Rules on expedited release of containers issued

MANILA – Key government agencies have issued a Joint Administrative Order (JAO) providing for the expedited release of refrigerated containers and dry vans parked at shipping ports and terminals in a bid to ease the port congestion caused by the work stoppage of logistics companies during the enhanced community quarantine (ECQ) period.

Issued by the Departments of Finance (DOF), Department of Agriculture (DA), Department of Trade and Industry (DTI), Bureau of Customs (BOC) and the Philippine Ports Authority (PPA), JAO No. 20-01 contains rules on facilitating importation documentary requirements, declaring abandonment of cargo, expediting customs clearance, and streamlining the process of applying for import permits and clearances online.

In a statement Thursday, Finance Secretary Carlos Dominguez III said the ports serve as a major lifeline not just for commerce, but also for essential products and medical supplies needed by healthcare front-liners in the time of coronavirus disease 2019 (Covid-19).

“If we do not free our ports of abandoned and overstaying reefers and containers, we might have to stop operations,” Dominguez said. “We do not want this to happen as it could stall the release from the ports of medical equipment and supplies needed by our front-line healthcare workers and their patients at this critical time.”

The JAO instructs the immediate approval of necessary permits and licenses for the release of containers at once or not later than three days from the issuance of such documents.

It also directs importers and consignees to immediately withdraw reefer containers from terminals, or face abandonment proceedings.

Refrigerated containers and chilled cargoes must be pulled out of the ports within seven and five days, respectively.

Cargoes that are still in the terminal beyond 30 days from discharge are required to be removed within five days while arriving cargo containers must be withdrawn within 10 days from discharge, or these goods shall be declared as abandoned.

Overstaying reefers and refrigerated containers declared as abandoned shall be moved to a location designated by the BOC and PPA, subject to the appropriate handling, forwarding, and storage charges.

If the container holds items deemed fit for consumption, they shall be donated to the Office of Civil Defense (OCD) for relief efforts, upon the approval of the DOF Secretary.

To inform the public of the need for the immediate withdrawal of their reefers and of the abandonment rules, the BOC, DTI, DA, PPA and terminal operators, shall post on their respective websites and official social media accounts the list of the consignees and reefer containers parked at the ports.

Dominguez said the Philippine Chamber of Commerce and Industry (PCCI), the Federation of Filipino Chinese Chamber of Commerce and Industry (FFCCCI) and the Joint Foreign Chambers (JFC) have all called on their respective members to take their cargo out of the terminals to help ease the port congestion.

“Some business groups have already taken action to address this, and we thank them helping ease the port congestion,” Dominguez said.  “We call on the other importers and consignees out there to do the same.”

Aside from the removal of cargoes from ports or terminals, the JAO 20-01 also requires lodgment and online filing of goods declaration by importers and consignees within two days from the date of discharge.

Within 24 hours from such filing, the BOC is mandated to release the final assessment on the goods. Importers are then given two days to pay the duties, taxes and other charges on these shipments.

The goods must be claimed by importers within three days thereafter.

If the lodgment is done prior to the arrival of the goods, the final assessment on the goods shall be issued by the BOC within 24 hours from the date of filing, with the payment of taxes, duties, and charges to be complied with within 24 hours from the issuance of the assessment.

The importer must claim the goods within 24 hours from the time of payment. Unclaimed goods after the set deadlines, in both instances, shall be declared abandoned.

Shipping lines are required to operate from 8 a.m. to 5 p.m. and implement online processing of shipping documents, while port operators and off-dock container yard facilities must operate on a 24/7 schedule.

The JAO No. 20-01 was issued pursuant to the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID)’s Resolution No. 16 series of 2020 directing “all the corresponding importers, consignees, truckers, shipping lines, and concerned government regulators to address the disruptions to the supply chain, withdraw immediately all refrigerated containers as well as all dry vans, and for port operators to release the same expeditiously.” (PR)