SEATWORK NO. 2 ADVANCE RULING

1.        The following may apply for an advance ruling on tariff classification with the Tariff Commission, except –

• (a) Importer

• (b) Foreign Exporter

• (c) Domestic Exporte

• (d) Commission Agent

2. XYZ Inc submitted its application for advance ruling on tariff classification on March 25. On April 2, the Tariff Commission required the submission of additional information, which XYZ Inc complied on April 5. Thereafter, the Tariff Commission requested for an onsite verification on April 7. When is the Tariff Commission required to issue an advance ruling?

• (a) May 5

• (b) May 2

• (c) April 25

• (d) May 7

3. The Tariff Commission denied the application of XYZ Inc. What could be the grounds for the denial?

• (a) XYZ Inc failed to provide additional information as requested

• (b) XYZ Inc has a pending application with the Bureau of Customs

• (c) XYZ Inc’s appeal was granted by the Court of Tax Appeals

• (d) All of the answers

4. The Tariff Commission denied the application of ABC Corporation on the ground of failure to provide additional information. If you are the customs broker of ABC Corporation, what is the most appropriate course of action?

• (a) File a Motion for Reconsideration on the ground of mistake of fact

• (b) File a Motion for Reconsideration on the ground of excusable negligence

• (c) File a Motion for Reconsideration on the ground of newly discovered evidence on information

• (d) All of the answers

5. On April 15, the Tariff Commission denied the Motion for Reconsideration of Mabuhay Enterprises, which denial was received on April 20. What is the remedy available to Mabuhay Enterprises?

• (a) Mabuhay Enterprises may elevate the denial to the Secretary of Finance for review within five days from April 15

• (b) Mabuhay Enterprises may file an appeal to the Court of Tax Appeals within 30 days from April 15

• (c) Mabuhay Enterprises may file an appeal to the Court of Tax Appeals within 30 days from April 20

• (d) Mabuhay Enterprises may elevate the denial to the Secretary of Finance for review within five days from April 20

6. Within how many years is an advance ruling on tariff classification valid?

• (a) Within 5 years from date of its issuance

• (b) Within 5 years from the date of its receipt by the applicant

• (c) Within 5 years from date of its issuance, unless earlier revoked or modified

• (d) Within 5 years from the date of its receipt by the applicant, unless otherwise specified

7. Cutie Perry filed an application for advance ruling on customs valuation before the Bureau of Customs on March 20. The Bureau of Customs issued the advance ruling on April 17. Cutie Perry made a request for withdrawal on April 18. On April 20, Cutie Perry received the advance ruling. What is the effect of the withdrawal made by Cutie Perry?

• (a) The withdrawal does not prohibit Cutie Perry from filing another application

• (b) The withdrawal is not valid

• (c) The withdrawal is valid because at the time the request was made, Cutie Perry did not receive the advance ruling

• (d) The withdrawal has no effect

8. A Corporation was issued an advance ruling on the applicable country of origin for its rubber tires from Malaysia. B Corporation, a sister company of A Corporation, also imports the same rubber tires. In order to avail of preferential tariff based on the country of origin, B Corporation presented the advance ruling issued to A Corporation. What is the effect of the advance ruling as to B Corporation?

• (a) It can be invoked by B Corporation, subject to submission of certificate of origin.

• (b) It can be used by B Corporation if allowed by the District Collector.

• (c) It can be used by B Corporation if revalidated by the Commissioner.

• (d) It has no effect on B Corporation

9. What is the remedy of an importer who is aggrieved of the advance ruling of the Commissioner as regards customs valuation?

• (a) Appeal to the Secretary of Finance

• (b) Appeal to the Court of Tax Appeals

• (c) File a Motion for Reconsideration

• (d) Any of the answers

10. Within how many days can an importer file an appeal to the Court of Tax Appeals in case of denial by the Commissioner of Customs on an application for advance ruling?

• (a) Within 30 calendar days from receipt of the ruling

• (b) Within 30 calendar days from receipt of the denial of the motion for reconsideration

• (c) Within 30 days from date of filing of the motion for reconsideration

• (d) Within 30 working days from receipt of the denial of the motion for reconsideration