DEF OF TERMS Flashcards
reduction or diminution in whole or in part of D and T where payment has not been made
Abatement
customs procedure applicable to goods which being in free circulation leave the Philippine territory and are intended to remain permanently outside of it
Actual or Outright Exportation
Act of bringing imported goods through transit into free zone
Admission
transport document for airfreight used by airlines and international freight forwarders which specify the holder or consignee of the bill who has the right to claim delivery of goods
Airway Bill
remedy by which person aggrieved or duly affected may seek redress before the Bureau, SOF and completion of the case
Appeal
determining the amount of DT/oc on imported and exported goods
Assessment
importer, exporter, CB, forwarder, transport provider, and any accredited by the Bureau based on the WCO and RKC to promote trade facilitation and provide seamless movement of goods
Authorized Economic Operator
transport doc issued by shipping lines, carrier and freight forwarder or NVOCC
the holder or consignee has the right to claim the delivery
Bill of Lading
also refers to Bureau of Customs
Bureau
person actually transporting goods or in charge in the operation of the means of transport
Carrier
completion of customs formalities necessary to allow goods to enter for consumption, warehousing, transit or transshipment or be exported
Clearance
refers to tariff Commission
Commission
a person who is a bonafide holder of a valid Certificate of Registration / Professional Identification Card issued by the Philippine Regulatory Board and Philippine Regulation Commission persuant to RA 9280 or Customs Brokers Act of 2002
Customs Broker
any customs administrative unit that is competent and authorized to perform all the functions enumerated in customs and tariff laws
Customs Office
customs procedure under the RKC as temporary admission in which certain goods can be brought into customs territory conditionally relieved, totally or partially from payment of import duties and taxes and must be intended for re-exportation without substantial change except normal depreciation
Conditional Importation
distinguished from clerk or employee, person who duly involves the discretion in performing the function of the Bureau
Customs Officer
areas in the Philippines where customs and tariff laws may be enforced
Customs Territory
documentation or act of bringing imported goods into the customs territory including goods from free zones
Entry
act or documentation and process of bringing goods outside the Philippine territory
Exportation
statement made in the manner prescribed by the Bureau and other appropriate agencies by which the person concerned indicate the procedure to be observed for taking out any exported goods and the particulars of which customs administration require
Export Declaration
refer to the power of the President upon recommendation of the National Economic and Development Authority (NEDA): (1) to increase, reduce or remove existing protective tariff rates of import duty, but in no case shall be higher than ban importatiorcent100%, ad valorem;
(2) to establish import quota or to ban importation of any commodity as may be necessary; and (3) to impose, whenever duty on all import not exceeding ten percent (10%) ad valorem, whenever necessary;
Flexible Clause
refers to one whose name appears on. documentation attesting to the export of the product to the Philippines regardless of the manufacturer’s name in the invoice;
Foreign Exporter
refers to special economic zones registered with the Philippine Economic Zone Authority (PEZA) under Republic Act No. 7916, as amended, duly chartered or legislated special economic zones and freeports such as Clark Freeport Zone; Poro Point Freeport Zone; John Hay Special Economic Zone and Subic Bay Freeport Zone under Republic Act No. 7227 as amended by Republic Act No. 9400; the Aurora Special Economic Zone under Republic Act No. 9490, as amended; the Cagayan Special Economic Zone and Freeport under Republic Act No. 7922, the Zamboanga City Special Economic Zone under Republic Act No. 7903, and Freeport Area of Bataan under Republic Act No. 9728 and such other freeports as established or maybe created by law;
Free Zone
refer to articles, wares, merchandise and any other items which are subject of importation or exportation;
Goods
refers to a statement made in the manner prescribed by the Bureau and other appropriate agencies, by which the persons concerned indicate the procedure to be observed in the application for the entry or admission of imported goods and the particulars of which the customs administration shall require;
Goods Declaration
refers to the act of bringing in of goods from a foreign territory into Philippine territory, whether for consumption, warehousing, or admission as defined in this Act;
Importation
refers to a local entity that acts as a cargo intermediary and facilitates transport of goods on behalf of its chent without assuming the role of a carrier, which can also perform other forwarding services, such as booking cargo space, negotiating freight rates, preparing documents, advancing freight payments, providing packing/crating, trucking and warehousing, engaging as an agent depresentative of a foreign non-vessel operating as a common carrier/ cargo consolidator named in a master bill of lading as consignee of a consolidated shipment, and other related undertakings;
Freight Forwarder
refers to persons responsible for the assembly and consolidation of shipments into single lot, and assuming, in most cases, the full responsibility for the international transport of such shipment from point of receipt to the point of destination,
International Freight Forwarder
refers to the power and rights of the Bureau in exercising supervision and police authority over all seas within jurisdiction of the Philippine territory and over all coasts, ports, airports, harbors, bays, rivers and inland waters whether navigable or
not from the sea;
Jurisdictional Control
refers to the registration of a goods declaration with the Bureau;
Lodgement
refers to an entity, which may or may not own or operate a vessel that provides a point-to-point service which may include several modes of transport and/ or undertakes group age of less container load (LCL) shipments and issues the corresponding transport document;
Non-vessel operating carrier
refers to an act of importing goods into the country without complete customs prescribed importation documents, or without being cleared by customs or other regulatory government agencies, for the purpose of evading payment of prescribed taxes, duties and other government charges;
Outright Smuggling
refers to goods liable to perish or goods that depreciate greatly in value while stored or which cannot be kept without great disproportionate expense, which may be proceeded to, advertised and sold at auction upon notice it deemed reasonable;
Perishable goods
refers to a domestic port open to both domestic and international trade, including principal ports of entry and subports
Ports
the chief port of entry of the Customs District wherein it is situated and is the permanent station of the District Collector of such port.
Principal port
are under the administrative jurisdiction of the District Collector of the principal port of entry of the Customs District.
Subports of entry
also called Port of Unloading, refers to a place where a vessel, ship, aircraft or train unloads its shipments, from where they will be dispatched to their respective consignees;
Port of Discharge
means exportation of goods which have been imported;
re-exportation
refers to the action by the Bureau to permit goods undergoing clearance to be placed at the disposal of the party concerned;
release of goods
refers to the return, in whole or in part, of duties and taxes paid on goods;
Refund
refers to any form of guaranty, such as surety bond, cash bond, standby letter of credit or irrevocable letter of credit, which ensures the satisfaction of an obligation to the Bureau;
Security
refers to the fraudulent act of importing any goods into the Philippines, or the act of assisting in receiving concealing , buying selling, disposing or transporting such goods, with full knowledge that the same has been fraudulently imported, or the fraudulent exportation of goods. Goods referred to under this definition shall be known as smuggled goods;
Smuggling
refer to all taxes, fees and charges imposed under this Act and the National Internal Revenue Code (NIRC) of 1997, as amended, and collected by the Bureau;
Taxes
refers to the act of importing goods into the country by means of fraudulent, falsified or erroneous declaration of the goods to its nature, kind, quality, quantity or weight, for the purpose of reducing or avoiding payment of prescribed taxes, duties and other charges;
technical smuggling
refers to a case where the assessment is disputed and pending review, an importer may put up a cash bond equivalent to the duties and taxes due on goods before the importer can obtain the release of said goods;
tentative release
refers to the customs procedure under which goods, in its original form, are transported under customs control from one customs office to another, or to a free zone;
transit
refers to the customs procedure under which goods are transferred under customs control from the importing means of transport to the exporting means of transport within the area of one customs office, which is the office of both importation and exportation;
transshipment
refers to any person who temporarily enters the territory of a country in which he or she does not normally resides (non-resident, or who leaves that territory, and any person who leaves the territory of a country in which he or she normally resides (departing resident) or who returns to that territory (returning resident); and
traveler
refers to any person who deals directly with the Bureau, for and on behalf of another person, relating to the importation, exportation, movement or storage of goods.
third party
Section 103. When Importation Begins and Deemed Terminated.
Importation begins when the carrying vessel or aircraft enters the Philippine territory with the intention to unload therein. Importation is deemed terminated when:
(a) the duties, taxes and other charges due upon the goods have been paid or secured to be paid at the port of entry unless the goods are free from duties, taxes and other charges and legal permit for withdrawal has been granted;
Or
(b) In case the goods are deemed free of duties, taxes and other charges, the goods have legally left the jurisdiction of the Bureau.
