CAO 1-2020 Flashcards
DEFINITION OF TERMS (17 cards)
shall refer to the consignee or person authorized to dispose of the goods, who has lodged and filed the Goods Declaration with the Bureau.
Declarant
shall refer to an assessment which is deemed final fifteen (15) days after receipt of the notice of assessment by the importer or consignee without timely and legally instituted dispute and/or protest
Final Assessment
shall refer to the commission or omission of any act resulting in material false statements such as, but not limited to, the submission of false or altered documents in connection with any importation, knowingly, voluntarily and intentionally done, to reduce the taxes and duties paid or to avoid compliance with government regulations related to the entry of Regulated, Prohibited or Restricted goods into Philippine customs territory through Misdeclaration, Misclassification or Undervaluation.
Fraud
shall refer to articles, wares, merchandise and any other items which may include Philippine and foreign notes and coins imported or exported
Goods
shall refer to a statement made in the
manner prescribed by the Bureau and other appropriate agencies, by which the persons concerned indicate the procedure to be observed in the application for the entry or admission of imported Goods and the particulars of which the customs administration shall require.
Goods Declaration
shall refer to act or acts of omission or commission done with actual knowledge or wanton disregard of the relevant facts and with indifference to or disregard for offender’s obligation under the statute
Gross Negligence
shall refer to a mechanical, electronic or clerical error committed unintentionally by the Declarant which occurred notwithstanding the maintenance of internal controls necessary to avoid such errors
Inadvertent Error
shall refer to the electronic registration of a Goods Declaration with the Bureau
Lodgement
shall refer to the use of insufficient or wrong
description of the goods or the use of erroneous tariff heading/s and sub-heading/s resulting in deficiency between the duty and tax that should have been paid and the duty and tax actually paid; and/or to avoid compliance with government regulations related to the entry of Regulated, Prohibited or Restricted goods into Philippine Customs territory
Misclassification
shall refer to a false, untruthful, erroneous or inaccurate declaration as to quantity, quality, description, weight or measurement of the goods resulting in deficiency between the duty and tax that should have been paid and the duty and tax actually paid; and/or to avoid compliance with government regulations related to the entry of Regulated, Prohibited or Restricted goods into Philippine customs territory
Misdeclaration
when there is a difference in the number of the Goods as declared in the Goods Declaration and the quantity as found after physical examination of the Goods.
Misdeclaration as to the Quantity of Goods
when there is a difference in the characteristics of the Goods as declared in the Goods Declaration and the quality as found after physical examination of the Goods (e.g. declared as USED but found out as BRAND NEW or declared as off-quality, remnants fabrics but found as whole, first class, best quality fabrics, among others).
Misdeclaration as to the Quality of Goods
when there is a difference in the descriptive nature and identity of the Goods as declared in the Goods Declaration and the description as found after physical examination of the Goods (e.g. product code, item code, make, model, series, displacement, version, among others).
Misdeclaration as to Description of Goods
when there is a discrepancy in the actual weight as declared in the Goods Declaration and the weight as found after physical examination and weighing of the Goods.
Misdeclaration as to the Weight of Goods
when there is a difference in the size, length, width, height or volume of the Goods as declared in the Goods Declaration and the measurement as found after physical examination of the Goods.
Misdeclaration as to the Measurement of Goods
shall refer to the actual or constructive taking or placing under custody the Goods, things or chattels by virtue of a Warrant of Seizure and Detention issued by the District Collector of Customs for violation of the CMTA and other related laws.
Seizure
shall refer to situation when the declared value
fails to disclose in full the price actually paid or payable; or any dutiable adjustment to the price actually paid or payable; or when an incorrect valuation method is used; or the valuation rules are not properly observed; resulting in a discrepancy in duty and tax to be paid between what is legally determined as the correct value against the declared value
Undervaluation
