Republic of the Philippines City of Olongapo GORDON COLLEGE Olongapo City Sports Complex, East Tapinac, Olongapo City Tel. No. (047) 224-2089 loc. 314 Title: Introduction to Warehousing Module No. 1 I. II. Introduction Learning Objectives 1. Understand the process in opening CBW’s 2. Differentiate the types of warehouses 3. Application of transportation bond and the other types of bond III. Topics and Key Concepts BASICS OF CUSTOMS BONDED WAREHOUSE OPERATIONS Warehouse – A structure or room for the storage of merchandise or commodities. (www.merriam-webster.com) Ordinary Warehouse vs. Customs Bonded Warehouse (CBW) o Main Distinction: ▪ An Ordinary Warehouse is not subject to Customs control whereas the Ordinary CBW is under Customs Control. ▪ The Bureau shall, for customs purposes exercise control over, direct and manage CBW and CFWs pursuant to Section 303 of the CMTA and likewise over the goods stored therein pursuant to Section 301 of the CMTA (Section 806, CMTA) • Customs Bonded Manufacturing Warehouse (CBMW) o Imported articles are manufactured and intended for exportation o Rules and regulations to be prescribed by the Commissioner subject to the approval of Secretary, DOF • Responsibility of Operators o In case of loss on articles stored, operator is responsible for payment of D&T o gov’t assumes no legal responsibility in respect to safekeeping of stored articles in CBW Validity of License to Operate is 2 years except for ICBW which is 3 years • CUSTOMS WAREHOUSING | 2nd SEMESTER A.Y. 2020-2021 NOT FOR SALE | EXCLUSIVE FOR GORDON COLLEGE ONLY Republic of the Philippines City of Olongapo GORDON COLLEGE Olongapo City Sports Complex, East Tapinac, Olongapo City Tel. No. (047) 224-2089 loc. 314 • Operators shall pay annual supervision fee as fixed by the Commissioner o CCBW/ICBW/PuBW/Duty-free: P250,000 and every branch of duty-free P50,000 • Bonded Manufacturing Warehouse o Small industry/enterprise P 50,000.00 o Medium industry/enterprise 100,000.00 o Large industry/enterprise 250,000.00 Where: a) Small industries - has total assets of P500,000 but less than P5.0 million; b) Medium industries – with total assets of P5.0 million but less than P20.0 million c) Large industries – with total assets of P20.0 million and over. (CMO 71-91) • Pre-operating requirements upon approval of application: (1) payment of at least 25% of annual supervision fee (2) designation of accountable officer (3) filing of performance bond of P 200,000 (4) notarized designation of authorized signatory and customs broker (5) posting of general warehousing bond (CMO 39-91) Storage charges of public CBW o Subject to arrangement between the importer and operator o Such rates shall not be in excess of the customary charges fixed by the Collector of the port. • DEFINITION OF TERMS (CAO 1-2009) • Accessories – refer to articles which are neither raw materials nor supplies which enhance the finished products to be exported • Semi- Finished products – are imported raw materials or articles that have undergone processing which shall be used in the further manufacture of finished products for export. They are also termed as “intermediate products”. • Supplies – refers to imported consumable and disposable indirect materials that are needed in the manufacture, operation and production of a CBMW. Such materials are not included in the formula of manufacture of the finished product and are not duty/tax-free unless authorized by the BOI or exempted by the DOF. • Account Officer – is the customs personnel responsible for monitoring manually or through electronic medium the performance of a CBW from importation to liquidation of its imported raw materials to ensure compliance with customs rules and regulations. • CUSTOMS WAREHOUSING | 2nd SEMESTER A.Y. 2020-2021 NOT FOR SALE | EXCLUSIVE FOR GORDON COLLEGE ONLY Republic of the Philippines City of Olongapo GORDON COLLEGE Olongapo City Sports Complex, East Tapinac, Olongapo City Tel. No. (047) 224-2089 loc. 314 • Accountable Officer – is a responsible official of the CBW named and designated by the operator as the person, other than himself, answerable and liable to BOC for all operational aspects of the warehouse. • Automated Raw Materials Inventory and Management System (ARMIMS) – is a computerized system to be adopted by the CBW operator as a tool to determine and monitor the stock inventory of imported articles entered through warehousing of a CBW at any one time. • Bar Coding System (BCS) – is the system that may be utilized by the BOC in identifying and tracking certain imported articles entered for warehousing • Compliance Rate System (CRS) – is a procedure to be adopted by the BOC in assessing the degree of compliance of a warehouse operator with relevant CBW rules and regulations and in taking any action on the CBW’s license to operate or any extension thereof. • Automated Raw Materials Inventory and Management System (ARMIMS) – is a computerized system to be adopted by the CBW operator as a tool to determine and monitor the stock inventory of imported articles entered through warehousing of a CBW at any one time. • Bar Coding System (BCS) – is the system that may be utilized by the BOC in identifying and tracking certain imported articles entered for warehousing • Compliance Rate System (CRS) – is a procedure to be adopted by the BOC in assessing the degree of compliance of a warehouse operator with relevant CBW rules and regulations and in taking any action on the CBW’s license to operate or any extension thereof. • Raw Material Liquidation System (RMLS) – is an automated system to be adopted and utilized by the BOC in determining the volume and value of the raw materials exported and subject for liquidation, including the duties and taxes due on the allowable residues, wastages, by-products and other portion of the imported articles entered through warehousing, no longer usable for the manufacture of the articles to be exported Wastage Valuation Database (WVDB) – is a bank of information and reference values which shall be utilized by the BOC in assessing the taxes and duties in the allowable residue/wastages/ by-products or other portion of the imported articles which can no longer be used for the manufacture of the articles to be exported. • • Unauthorized Withdrawal Is a violation of Customs law committed: o When an imported material entered through the warehousing scheme and destined for transit to a particular CBW, PEZA/ Freeport Locator, or from the CBW to the port or airport for exportation, is brought to some places other than its intended destination without any prior authority from the Collector having jurisdiction over the imported goods; CUSTOMS WAREHOUSING | 2nd SEMESTER A.Y. 2020-2021 NOT FOR SALE | EXCLUSIVE FOR GORDON COLLEGE ONLY Republic of the Philippines City of Olongapo GORDON COLLEGE Olongapo City Sports Complex, East Tapinac, Olongapo City Tel. No. (047) 224-2089 loc. 314 o The act of directly transferring the imported materials to a licensed member or subcontractor without passing through the physical facility of the CBW; o Transfer of such materials to a non-licensed member or subcontractor o Withdrawal of any material/ article stored in a CBW without duly processed withdrawal or requisition slip; o Unauthorized substitution of materials or finished products with local materials or articles. TYPES OF CUSTOMS BONDED WAREHOUSE (CBWs) • CBW may be classified as either manufacturing or non-manufacturing. (Section 802, CMTA) o Manufacturing CBWs may be of the following types: a. Garments and Textiles Manufacturing Bonded Warehouse (GTMBW) is a warehouse facility jointly licensed b the BOC and the GTIS through its accreditation committee to import, receive and store garments, textiles, accessories, and packaging materials for manufacture into finished products for export (CAO 12009). b. Miscellaneous Manufacturing Bonded Warehouse (MMBW) is a warehouse facility licensed by the BOC to import, receive, and store raw materials, accessories and packaging materials, except garments and textiles, for manufacture into finished products for export. c. Customs Common Bonded Manufacturing Warehouse (CCBMW) is a warehouse facility licensed by the BOC alone or jointly with GTIS for garment industry to import, receive, and store raw materials, accessories, spare parts, supplies, and packaging materials for the account of its accredited members for manufacture into finished product for export. d. Industry Specific Customs Bonded Warehouse (ICBW) – is a warehouse facility duly licensed by the BOC to import under bond and under its name and account raw materials except fibers, yarns fabrics and accessories for the manufacture of garments for storage and subsequent sale/ transfer to the following where these shall be manufactured into export products: ▪ Licensed Client/ End- User; ▪ Customs Bonded Manufacturing Warehouse; ▪ PEZA or Freeport Locator o Non- manufacturing CBWs include: a. Public Bonded Warehouse (PuBW) – is a warehouse facility licensed by the BOC to receive and sore general cargoes for exportation, transfer to another CBW, PEZA CUSTOMS WAREHOUSING | 2nd SEMESTER A.Y. 2020-2021 NOT FOR SALE | EXCLUSIVE FOR GORDON COLLEGE ONLY Republic of the Philippines City of Olongapo GORDON COLLEGE Olongapo City Sports Complex, East Tapinac, Olongapo City Tel. No. (047) 224-2089 loc. 314 or Freeport Registered Enterprise, or for local consumption in the same state when the cargoes were imported. b. Private Bonded Warehouse (PrBW) – is a warehouse facility licensed by the BOC to import, receive, store articles for its production intended for domestic consumption, withdrawal of which shall be made only upon payment of duties and taxes and other charges due thereon. c. Airlines Customs Bonded Warehouse (ACBW) – a special type of CBW which caters the needs of the international air carriers operating in the country. d. Multinational Regional Bonded Warehouse (MRBW) – is a warehouse facility licensed by the BOI in proper cases, to serve as a supply depot for the storage, deposit, safekeeping of spare parts, components, semi-finished products, and raw materials including packing, covering, putting up, marking, labeling, cutting, or altering to customer satisfaction, mounting, and/ or packing into kits or marketable lots thereof to fill up transactions and sales made by its officer or parent companies and to serving as a storage of goods purchased locally by the home office of the multinational for export abroad under the supervision of the BOC. e. Customs Duty Free Shops (DFS) – includes facilities of Government owned (Duty Free Philippines) or owned by private persons licensed by the BOC to receive, store and sell various items (such as food items, chocolates, perfumes, alcoholic beverages, tobacco products, etc.) inside their premises. a) Customs Facilities and Warehouses (CFW) [Section 803, CMTA] shall include: 1. 2. 3. 4. Container yard Container freight station Seaport warehouses Airport warehouses CUSTOMS WAREHOUSING | 2nd SEMESTER A.Y. 2020-2021 NOT FOR SALE | EXCLUSIVE FOR GORDON COLLEGE ONLY Republic of the Philippines City of Olongapo GORDON COLLEGE Olongapo City Sports Complex, East Tapinac, Olongapo City Tel. No. (047) 224-2089 loc. 314 b) As to manner of designation of Customs Personnel 1. Ordinary Customs Bonded Warehouse – is the traditional warehouse wherein a Customs Bonded Warehousing man, Senior Storekeeper, and CBW Guards, among others, may be assigned to supervise the activities and transactions with the BOC. 2. Open Bonded System – is the operation of a duly licensed CBW wherein the tracking, monitoring and accounting of imported goods entered conditionally free under the CBW scheme is done by means of computer linkage, without the need of assigning any customs personnel at the warehouse. GENERAL PROVISIONS The BOC is responsible for the licensing, supervision and control of all CBWs, including its extension warehouses, licensed members and subcontractors. Subcontractors located in PEZA or Free ports shall likewise be subject to monitoring by the BOC upon proper coordination with the relevant agency concerned. • • • Extension warehouses – is a separate CBW facility granted by the BOC to an already authorized CBW operator when the latter’s current warehousing facilities are no longer sufficient to fully service the volume of its operations Licensed Member – is a natural or juridical person licensed by the BOC alone, or jointly with the GTIS for garments industry, to be a member of a CCBMW Licensed Subcontractor – is a person or company licensed by the BOC, and GTIS in case of garments, to undertake or perform, for a definite period, certain manufacturing operations or activities incidental to the manufacture of bonded raw materials into finished products in behalf of a licensed CBW due to the latter’s insufficiency of operational facilities or lack of material time to meet export commitment. A CBW and variants thereof include the surrounding premises within its perimeter fence per approved application, rooms, compartments, and other areas necessary and exclusively used for sorting, processing, re-packing, and manufacturing imported raw materials and finished products, by-products, wastages, rejects incident to such activities as applied for and approved by the BOC. No other establishment shall be allowed thereat except upon proper approval of the BOC and under such conditions as may be imposed by the BOC. During the transaction period from the present system to the Open Bonded Warehouse System, the BOC, shall, as far as practicable, institute new methods and techniques in the supervision and control of CBWs. These shall include, but not limited to the CUSTOMS WAREHOUSING | 2nd SEMESTER A.Y. 2020-2021 NOT FOR SALE | EXCLUSIVE FOR GORDON COLLEGE ONLY Republic of the Philippines City of Olongapo GORDON COLLEGE Olongapo City Sports Complex, East Tapinac, Olongapo City Tel. No. (047) 224-2089 loc. 314 computerization of all CBW activities and transactions in order to render operational the Open Bonded Warehouse System TERMS AND CONDITIONS • Terms and Conditions of License to Operate a CBW 1. Imported raw materials, accessories, spare parts, labels, hangers, cartons, packing materials and the like used in the manufacture of articles that are transferred to other CBMW or licensed members or subcontractor for processing into finished products and thereafter exported shall be exempt from payment of duties and taxes. 2. Goods entered for warehousing shall be exempt from duties and taxes within the allowed period of storage unless withdrawn for consumption, exportation, or transit to a free zone or another CBW, in which case, such withdrawal shall be subject to the applicable rules and regulations on the liquidation of warehousing entry. 3. Imported articles may be withdrawn from the warehouse either for: a) b) c) d) e) f) Manufacture into export products; Repacking for distribution to foreign markets Sale to CBMW; Transfer to Subcontractor Transfer to members of CCBMW Domestic Consumption o Those articles withdrawn for domestic consumption shall be subject to payment of duties and taxes. 4. The visitorial power of the BOC shall extend to all CBWs, including their extensions, licensed members, end-user/clients and subcontractors. In the case of end-user/ clients and subcontractors located in PEZA or Freeport, the exercise of the BOC of its visitorial power shall always be with prior notice to the locator/ enterprise concerned and limited to a specific transaction through proper coordination with the government agency concerned. CUSTOMS WAREHOUSING | 2nd SEMESTER A.Y. 2020-2021 NOT FOR SALE | EXCLUSIVE FOR GORDON COLLEGE ONLY Republic of the Philippines City of Olongapo GORDON COLLEGE Olongapo City Sports Complex, East Tapinac, Olongapo City Tel. No. (047) 224-2089 loc. 314 5. A CCBMW or ICBW shall likewise have an Examination and Storage Facility which is a secured area with sufficient space for the inspection and subsequent storage and, safekeeping of imported goods prior to their delivery to licensed members or licensed client/ end-user, as the case may be. It shall also have the necessary logistical support needed for the proper handling of such imported articles. 6. Examination and Storage Facility is a facility of a CCBMW and ICBW with sufficient personnel and space for examination and storage of goods 7. The license to operate a CBW is personal to the warehouse and shall not be transferred or assigned for whatever the reason. 8. A Licensed Extension Warehouse or a licensed subcontractor of a CBMW should preferably be located within the Collection District where the main warehouse is registered except a subcontractor located in the PEZA or Freeport Zone. 9. Any person, natural or juridical, found to be operating as a CBW without a valid customs license, shall be barred from being granted any warehousing privileges. 10. Any misinterpretation, false statement or non-disclosure of any material information required in any application shall be a ground for its disapproval without prejudice to any administrative/ criminal charge as may be proper. 11. Any misinterpretation, false statement or non-disclosure of any required material information discovered after the issuance of a license to operate a CBW shall be a ground for the revocation/ cancellation of such license. APPLICATION FOR ESTABLISHMENT OF A CBW • Application for license to operate as member, subcontractor or client/end-user shall likewise be submitted to the Commissioner of Customs through the District Collector for evaluation by the BWC. • If client/end-user or subcontractor is located within Free Zones (PEZA/ Freeport), application must be submitted with the respective Free Zone Authority. • For MRBW, application shall be submitted through the following office/s whichever is applicable: o If the Multinational company has existing Regional or Area Headquarters (RHQ) or Regional Operating Headquarters (ROHQ) – PEZA o If the Multinational company has no RHQ/ROHQ – SEC through (Registration Division of BOI) CUSTOMS WAREHOUSING | 2nd SEMESTER A.Y. 2020-2021 NOT FOR SALE | EXCLUSIVE FOR GORDON COLLEGE ONLY Republic of the Philippines City of Olongapo GORDON COLLEGE Olongapo City Sports Complex, East Tapinac, Olongapo City Tel. No. (047) 224-2089 loc. 314 Provided, the License for MRBW shall be held in abeyance until the Certificate of Registration and License to Operate RHQ/ROHQ is issued by the SEC. (EO 226, as amended by RA 8756 implemented by its IRR). Moratorium on Establishment of CBWs o A moratorium is imposed on new applications of CBWs. The moratorium shall not cover the following: a) Application of CBMW (CMO 7-2008/CMO 9-2008); b) Applications of members of CCBMW (CMO 7-2008); c) Application for End-user of ICBW registered with BOI/PEZA/Freeport but must secure clearance from OCOM (CMO 7-2008/ CMO 9-2008/ CMO 3-2011) d) Application for MRBW (IRR RA 8756) CUSTOMS WAREHOUSING | 2nd SEMESTER A.Y. 2020-2021 NOT FOR SALE | EXCLUSIVE FOR GORDON COLLEGE ONLY