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Philippines: Customs sets rules on return of empty containers in ports

MANILA, Philippines — The Bureau of Customs (BOC) has issued the interim guidelines for the return of empty containers at the port of Manila (POM) and the Manila International Container Port (MICP) to prevent congestion in the harbors.

Customs Commissioner Rey Leonardo Guerrero signed last Feb. 28 Customs Memorandum Order (CMO) 13-2019, which contains guidelines to address the issue of overstaying empty shipping containers in ports.

Under the new guidelines, importers, truckers, brokers and other port stakeholders are temporarily disallowed to return empty containers to the premises of the POM and the MICP until further notice by the BOC.

In relation to this, only empty containers covered by Special Permit to Load (SPTL) issued by the BOC’s Container Control Division (CCD) will be allowed entry to areas designated by the Asian Terminals Inc. (ATI) for POM and the International Container Terminal Services Inc. (ICTSI) for MICP.

“Shipping lines and/or their agents must secure SPTL with the CCD and/or PID (Piers and Inspection Division) of the BOC to be allowed entry and loading of empty containers at the designated areas of ATI for POM or ICTSI for MICP. The SPTL must contain, among others, the particular descriptions of the empty containers to be returned, their time of loading, and other related information,” the memo read.

But BOC said empty containers covered by SPTL must be moved to the designated areas only within 72 hours prior to the scheduled date and time of their loading to carrying vessels for re-exportation abroad.

“Empty containers not covered by SPTL, and those with SPTL but arriving beyond the above-mentioned 72 hours shall not be allowed entrance at the designated areas,” it said.

The new memo also orders shipping lines and their agents to coordinate with importers, truckers and brokers regarding the return of their empty containers to container yards, storage areas or depots.

Furthermore, the BOC said all shipping lines and their agents should see to it that all their empty containers currently stored at the ATI or ICTSI are re-exported or shipped out within 30 days from the date of the effectivity of the CMO.

Empty containers that remain at the ATI or ICTSI after the prescribed period will be pulled out from their designated areas to be transferred to container yards or depots outside of the port premises.

In case the empty containers are not re-exported within 90 days from the date of their return, the BOC would notify the shipping lines to fill up the Informal Entry for Declaration for the computation of the duties and taxes.

“Failure to file the said entry and to pay the duties and taxes within the period as provided under the CMTA, shall be the basis for the BOC to declare the said empty containers as abandoned, and shall ipso facto be forfeited in favor of the government,” the memo said.

Source: https://www.philstar.com/business/2019/03/08/1899529/customs-sets-rules-return-empty-containers-ports#yjU1GqZYYfsazdRg.99