RA 1371 PART IV.—Storage Charges

At Manila.

Section 7

SEC. 7. At Manila.— Consignments of merchandise, or parts thereof, which remain in any of the government piers or other customs premises shall be entitled to a free storage period of six working days after the cargo of the vessel from which such merchandise was landed has been officially declared as discharged. After the said free storage period, the storage rate per ton, per day shall be as follows: Per ton Merchandise not designated for Examination— For the first nine days P0.25 Thereafter, to the date of completion of the processing of the entry by the Marine Division, as stamped on the delivery permit 0.50 From the date of completion of the processing of the entry by the Marine Division to the date of delivery 1.00 Provided, That if an importer or broker demands delivery the free storage period of six working days by filing his delivery permit and having sufficient means of transportation to withdraw his merchandise from the piers, is prevented from withdrawing the merchandise because of the congestion of the cargo and/or traffic in the piers, the six-day free storage period herein provided shall be extended for the duration of such congestion upon certification by the wharfinger to the Collector of Customs of the existence of such congestion. The Surveyor of the Port, acting in behalf of the Collector of Customs, may, from time to time, extend the six-day free storage period upon the petition of the importers or brokers, if in his opinion the condition of the piers does not permit movement of merchandise due to congestion or other causes beyond the control of the importers or brokers during that period: Provided, further, That the storage charges on consignments of merchandise for which no entries are filed within ten days after the cargo of the importing vessels has been officially declared as discharged shall be assessed as provided in section ten (i) hereof: Provided, further, That in no case shall storage charged be assessed at less than one peso on any single package of less than 3.334 tons or at less than two pesos on any consignment consisting of two or more packages of less than 6.667 tons for any day or fraction thereof: Provided, finally, That storage charges shall not be collected on merchandise designated for examination, except as provided in subsection (b) hereof. The Surveyor of the Port, immediately upon receipt of advice of the wharfinger as to the time of the completion of discharge of cargo from a vessel lying alongside the pier or bulkhead, shall cause to be posted a notice at the piers and in the customhouse announcing that fact and giving the date upon which storage charged on cargo from such vessel will begin. Goods, packages, or parts of consignments designated for examination which are removed from the piers or customs premises within the six-day free storage period as provided in subsection (a) or within forty-eight hours after examination, exclusive of Sundays and legal holidays, shall not pay storage charges. Thereafter, the same shall subject to storage charge at the rate of one peso per ton per day: Provided, That no storage shall be charged on the articles above referred to if the aggregate weight of those pertaining to one consignment is less than one kilo. Goods, packages, or parts of consignments already leased for delivery to the importers, which are subsequently held for reexamination by authorized customs fleers shall not pay storage during the period of suspension of their delivery, but if they are not removed from the customs premises within forty-eight hours after their release by the withholding officers, storage shall be paid thereon thereafter at the rate of one peso per ton per day. Packages and articles, whether manifested or not, or shipstores weighing more than one kilo remaining in the parcel office or the Appraisers' Division for more than five working days after their receipt therein, shall pay the following rates: Packages or articles weighing from one kilo to ten kilos, P0.05 each, per day; and Packages or articles weighing more than ten kilos, P0.10 each, per day: Provided, That every package or article not taken within the free storage period of five working days provided in this subsection shall be subject to storage charge of at least fifty centavos in the case of those weighing from one kilo to ten kilos and one peso in the case of those weighing more than ten kilos. Parcels and packages received by mail through the Post Office, which remain in the Parcel Office of the appraisers' Division for more than fifteen working days after their receipt therein, shall pay the following rates: Parcels or packages weighing ten kilos or less, P0.02 per day; and Parcels or packages weighing more than ten kilos P0.05 per day: Provided, That each parcel or package shall, if not taken within the fifteen-day free storage period provided in this subsection, be subject to storage charge of not less than forty centavos in the case of those weighing ten kilos or less, and one peso in the case of those weighing more than ten kilos. Consignments of merchandise, or parts thereof, which are transferred to general bonded warehouses and remain therein beyond the free storage period of working days provided in subsection (a) shall pay storage charges at the rate fixed in the contract entered into between the Bureau of Customs and the operator of the general bonded warehouse. Where no such contract exists the storage charge shall be at the rate of fifty centavos per ton per day.

Section 8

SEC. 8. At Cebu, Iloilo, Zamboanga, Davao, Jolo, Tabaco, Legaspi, Jose Panganiban. Aparri, Tacloban, San Fernando, and Cagayan de Oro.— Consignments of merchandise, or parts thereof, not designated for examination, which remain on customs premises, government warehouses, or on the piers for more than four working days after the discharge of the last package of the consignment upon the customs wharf or piers, shall pay at the rate of ten centavos per ton per day: Provided, That in no case shall storage charges be assessed at less than thirty-five centavos on any single package of less than 3.334 tons or at less than seventy centavos on any consignment consisting of two or more packages of less than 6.667 tons on any day or fraction thereof. Goods, packages, or parts of consignments designated for examination which remain in the appraisers stores or on the piers for more than forty-eight hours after examination, shall be subject to storage charge at the rate of twenty centavos per ton per day: Provided, That in case said articles are taken from the appraisers' stores or the piers within the said forty-eight hours, excluding Sundays and holidays, after the examination, the same shall be exempt from storage charges: Provided, further, That no storage charge shall be assessed on any of articles herein referred to prior to the expiration of free storage period of four working days provided in this subsection, although forty-eight hours have already elapsed after the examination of said articles. Packages and articles, whether manifested or not, or shipstores remaining in customs premises for more than five working days after their receipt therein, shall pay storage charge at the rate of ten centavos per piece parcel per day: Provided, That there shall be no charge packages or articles weighing less than one kilo. Parcels and packages received by mail through the post Office, which remain in the Appraisers' Division for more than fifteen days after their receipt therein, shall pay storage charge at the rate of five centavos per day: Provided, That all such parcels and packages, except those weighing less than one kilo, if not taken within the fifteen-day period from the date they are received in the Appraisers' Division, shall be subject to storage charge of not less than one peso. No storage shall be charged on parcels or packages weighing less than one kilo. Goods, packages, or parts or consignments designated for examination which remain in the appraisers' stores more than forty-eight hours after the liquidation of the entry has been posted at the Liquidation Office, shall pay at the rate of twenty centavos per ton per day: Provided, That all goods, packages or parts of consignments so remaining shall be subject to storage charges of not less than one peso: Provided, further, That no storage shall be charged on such goods, packages or parts of consignments, until the expiration of forty-eight hours after the liquidation of the entry has been posted at the Liquidation Office.

At all Ports of Entry.

Section 9

SEC. 9. At all Ports of Entry.—Packages known as baggage or arriving as such, which remain in customs custody after their receipt on customs premises at any port of entry in the Philippines, including the customs office at Aparri, Tacloban and Jose Panganiban, shall be free from storage charges during the first forty-eight hours after their receipt therein. Thereafter, there shall be paid the following rates per day, including Sundays and holidays: Not exceeding 60 cubic decimeters in bulk—P0.05 each; Minimum charge P0.35 More than 60 to 120 cubic decimeters in bulk—P0.10 each; Minimum charge 0.70 More than 120 cubic decimeters in bulk—P0.15 each; Minimum charge 1.05 Provided, That all steamer chairs and wooden frames covered with can, cloth, or canvas, of the folding variety shall pay at the rate of two centavos each per day, the minimum to be not less than fifteen centavos: Provided further, That if such baggage, steamer chairs, and wooden frames are held in bond for a period of more than thirty days, storage charges shall accrue thereon from the time of their delivery into customs custody.

General Provisions.

Section 10

SEC. 10. General Provisions.— Merchandise, supplies or materials imported by any branch of the Philippine Government, except those imported by Philippine government entities which are intended for commercial or profit making purposes, shall be exempt from storage charges: Provided, That whenever such consignments shall have been imported by other than the Philippine Government or branches thereof, or for sale thereto, storage shall be charged thereon as hereinbefore provided. Transit consignments manifested as such for any Philippine port of entry shall be exempt from storage charges at the first port of arrival if forwarded to the port of destination within six days, including Sundays and holidays, after the cargo of the importing vessel has been officially declared to be discharged. Thereafter storage charges shall accrue thereon at the rate of fifty centavos per ton per day. Foreign transit cargo landed at any port of entry in the Philippines destined for foreign ports shall be exempt from storage charges if forwarded to its destination within ten days, including Sundays and holidays, after the cargo of the importing vessel has been officially declared as discharged. Thereafter storage charges shall accrue thereon at the rate of fifty centavos per ton per day. Overlanded or misimported cargo not destined for the Philippines shall be exempt from storage charges if re-exported within six days, including Sundays and holidays, after the carrying vessel has been officially declared discharged. Thereafter, storage charges shall accrue thereon at the rate of fifty centavos per ton per day. Unmanifested cargo intended for the Philippines or of unknown destination, if claimed by steamship agents for local consumption shall, if released by the Collector of Customs, be treated as regular imported cargo, subject to the rates of storage charges fixed as hereinbefore provided. If claimed by said ship agents for re-exportation, the same shall be governed either by subsections (c) or (d) hereof, as the case may be. All other unclaimed merchandise, including over-landed cargo, the destination of which is unknown, if not claimed within thirty days after arrival of the importing vessel, shall pay storage charges from the date the cargo of the carrying vessel is officially declared as discharged to the time authority is issued permitting entry to be filed therefor. From the date it is permitted to be entered, unclaimed merchandise shall be treated as though originally landed on that date and shall be granted five working days' grace (except when sold at public auction) before storage charge again accrues, with a reduction of not exceeding ten per cent on account of their being packages designated for examination. Packages designated for examination shall not include those the delivery of which is suspended pending compliance with customs regulations, and which are not otherwise exempt from the payment of storage charges. Storage charges shall not, however, accrue on such packages during the suspension of delivery until after the expiration of three days immediately following the date of notice release to importer. Packages which remain in customs premises, pursuant to Philippine Health Service regulations or to regulations promulgated by other government bureaus offices, shall be exempt from the payment of storage charges during the time such regulations are being complied with. Storage charge at the daily rate of one peso per ton shall accrue on all goods remaining in the auction room if not removed on the day following the date of the completion of sale. Any consignment of merchandise, with the except of those mentioned in subsections (a), (b), (c), (d) , (e), (f), and (g) hereof, for which no entry has been filed within ten days after the cargo of the steamer from which such merchandise was landed has been officially declared a discharged, or if the entry therefor has been filed but the consignment remains at the piers, bulkheads, warehouses, or other customs premises, for a period of more than twenty days after the cargo of the vessel has been officially declared as discharged, shall be subject to storage charge at the rate of one peso per ton per day thereafter: Provided, however, That in ports of entry other than Manila, the rate of storage to be charged shall not exceed twenty-five centavos per ton per day. Merchandise brought to a pier or bulkhead for export and not loaded on a vessel within seventy-two hours shall thereafter pay storage charges up to the hour of loading at the rate of twenty-five centavos per ton per day, or part thereof. Any merchandise sent to the piers or bulkheads for shipment and not loaded on the exporting vessel for which it was intended must be removed from the pier or bulkhead within seventy-two hours after the departure of said vessel, and if not so removed shall be subject to a storage charge of fifty centavos per ton per day, or part thereof, thereafter. Coastwise cargo discharged at a national port, whether a port of entry or not, which remains on the government pier, wharf or other customs premises more than two working days after discharge of all consignments from the carrying vessel shall pay a storage charge of one peso per ton per day or part thereof. Coastwise cargo brought to a pier or wharf for shipment to another port and not loaded on the vessel for which intended shall, if not removed from the pier or within twenty-four hours after the departure of the said vessel, pay a storage charge of one peso per ton per day or fraction thereof. The storage charges hereinbefore prescribed accruing on cargo which has not been withdrawn or removed from the customs premises in due time, may, for good reasons, be reduced or remitted by the Collector of Customs, subject to the approval of the Commissioner of Customs and of the Auditor General: Provided, That in case of reduction, the amount corresponding to such reduction shall not be in excess of fifty per cent nor less than ten per cent of the storage liability of the importer or consignee. For purposes of the assessment of the storage charges hereinbefore provided, the term "ton" shall be taken to mean a ton of one thousand kilos" or the American measurement ton of 1.1326124 cubic meters (40 cubic feet), whichever is greater. PART V.—Arrastre Charges