Supreme Court E-Library
Information At Your Fingertips


  View printer friendly version

(NAR) VOL. IV NO. 3 / JULY - SEPTEMBER 1993

[ BOC (DOF) CUSTOMS MEMORANDUM ORDER NO. 21-93, June 22, 1993 ]

RULES AND REGULATIONS ON SHIFTING OF CARGOES/CONTAINERS



Pursuant to Section 608 of the Tariff and Customs Code, the following rules and regulations shall hereforth be observed in the unloading and loading of through cargoes/containers from and to a vessel in shifting operations.

I
Objectives

1.1       To cut down on the procedural steps for the approval of the authority to conduct shifting operations.

1.2       To define the roles of the customs, shipping and terminal personnel involved; and

1.3       To revise the documentary requirements, their use and distribution.

II
Administrative Provisions

2.1       It shall be the responsibility of the Customs Inspector assigned to the vessel to authorize and supervise the movement of cargoes/containers in shifting operations to ensure that no tampering, loss or diversion occurs;

2.2       No other charges shall be billed or paid for customs services rendered in connection with this particular activity.

2.3       The Deputy Collector for Operations of the Port shall see to the strict compliance with this Order.

III
Operations Provisions

3.1       The Master of the vessel or the Ship's Agent shall submit to the Customs Inspector on board a list in four (4) copies of all cargoes/containers scheduled to be shifted, before the shifting operations begins.  A copy of the list shall be furnished the Terminal Operator immediately and prior to the shifting operations while the rest should be distributed as in 3.4 below.

3.2       The Customs Inspector concerned shall verify if the cargoes/containers in the list are likewise listed in the Transit Cargo Manifest submitted by the vessel or ship's agent and, if in the affirmative, shifting operations can immediately begin.  If in the negative, shifting operations shall proceed nonetheless but a report must be immediately sent to the Dep. Coll. for operations for proper action.

3.3       Cargoes/containers unladen from the vessel for shifting purposes shall be stacked or stored at an area designated by the Terminal Operator in close coordination with the Customs Inspector on board who shall thereafter authorize the vessel's departure only after verifying that they were returned and loaded on board.

3.4       Upon the departure of the vessel, a copy of the list submitted by the Master or Ship's Agent, including the certification on its face by the Customs Inspector that the cargoes/containers unloaded were returned to the vessel before departure, shall be delivered by the Customs Inspector to the Customs Container Control Division (CCCD).  ANOTHER copy, with the same notation, shall be included among the other reports and documents submitted to the Piers and Inspection Division (PID).  The Customs Inspector may retain there remaining copy for his own record.

All memoranda, orders and issuances not consistent herewith are hereby modified, amended or repealed accordingly.

This Order shall take effect immediately.

Adopted: 22 June 1993

(Sgd.) GUILLERMO L. PARAYNO, JR.
Commissioner
© Supreme Court E-Library 2019
This website was designed and developed, and is maintained, by the E-Library Technical Staff in collaboration with the Management Information Systems Office.