Customs Modernization and Tariff Act (CMTA) 2016: Guidelines on Recalling/Lifting/Reconsidering Orders of Abandonment
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Questions and Answers

What is the timeframe within which the District Collector shall resolve any Motion Recall/Lift/Reconsider/Set Aside any Order/Decree/Decision of Abandonment?

  • Within fifteen (15) working days
  • Within five (5) working days (correct)
  • Within thirty (30) days
  • Within two (2) working days

What is the purpose of the appeal to the Commissioner?

  • To appeal the decision of the Office of the Commissioner
  • To appeal the decision of the District Collector only
  • To raise new arguments not raised in the initial motion (correct)
  • To reiterate the same arguments raised in the initial motion

What happens to the Decision of the District Collector after confirmation by the Office of the Commissioner?

  • It is sent back to the District Collector for review
  • It becomes final and executory within fifteen (15) days (correct)
  • It becomes final and executory immediately
  • It is automatically appealed to the Commissioner

What happens to the subject shipments once the Order/Decree/Decision becomes final and executory?

<p>They are disposed by the concerned District Collector (C)</p> Signup and view all the answers

What is the minimum timeframe required for the submission of supporting evidence to the appeal?

<p>A reasonable time (D)</p> Signup and view all the answers

What is the timeframe for filing an appeal to the Commissioner?

<p>Within fifteen (15) days from receipt of the questioned decision (A)</p> Signup and view all the answers

What is the primary basis for the District Collector's decision in abandonment proceedings?

<p>Section 1129 of the CMTA (D)</p> Signup and view all the answers

What is the time period for filing a Motion to Recall/Lift/Reconsider/Set Aside an Order/Decree/Decision of Abandonment?

<p>Fifteen (15) days from receipt (A)</p> Signup and view all the answers

What is the purpose of the guidelines on resolving a Motion to Recall/Lift/Reconsider/Set Aside an Order/Decree/Decision of Abandonment?

<p>To provide a clear and specific provision for resolving motions (C)</p> Signup and view all the answers

What is the relationship between Section 1129 and Section 407 of the CMTA?

<p>Section 1129 is related to abandonment, while Section 407 is related to Goods Declaration (B)</p> Signup and view all the answers

What is the requirement for the District Collector in issuing an Order/Decree/Decision of Abandonment?

<p>Strict compliance with the notices required under Sections 1129 and 407 of the CMTA (C)</p> Signup and view all the answers

What is the key consideration for the aggrieved party in filing a Motion to Recall/Lift/Reconsider/Set Aside?

<p>The timeliness of the filing (B)</p> Signup and view all the answers

Flashcards

District Collector's decision timeframe

The District Collector must resolve any Motion Recall/Lift/Reconsider/Set Aside within five working days.

Appeal purpose

An appeal to the Commissioner allows for presenting new arguments not brought up in the initial motion.

Commissioner's confirmation effect

The District Collector's decision becomes final within fifteen days after the Commissioner's confirmation.

Shipment disposition

Once an abandonment order is final, the District Collector handles the subject shipments.

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Appeal Evidence Time

Supporting evidence for an appeal must be submitted within a reasonable time.

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Appeal filing timeframe

Appeals to the Commissioner are filed within fifteen days of receiving the decision.

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Collector's abandonment basis

The District Collector's decisions are based on Section 1129 of the CMTA.

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Motion filing timeframe

A Motion to Recall/Lift/Reconsider/Set Aside should be filed within 15 days of receiving the order.

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Motion resolution guidelines

Clear guidelines are provided for resolving Motions to Recall/Lift/Reconsider/Set Aside.

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CMTA Sections 1129 & 407

Section 1129 relates to abandonment, and Section 407 concerns Goods Declaration.

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Collector's requirement for abandonment order

The collector must follow Sections 1129 and 407's notice requirements.

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Agrieved party's motion consideration

A motion to correct an error is considered based on timely filing.

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