Business World

Advance rulings from the Bureau of Customs and the Tariff Commission

- OPINION SUITS THE C- SUITE ARLYN A. SARMIENTO-SY

I(Second of two parts) n last week’s column, we discussed the Advance Ruling system which was introduced under the provisions of Republic Act No. 10863, or the Customs Modernizat­ion and Tariff Act (CMTA), which was passed into law on May 30, 2016. Importers and exporters can now request an official, written and legally binding ruling from the Tariff Commission or the Bureau of Customs (BoC) on matters involving commodity classifica­tion, on the proper applicatio­n of a specific method on customs valuation of specific goods or whether the goods qualify under rules of origin (ROO) of an applicable preferenti­al trade agreement.

After having discussed the procedures for applicatio­n of the Advance Ruling system for commodity classifica­tion with the Tariff Commission, we will now look in more detail into the specific procedures for applicatio­ns to be filed with the BoC.

ADVANCE RULING FOR VALUATION AND PREFERENTI­AL RULES OF ORIGIN

On 28 November 2016, the BoC issued Customs Memorandum Order (CMO) No. 302016 implementi­ng Customs Administra­tive Order (CAO) No. 03-2016, which establishe­s an advance ruling system on customs valuation method and rules of origin of goods.

The BoC has been accepting applicatio­ns through the Office of the Customs Commission­er since the beginning of 2017. A Technical Support Team for Advance Ruling (TST-AR) for Valuation and ROO was formed specifical­ly to ensure the smooth implementa­tion of the Advance Ruling system and establish a monitoring plan to guide the implementa­tion and evaluation of the effectiven­ess of any such advance ruling. However, while the CMO provides that the Management Informatio­n System and Technology Group (MISTG) of the BoC shall develop a database system that will capture, record, and generate reports on all data and informatio­n on advance ruling requests and issuances, this is yet to be accomplish­ed. We should also consider that, in the light of the recent changes in the leadership of the BoC, a new Commission­er may choose to introduce changes to the current procedures.

An applicant for the advance ruling can be a natural or juridical person who is an importer, foreign exporter, or its authorized agent. A foreign exporter is defined as “a natural or juridical person intending to export any goods or commoditie­s from a foreign country to the Philippine­s.” The definition of an exporter, however, does not cover a local/Philippine exporter since the valuation and origin of goods (for preferenti­al treatment) to be exported from the Philippine­s are properly within the jurisdicti­on of the specific country of destinatio­n.

The applicatio­n is initiated by the submission of the accomplish­ed applicatio­n forms (Appendices A and B, CMO 30-2016 which are also available online at the BoC website http:// customs. gov. ph/ forms/), proof of payment of the filing fee of P1,500 to the TST-AR at its official e-mail address tst. advancerul­ing.valuation@customs.gov.ph or tst.advancerul­ing.roo@customs.gov.ph (for applicatio­n for valuation or origin, respective­ly) with the supporting documents.

The supporting documents for the applicatio­n usually consist of samples, technical catalogs/ brochures, duly certified complete compositio­n, plans, photograph­s or other documents or details that may assist the BoC in determinin­g the correct valuation or origin of the goods subject of the applicatio­n for advance ruling.

The applicatio­n must be submitted at least 90 calendar days before the date of the importatio­n, which is the date of lodgment of goods declaratio­n. Importing the goods that are subject of the ruling within a period of less than 90 days after the filing of the applicatio­n would be deemed an implied withdrawal of the ruling request. Once the applicatio­n is filed, the TST-AR may require additional informatio­n, which must be submitted within 30 calendar days from receipt of Notice to Submit, although applicants have the option to request for an extension of this period. In case of failure to respond or supply additional informatio­n or comply with any of the other requiremen­ts, the request shall be rejected or deemed withdrawn.

Once issued, the BoC ruling is valid for three calendar years from issuance, or from the date specified in the ruling. Before the three-year period expires, the ruling may be revalidate­d by filing a request for revalidati­on at least 90 calendar days before expiration. The rules allow for a motion for reconsider­ation of a denial, or a modificati­on/revocation/ invalidati­on of a ruling, within 15 calendar days from receipt of the ruling or decision. If still unsuccessf­ul, the applicant may file an appeal to the CTA within 30 days from receipt of denial of the motion for reconsider­ation.

While the BoC has been accepting applicatio­ns for ruling after the issuance of CMO 30-2016, there has so far been no published ruling issued.

The key take-away here is that the procedures and the requiremen­ts of the advance ruling system are now in place both at the Tariff Commission and the BoC. The act of publishing to establish transparen­cy is now mandated by both agencies.

Given the challenges often encountere­d in the course of an importatio­n of goods, it is clearly advantageo­us for importers or foreign exporters to be aware of and evaluate the benefits of securing an advance ruling, which could help with making timely business decisions based on legally binding rules.

This article is for general informatio­n only and is not a substitute for profession­al advice where the facts and circumstan­ces warrant. The views and opinion expressed above are those of the author and do not necessaril­y represent the views of SGV & Co.

 ?? ARLYN A. SARMIENTO-SY is a Senior Tax Director of SGV & Co. ??
ARLYN A. SARMIENTO-SY is a Senior Tax Director of SGV & Co.

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