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(NAR) VOL. 5 NO. 1/JANUARY - MARCH 1994
[ BOC CUSTOMS MEMORANDUM ORDER NO. 65-93, December 20, 1993 ]
AMENDMENTS/CLARIFICATIONS TO CMO 30-93
Be authority of Section 608 of the Tariff and Customs Code the following clarifications/amendments to CMO 30-93 are hereby promulgated in order to further expedite the processing of applications for exemptions of Garments Exporters from the Pre-shipment Inspection Scheme under Joint Order 1-91 in view of observations that certain requirements of CMO 30-93 are duplications of clearance requirements from the Garment Textile Export Board (GTEB) and the Bangko Sentral ng Pilipinas.
I. On the Administrative Provisions
A) No. 1.1, 1.2 and 1.3 are deemed satisfied upon the presentation of a favorable indorsement from GTEB;
B) For the purpose of No. 1.4 and 1.5 a clearance certification from the Office of the Commissioner that applicant has no delinquent account as derived from the Demand Letter Computer System would suffice;
C) No. 1.6 shall be satisfied upon a sworn declaration (Part of Annex B) by the applicant that the raw materials and supplies are to be directly used in the manufacture of the products to be exported.
D) For the purpose of No. 1.7 in relation to No. 2.3 and Annex "A" of CMO 30-93, and in absence of a concrete plan of computerization, such application shall be conditionally approved subject to the submission of a concrete computerization plan within ninety (90) days after receipt of the conditional approval.
E) 1.8 will now read as follows: That the firm must show ownership of the land and building where it is conducting its manufacturing activity or a longterm lease thereof of at least five years for the land and/or building.
F) 2.4 is deemed satisfied upon presentation of the Bangko Sentral ng Pilipinas clearance.
II. The part on Penalties (V) is hereby amended as follows:
"Any willful violation by the applicant/operator of any provision of the Tariff and Customs Code, as amended, and related special laws, rules and regulations, more particularly, this Customs Memorandum Order and its implementing orders, shall be a cause for the immediate suspension, revocation or cancellation of the Certificate of Accreditation without prejudice to the imposition of whatever penalty/ties prescribed under the provisions of Part 4, Title VI, and the criminal liability of the importer under Part 3, Title VIII, both of the Tariff and Customs Code."
III. On Annex "B"
a) No. 6 is hereby amended by deleting No. 6.1 to 6.5 inclusive and retaining 6.6 as No. 6.
Adopted: 20 Dec. 1993
(Sgd.) GUILLERMO L. PARAYNO, JR.
Commissioner
I. On the Administrative Provisions
A) No. 1.1, 1.2 and 1.3 are deemed satisfied upon the presentation of a favorable indorsement from GTEB;
B) For the purpose of No. 1.4 and 1.5 a clearance certification from the Office of the Commissioner that applicant has no delinquent account as derived from the Demand Letter Computer System would suffice;
C) No. 1.6 shall be satisfied upon a sworn declaration (Part of Annex B) by the applicant that the raw materials and supplies are to be directly used in the manufacture of the products to be exported.
D) For the purpose of No. 1.7 in relation to No. 2.3 and Annex "A" of CMO 30-93, and in absence of a concrete plan of computerization, such application shall be conditionally approved subject to the submission of a concrete computerization plan within ninety (90) days after receipt of the conditional approval.
E) 1.8 will now read as follows: That the firm must show ownership of the land and building where it is conducting its manufacturing activity or a longterm lease thereof of at least five years for the land and/or building.
F) 2.4 is deemed satisfied upon presentation of the Bangko Sentral ng Pilipinas clearance.
II. The part on Penalties (V) is hereby amended as follows:
"Any willful violation by the applicant/operator of any provision of the Tariff and Customs Code, as amended, and related special laws, rules and regulations, more particularly, this Customs Memorandum Order and its implementing orders, shall be a cause for the immediate suspension, revocation or cancellation of the Certificate of Accreditation without prejudice to the imposition of whatever penalty/ties prescribed under the provisions of Part 4, Title VI, and the criminal liability of the importer under Part 3, Title VIII, both of the Tariff and Customs Code."
III. On Annex "B"
a) No. 6 is hereby amended by deleting No. 6.1 to 6.5 inclusive and retaining 6.6 as No. 6.
Adopted: 20 Dec. 1993
(Sgd.) GUILLERMO L. PARAYNO, JR.
Commissioner