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This page features the full text of
Republic Act No. 7650
AN
ACT REPEALING SECTION 1404 AND AMENDING SECTIONS 1401 AND 1403 OF THE
TARIFF
AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED, RELATIVE TO THE
PHYSICAL
EXAMINATION OF IMPORTED ARTICLES.
REPUBLIC
ACT NO. 7650AN
ACT REPEALING SECTION 1404 AND AMENDING SECTIONS 1401 AND 1403 OF THE
TARIFF
AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED, RELATIVE TO THE
PHYSICAL
EXAMINATION OF IMPORTED ARTICLES.
Section
1. Section 1401 of the Tariff
and Customs Code of the Philippines as amended, is hereby further
amended
to read as follows:
"Sec.
1401. Conditions for Examination.
— For the protection of government revenue and public interest and to
prevent
the entry into the country of smuggled or contraband goods, the
Commissioner
shall, in consultation with the Oversight Committee and subject to the
approval of the Secretary of Finance, promulgate the rules and
regulations
that shall prescribe the procedure in accordance with which examination
shall be undertaken on the importation and the required quantity or
percentage
thereof: Provided, That the imported articles shall in any case
be subject to the regular physical examination when: "(1) The
government surveyor's seal on the container has been tampered with or
broken
or the container shows signs of having been opened or having its
identity
changed;
chanrobles virtuallaw libraryred"(2) The
container is leaking or damaged;
"(3) The
number, weight and nature of packages indicated in the customs entry
declaration
and supporting documents differ from that in the manifest; chanrobles virtuallaw libraryred
"(4) The
shipment is covered by alert/hold orders issued pursuant to existing
orders;
"(5) The
importer disagrees with the findings as contained in the government
surveyor's
report; or
"(6) The
articles are imported through air freight where the Commissioner or
Collector
has knowledge that there is a variance between the declared and true
quantity,
measurement, weight, and tariff classification."
Sec.
2. Section 1403 of the Tariff
and Customs Code of the Philippines, as amended, is hereby further
amended
to read as follows:
"Sec.
1403. Duties of Customs Officer
Tasked to Examine, Classify, and Appraise Imported Articles. — The
customs
officer tasked to examine, classify, and appraise imported articles
shall
determine whether the packages designated for examination and their
contents
are in accordance with the declaration in the entry, invoice and other
pertinent documents and shall make return in such a manner as to
indicate
whether the articles have been truly and correctly declared in the
entry
as regard their quantity, measurement, weight, and tariff
classification
and not imported contrary to law. He shall submit samples to the
laboratory
for analysis when feasible to do so and when such analysis is necessary
for the proper classification, appraisal, and/or admission into the
Philippines
of imported articles.chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred"Likewise,
the customs officer shall determine the unit of quantity in which they
are usually bought and sold and appraise the imported articles in
accordance
with Section 201 of this Code.chanrobles virtual law library
"Failure
on the part of the customs officer to comply with his duties shall
subject
him to the penalties prescribed under Section 3604 of this Code."
Sec.
3. An Oversight Committee is
hereby created which shall be composed of the Chairmen of the
Committees
on Ways and Means of the Senate and of the House of Representatives and
four (4) additional members from each House to be designated by the
Senate
President and the Speaker of the House of Representatives,
respectively. chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
The
Oversight Committee shall monitor and ensure the proper implementation
of this Act.chanrobles virtual law library
Sec.
4. Nothing in the preceding section
shall authorize the removal of any examiner and appraiser whose
functions
are merged under the position of customs officer.cralaw:red
Sec.
5. Section 1404 of the Tariff
and Customs Code of the Philippines, as amended, is hereby
repealed.cralaw:red
Sec.
6. The Secretary of Finance shall,
upon the recommendation of the Commissioner of Customs, promulgate the
necessary rules and regulations for the effective implementation of
this
Act.
Sec.
7. All laws, decrees, orders,
rules and regulations, and other issuances inconsistent with this Act
are
hereby repealed or modified accordingly.cralaw:red
Sec.
8. This Act shall take effect
upon its approval. chanrobles virtuallaw libraryred
Approved:
April
6, 1993
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