TARIFF
AND CUSTOMS LAWS OF THE PHILIPPINES
This page features the full text of
Republic Act No. 1937
Tariff
and Customs Code of the Philippines
AN
ACT TO REVISE AND CODIFY THE TARIFF AND CUSTOMS LAWS OF THE PHILIPPINES
...
...
REPUBLIC
ACT NO. 1937
.
AN
ACT TO REVISE AND CODIFY THE TARIFF AND CUSTOMS LAWS OF THE PHILIPPINES
BOOK
II
CUSTOMS
LAW
TITLE
V
WAREHOUSING
OF IMPORTED ARTICLES
PART
1
WAREHOUSING
IN GENERAL
Section
1901. Establishment and Supervision
of Warehouses. — When the business of the port requires such
facilities,
the Collector shall designate and establish warehouses for use as
general
order stores, public and private bonded warehouses, sheds or yards, or
for other purposes.
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All
such warehouses and premises shall be subject to the supervision of the
Collector, who shall impose such conditions as may be deemed necessary
for the protection of the revenue and of the articles stored therein.
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Sec.
1902. Responsibility of Government.
— The Government assumes no legal responsibility in respect to the
safekeeping
of articles stored in any customs or bonded warehousee.
Sec.
1903. Bonded Warehouses. — Application
for the establishment of bonded warehouses must be made in writing to
the
Collector, describing the premises, the location, and capacity of the
same,
and the purpose for which the building is to be used.
Upon
receipt of such application, the Collector shall cause an examination
of
the premises to be made, with reference particularly to its location,
construction
and means provided for the safekeeping of articles and if found
satisfactory
he may authorize its establishment, and accept a bond for its operation
and maintenance.
The
Collector shall appoint storekeepers and other employees for such
bonded
warehouses, whose salaries shall be collected from operators of
warehouses
where the service is rendered.
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Sec.
1904. Warehousing Bond. — After
articles declared is the entry for warehousing have been examined and
the
duties, taxes and other charges had been determined, the Collector
shall
require from the importer, a bond equivalent to one and one-half times
the amount of such duties, taxes and other charges, conditioned upon
the
withdrawal of the articles within the period prescribed by section
nineteen
hundred and eight of this Code and for payment of any duties, taxes and
other charges to which the articles shall be then subject.
Sec.
1905. Discontinuance of Warehouses.
— The use of any warehouse may be discontinued by the Collector at any
time when conditions so warrant, or, in case of a private warehouse
upon
receipt of written request to that effect from the operator thereof of
the premises, provided all the requirements of the law and regulations
have been complied with by said operator. Where dutiable article is
stored
in such premises the same must be removed at the risk and expense of
the
operator and the premises shall not be relinquished, nor discontinuance
of its use authorized, until after a careful examination of the
accounts
of the warehouse and a comparison thereof with the books of the
customhouse
shall have been made.
Sec.
1906. Entry of Articles for Warehousing.
— The entry of articles for warehousing shall be in the required number
of copies in the prescribed form, and shall be verified as in the entry
of articles for consumption. No warehousing entry shall be accepted for
any article if from the entry, supporting documents and/or information
such article is imported contrary to any law.
Sec.
1907. Withdrawal of Articles
from Bonded Warehouse. — Articles entered under bond may be withdrawn
at
any time for consumption, for transportation to another port, for
exportation
or for delivery on board a vessel or aircraft engaged in foreign trade
for use on board such vessel or aircraft as sea stores or stores for
aircraft
after liquidation of the entry. The withdrawal must be made by a person
or firm named in the original warehouse entry, or by a person or firm
duly
authorized by the former, whose authority must appear in writing upon
the
face of the withdrawal.
Sec.
1908. Limit to Period Of Storage
in Bonded Warehouse. — Articles duly entered for warehousing may remain
in bonded warehouses for a period of two years from the time of arrival
at the port of entry, which period may for sufficient reason be further
extended for not more than one year by the Commissioner whenever
sufficient
reasons for such extension are presented to him. Articles not withdrawn
at the expiration of the prescribed period shall be sold at auction by
the Collector.
Sec.
1909. Charges of Storage In Bonded
Warehouses. — The rates of storage in public or private bonded
warehouses
shall be subject to arrangement between the importer and the warehouse
operator, but such rates shall not be in excess of the customary
charges
fixed by the Collector of the port for such warehouses.
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PART
2
BONDED
MANUFACTURING AND SMELTING WAREHOUSES
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Sec.
2001. Establishment of Bonded
Manufacturing Warehouses. — All articles manufactured in whole or in
part
of imported materials, and intended for exportation without being
charged
with duty, shall, in order to be so manufactured and exported, be made
and manufactured in bonded warehouses under such rules and regulations
as the Commissioner, with the approval of the department head, shall
prescribed:
Provided, That the manufacturer of such articles shall first file a
satisfactory
bond for the faithful observance of all laws, rules and regulations
applicable
thereto.
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Sec.
2002. Exemption From Duty. —
a. Whenever articles manufactured
in any bonded warehouse established under the provisions of the
preceding
section shall be exported directly therefrom or shall be duly laden for
immediate exportation under the supervision of the proper official such
articles shall be exempt from duty.
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b. Any
imported material used in the manufacture of such articles, and any
packages,
coverings, brands and labels used in putting up the same may, under the
regulations prescribed by the Commissioner with the approval of the
department
head, be conveyed without the payment of duty into any bonded
manufacturing
warehouse, and imported articles may, under the aforesaid regulations,
be transferred without the payment of duty from any bonded warehouse
into
any bonded manufacturing warehouse; but this privilege shall not be
held
to apply to implements, machinery or apparatus to be used in the
construction
or repair of any bonded manufacturing warehouse or for the operation of
the business carried on therein.
Sec.
2003. Procedure for Withdrawal.
— Articles received into such bonded manufacturing warehouse or
articles
manufactured therein may be withdrawn or removed therefrom for direct
shipment
and for immediate exportation in bond to foreign countries under the
supervision
of the proper official, who shall certify to such shipment and
exportation,
or lading for immediate exportation as the case may be, describing the
articles by their mark or otherwise, the quantity, the date of
exportation
and the name of the vessel or aircraft: Provided, That the
waste
and by-products incident to the processes of manufacture in said bonded
warehouse may be withdrawn for domestic consumption upon payment of
duty
equal to the duty which would be assessed and collected pursuant to law
as if such waste or by-products were imported from a foreign country: Provided,
further, That all waste materials may be destroyed under government
supervision. All labor performed and services rendered under these
provisions
shall be under the supervision of a proper customs official and at the
expense of the manufacturer.
Sec.
2004. Verification by the Commissioner.
— A careful account shall be kept by the Collector of all articles
delivered
by him to any bonded manufacturing warehouse, and a sworn monthly
return,
verified by the customs official in charge, shall be made by the
manufacturer
containing a detailed statement of all imported articles used by him in
the manufacture of the exported articles.
Before
commencing business the operator of any manufacturing warehouse shall
file
with the Commissioner a list of all the articles intended to be
manufactured
in such warehouse, and state the formula of manufacture and the names
and
quantities of the ingredients to be used therein.
Sec.
2005. Bonded Smelting Warehouses.
— The plants of manufacturers engaged in smelting or refining, or both,
of ores and crude metals, may, upon the filing of satisfactory bonds,
be
designated as bonded smelting warehouses. Ores or crude metals may be
removed
from the vessel or aircraft in which imported, or from a bonded
warehouse,
into a bonded smelting warehouse without the payment of duties thereon,
and there smelted or refined, or both, together with ores or crude
metals
of home or foreign productions: Provided, That the bonds shall
be
charged with a sum equal in amount to the regular duties which would
have
been payable on such ores and crude metals if entered for consumption
at
the time of their importation, and the several charges against such
bond
shall be cancelled upon the exportation or delivery to a bonded
manufacturing
warehouse established under section twenty hundred and one hereof of a
quantity of the same kind of metal equal to the quantity of metal
producible
from the smelting or refining, or both, of the dutiable metal contained
in such ores or crude metals, due allowance being made of the smelter
wastage
as ascertained from time to time by the Commissioner: Provided,
further,
That the said metals so producible or any portion thereof, may be
withdrawn
for domestic consumption or transferred to a bonded warehouse and
withdrawn
therefrom and the several charges against the bond cancelled upon the
payment
of the duties chargeable against an equivalent amount of ores or crude
metals from which said metal would be producible in their condition as
imported: Provided, further, That on the arrival of the ores or
crude metals at such establishments they shall be sampled and assayed
according
to commercial methods under the supervision of proper government
officials:
Provided,
further, That all labor performed and services rendered pursuant to
this section shall be under the supervision of the proper customs
official
and at the expenses of the manufacturer: Provided, further,
That
all regulations for carrying out the provisions of this section shall
be
prescribed by the Commissioner with the approval of the department
head:
And Provided, finally, That the several charges against the bond of any
smelting warehouse established under the provisions of this section may
be cancelled upon the exportation or transfer to a bonded manufacturing
warehouse from any other bonded smelting warehouse established under
this
section of a quantity of the same kind of metal, in excess of that
covered
by open bonds, equal to the amount of metal producible from the
smelting
or refining, or both, of the dutiable metal contained in the imported
ores
or crude metals, duel allowance being made of the smelter wastage as
ascertained
from time to time by the Commissioner with the approval of the
department
head.
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PART
3
TRANSPORTATION
IN BOND
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Sec.
2101. Entry for Immediate Transportation.
— Articles entered for constructive warehousing and immediate
transportation
under transit manifest to other ports of the Philippines without
appraisement
may be transported under bond and consigned to the Collector at the
port
of destination, who will allow entry to be made at his port by the
consignee.
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Articles
received at any port from another port of the Philippines on an entry
for
immediate transportation without appraisal or classification may be
entered
at the port of delivery either for consumption or warehouse.
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Sec.
2102. Bonding of Carrier Transporting
Articles in Bond. — A carrier engaged in conveying dutiable articles in
bond from a port of importation to other ports shall give security in
the
nature of a general transportation bond, in a sum not less than ten
thousand
pesos, conditioned that the principal shall transport and deliver
without
delay, and in accordance with law and regulation, to the Collector at
the
port of destination all articles in bond delivered to such carrier and
that all proper charges and expenses incurred by the customs
authorities
or at their instance by reason of such shipments shall be duly
paid.
Sec.
2103. Exportation under Bond.
— Where an intent to export the articles is shown by the bill of lading
and invoice, the whole or part of a bill of lading (not less than one
package)
may be entered for warehouse and immediate exportation. The Collector
may
designate the vessel or aircraft in which the articles are laden as
constructively
a warehouse to facilitate the direct transfer of the articles to the
exporting
vessel or aircraft. The same procedure may apply to articles entered
for
warehouse and immediate transportation.
Unless
it shall appear by the invoice, bill of lading, manifests, or other
satisfactory
evidences, that articles arriving in the Philippines are destined for
transshipment,
no exportation thereof will be permitted except under entry for
warehouse
and exportation bond and appraisal or classification made.
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Upon
withdrawal for export, a bond equivalent to one and one-half the amount
of the duties, taxes and other charges, shall be required conditioned
upon
the exportation of the articles, and for the production of proof of the
landing of same beyond the limits of the Philippines.
.
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