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Section 709. Government's Right of Compulsory Acquisition - Customs Modernization and Tariff Act

Section 709. Government's Right of Compulsory Acquisition of Customs Modernization and Tariff Act. Section 709. Government's Right of Compulsory Acquisition. - In order to protect government revenues against undervaluation of goods, the Commiss

  • Subjects 9 Bar syllabus groups
  • Codals 48 Primary legal sources

Customs Modernization and Tariff Act

Section 709. Government's Right of Compulsory Acquisition. - In order to protect government revenues against undervaluation of goods, the Commissioner may, motu proprio or upon the recommendation of the District Collector, acquire imported goods under question for a price equal to their declared customs value plus any duties already paid on the goods, payment for which shall be made within ten (10) working days from issuance of a warrant signed by the Commissioner for the acquisition of such goods.

An importer who is dissatisfied with a decision of the Commissioner pertaining to this section may, within twenty (20) working days after the date on which notice of the decision is given, appeal to the Secretary of Finance, and thereafter If still dissatisfied, to the CTA as provided for in Section 1136 of this Act.

Where no appeal is made by the importer, or upon reaffirmation of the Commissioner's decision during the appeals process, the Bureau or its agents shall sell the acquired goods pursuant to existing laws and regulations.

Nothing in this section limits or affects any other powers of the Bureau with respect to the disposition of the goods or any liability of the importer or any other person with respect to an offense committed in the importation of the goods.

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