[ CPA MEMORANDUM CIRCULAR NO. 03, s. 2003, April 22, 2003 ]

TREATMENT OF CARGOES HELD BUT NOT SEIZED BY THE BUREAU OF CUSTOMS VIS-A-VIS STORAGE CHARGES



Pursuant to existing policy on the Extension of Free Storage Period and other related policies on the Exemption of Storage Charges, the following corollary guidelines are hereby prescribed on the treatment of foreign cargoes held and in custody of the Bureau of Customs (BOC) after release papers have been duly issued by the said Bureau and withdrawal permit has been duly granted by the Cebu Port Authority and in the process have incurred storage charges:

1. Application for exemption/waiver of storage charges are for cargoes that have been held after the prescribed Free Storage Period;

2. Application for exemption/waiver of storage charges shall be within twenty-four (24) hours from prohibition of withdrawal of cargoes;

3. The following documentary requirements shall be submitted and surrendered, together with the application: 

a. Duly approved original CPA Withdrawal Permit 

b. A written "Hold Order" duly issued by the Collector of Customs or any of his authorized instrumentalities;

4. That upon final release of the cargoes by the BOC, the party concerned shall submit a "Release Order" duly issued by the BOC to the Authority; and

5. That upon approval of the Authority, the surrendered documents attached to the application shall be returned to the party concerned and withdrawal shall be effected.

Further, computed storage charges below Php100,000.00 shall be for the approval of the General Manager and storage charges Php100,000.00 and above shall be for the approval of the Cebu Port Commission.

Furthermore, should the General Manager of the Authority deny the request for waiver, the petitioner may appeal the decision within seven (7) days from receipt of the decision, to the Cebu Port Commission, who shall decide the appeal within fifteen (15) days upon receipt thereof. The decision of the Cebu Port Commission shall be final.

Lastly, the submission and processing of such requests for waiver shall be at the Office of the Deputy General Manager of the Authority.

This Order shall take effect immediately.

Adopted: 22 April 2003

(SGD.) MARIANO C.J. MARTINEZ
  General Manager