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

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@SelfDeterminationSpatialism

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</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</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</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</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</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</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</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</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</p> Signup and view all the answers

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