BOC junks Mighty Corp appeal on suspension of import accreditation

By on April 12, 2017


The Bureau of Customs (BOC) has denied the petition filed by cigarette maker Mighty Corporation (MC) seeking to lift the suspension order on its accreditation.  (Photo: Bureau of Customs PH/Facebook)
The Bureau of Customs (BOC) has denied the petition filed by cigarette maker Mighty Corporation (MC) seeking to lift the suspension order on its accreditation. (Photo: Bureau of Customs PH/Facebook)

MANILA—The Bureau of Customs (BOC) has denied the petition filed by cigarette maker Mighty Corporation (MC) seeking to lift the suspension order on its accreditation.

In a three-page decision, Customs Commissioner Nicanor Faeldon said that MC failed to submit pertinent documents that will support their claims for the motion to be granted.

But, the order said the company may appeal the decision.

“Wherefore, Premises considered, the instant Motion of MC is hereby denied, without prejudice to filing of a Motion for Reconsideration with attached information, undertaking and documents, and well-founded arguments that will warrant the granting of the instant Motion,” according to the ruling promulgated on April 11.

The BOC noted that MC did not substantiate its claim that shipments will deteriorate causing inestimable damages because of the suspension of its accreditation.

“To be specific, and as correctly argued by the prosecution, MC failed to indicate the particular shipments that they pray be processed by this Bureau. In other words, it failed to submit or at least enumerate the Bills of Lading that cover the shipments it wishes to process,” the order said.

It added, “This Office is even at loss as to where or what Port/Ports these shipments are now stored or pending. Without said BL’s, this Bureau not be able to identify which shipments did arrive or were contracted to be shipped prior to the issuance of preventive suspension,” the order said.

The BOC reiterated that they had to deny the motion because of the absence of pertinent documents.

“While the Bureau may consider trade facilitation and other reasonable grounds for granting the Motion, without these particular information supported by documents, this Bureau would not be able to adopt scheme in order to prevent or suppress smuggling. It may not be able to direct the particular Collection District, which should adopt scheme with regard to MC’s shipments,” it explained.

On March 14, the BOC has ordered the suspension of the company’s accreditation, thus barring all its importation.