1994 / Apr

BC CUSTOMS ADMINISTRATIVE ORDER NO. 4-94 SCHEDULE OF FINES TO BE IMPOSED IN THE SETTLEMENT OF SEIZURE CASES PENDING HEARING PURSUANT TO SECTION 2307 OF THE TARIFF AND CUSTOMS CODE, AS AMENDED BY EXECUTIVE ORDER NO. 38 April 08, 1994

[ BC CUSTOMS ADMINISTRATIVE ORDER NO. 4-94, April 08, 1994 ]

SCHEDULE OF FINES TO BE IMPOSED IN THE SETTLEMENT OF SEIZURE CASES PENDING HEARING PURSUANT TO SECTION 2307 OF THE TARIFF AND CUSTOMS CODE, AS AMENDED BY EXECUTIVE ORDER NO. 38



I
Purpose

To provide a uniform imposition of fines in the settlement of seizure cases pending hearing for purposes of consistency of action.

II
Schedule of Fines

In the settlement of seizure cases pending hearing, where settlement thereof is allowed under the existing laws and regulations, the following schedule of fines for the corresponding violations are hereby provided:

 
A. FOR NO-DOLLAR IMPORTATION OF PERSONALLY-OWNED MOTOR VEHICLES
    
A.1.Commission of only one of the following:
    
 
Violations
Fines
 A.1.1.Lack of BIS prior authority 
 A.1.2.Lack of one year residency abroad20%
 A.1.3.Lack of proof of income abroad 
 A.1.4Lack of 6 months use/registration 
    
 A.2.Non-compliance of two (2) of the above-requirements30%
 A.3.Non-compliance of three (3) of the above-requirements50%
 A.4.Non-compliance of all the above- requirements80%
 A.5.Second violation of any of the above-requirements30%
 A.6.3rd violation of any of the above requirementsno settlement by fine
    
 B. For Used Buses/Trucks 
    
 
Violations
Fines
    
 B.1No IAC-UTE prior authority to import30%
 B.2Violation of IAC-UTE authority to import30%
 B.3Violation of BIS prior authority to import30%
 B.4Second violation of any of B.1, B.2 or B.380%
 B.5Third violation of any of the above requirementsno settlement by fine
    
 C.Only Violation is Lack of SGS Clean Report of Findings (CRF) 
    
 C.1First Violation20%
 C.2.Second Violation40%
 C.3.Third Violation60%
 C.4.Fourth Violation80%
 C.5.Fifth Violationno settlement by fine
    
 D.Violation of Section 2503 of the TCCP 
    
 D.1Undervaluation, misdeclaration and misclassification with more than 30% discrepancy in duty but prima facie evidence of fraud satisfactorily rebutted60%
 D.2Second violationno settlement by fine
    
 E.Other Violations 
    
  No prior authority to import regulated importations. 
    
 E.1First Violation30%
 E.2Second Violation80%
 E.3Third Violationno settlement by fine


III
Repealing Clause

All orders, rules and regulations issued by this Bureau inconsistent with this Order are hereby revoked.

IV
Effectivity Clause

This Order shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation.

Adopted: 8 Apr. 1994

(SGD.) GUILLERMO L. PARAYNO, JR.
Commissioner