The Bureau of Customs gladly announces that the first Customs Administrative Order (CAO) that will implement a salient feature of the Customs Modernization and Tariff Act (CMTA) has already been signed and approved.
On 28 September, CAO No. 02-2016 (RE: IMPORTED GOODS WITH DE MINIMIS VALUE NOT SUBJECT TO DUTIES AND TAXES) was signed by Customs Commissioner NicanorFaeldon and approved by Finance Secretary Carlos Dominguez III. It implements Section 423 of the CMTA, which provides that “[n]o duties and taxes shall be collected on goods with freight on board (FOB) or free carrier (FCA) value of P10,000.00 or below.”
De minimis, as defined in this CAO, is the value of goods for which no duty or tax is collected. Goods with de minimis value are considered importations with negligible amount and entitled to immediate release.
It is an upgrade from the decades-old Tariff and Customs Code of the Philippines (TCCP), which only provided P10 as the de minimis threshold.
This CAO is the product of a public consultation held on 1 September to incorporate inputs from stakeholders.
“This is good news for Filipinos, who can now fully enjoy their small purchases from other countries. I trust that everyone will strictly abide by the provisions of the CAO,” Commissioner Faeldon said.
This CAO aims to minimize importation and customs administration costs in the clearance of importations with de minimis value without compromising customs border enforcement and control. This also aims to make Customs responsive to the growing liberalization and facilitation thrust in consonance with the different applicable international trade agreements.
The CAO specifies exclusions from immediate release, including prohibited and restricted importations. Regulated importations within de minimis value shall comply with the requirements of the concerned regulatory agencies.
Importations of tobacco goods, wines and spirits within the de minimis value shall still be subject to payment of excise tax, as provided by the National Internal Revenue Code (NIRC).
This CAO also gives the Secretary of Finance the power to adjust the de minimis value every three years using the Consumer Price Index, as published by the Philippine Statistics Authority.
Goods found to violate this CAO shall be disposed of in accordance with Chapter 10, Title XI, of the CMTA. Violations committed by any person, officer or employee shall be penalized in accordance with Title IV of the CMTA and other penal provisions.
This CAO shall take effect on 25 October, 15 days after its publication in the Official Gazette. The full text may be viewed at http://www.gov.ph/2016/10/10/custom-administrative-order-no-02-s-2016/. The Bureau will release other information materials like infographics for stakeholders and the public soon.
With the first CAO already released, BOC continues with its series of public consultations to include stakeholders in drafting the other CAOs that will highlight other important provisions of the CMTA.
Source: Bureau of Customs