contains the information.
5. Inspection certification. Some purchasers and countries may require a
certificate of inspection attesting to the specifications of the goods
shipped, usually performed by a third party. Inspection certificates are
often obtained from independent testing organizations.
6. Dock receipt and warehouse receipt. These receipts are used to
transfer accountability when the export item is moved by the domestic
carrier to the port of embarkation and left with the international carrier
for export.
7. Destination control statement. This statement appears on the
commercial invoice, ocean or air waybill of lading, and SED to notify
the carrier and all foreign parties that the item may be exported only
to certain destinations.
8. Insurance certificate. If the seller provides insurance, the insurance
certificate states the type and amount of coverage. This instrument is
negotiable.
9. Export license. (when needed).
10.Export packing list. Considerably more detailed and informative than a
standard domestic packing list, an export packing list itemizes the
material in each individual package and indicates the type of package:
box, crate, drum, carton, and so on. It shows the individual net, legal,
tare, and gross weights and measurements for each package . Package
markings should be shown along with the shipper's and buyer's
references. The packing list should be attached to the outside of a
package in a waterproof envelope marked "packing list enclosed." The
list is used by the shipper or forwarding agent to determine (1) the
total shipment weight and volume and (2) whether the correct cargo is

being shipped. In addition, customs officials (both local and foreign)

may use the list to check the cargo.
Documentation must be precise. Slight discrepancies or omissions may
prevent merchandise from being exported, result in exporting firms not
getting paid, or even result in the seizure of the exporter's goods by local or
foreign government customs. Collection documents are subject to precise
time limits and may not be honored by a bank if out of date. Much of the
documentation is routine for freight forwarders or customs brokers acting on
the firm's behalf, but the exporter is ultimately responsible for the accuracy
of the documentation.
The number of documents the exporter must deal with varies depending on
the destination of the shipment. Because each country has different import
regulations, the exporter must be careful to provide proper documentation. If
the exporter does not rely on the services of a freight forwarder, there are
several methods of obtaining information on foreign import restrictions:
Foreign government embassies and consulates can often provide
information on import regulations.
The Air Cargo Tariff Guidebook lists country-by-country regulations
affecting air shipments. Other information includes tariff rules and
rates, transportation charges, air waybill information, and special
carrier regulations. Contact the Air Cargo Tariff, P.O. Box 7627, 1117
ZJ Schiphol Airport, Netherlands.
The National Council on International Trade Documentation (NCITD)
provides several low-cost publications that contain information on
specific documentation commonly used in international trade.
NCITD provides a free listing of its publications. Contact National
Council on International Trade Documentation, 350 Broadway, Suite
1200, New York, NY 10013; telephone 212-925-1400.
SHIPPING
The handling of transportation is similar for domestic orders and export
orders. The export marks should be added to the standard information shown
on a domestic bill of lading and should show the name of the exporting
carrier and the latest allowed arrival date at the port of export. The exporter
should also include instructions for the inland carrier to notify the
international freight forwarder by telephone on arrival.
International shipments are increasingly being made on a through bill of
lading under a multimodal contract. The multimodal transport operator
(frequently one of the modal carriers) takes charge of and responsibility for
the entire movement from factory to the final destination.
When determining the method of international shipping, the exporter may
find it useful to consult with a freight forwarder. Since carriers are often used
for large and bulky shipments, the exporter should reserve space on the

carrier well before actual shipment date (this reservation is called the
booking contract).
The exporter should consider the cost of shipment, delivery schedule, and
accessibility to the shipped product by the foreign buyer when determining
the method of international shipping. Although air carriers are more
expensive, their cost may be offset by lower domestic shipping costs
(because they may use a local airport instead of a coastal seaport) and
quicker delivery times. These factors may give the exporter an edge over
other competitors, whose service to their accounts may be less timely.
Before shipping, the firm should be sure to check with the foreign buyer
about the destination of the goods. Buyers often wish the goods to be
shipped to a free-trade zone or a free port where goods are exempt from
import duties.
INSURANCE
Export shipments are usually insured against loss, damage, and delay in
transit by cargo insurance. For international shipments, the carrier's liability is
frequently limited by international agreements and the coverage is
substantially different from domestic coverage. Arrangements for cargo
insurance may be made by either the buyer or the seller, depending on the
terms of sale. Exporters are advised to consult with international insurance
carriers or freight forwarders for more information.
Damaging weather conditions, rough handling by carriers, and other common
hazards to cargo make marine insurance important protection for exporters. If
the terms of sale make the firm responsible for insurance, it should either
obtain its own policy or insure cargo under a freight forwarder's policy for a
fee. If the terms of sale make the foreign buyer responsible, the exporter
should not assume (or even take the buyer's word) that adequate insurance
has been obtained. If the buyer neglects to obtain coverage or obtains too
little, damage to the cargo may cause a major financial loss to the exporter.