The broker, Deo Alberca of Dial Brokerage, declared the shipment consigned to Himaya Marketing based in Cebu City, as industrial shortening. The three vans arrived at the Cebu International Port last September 4 onboard the vessel M/V Elena.
Customs District Collector Ricardo Belmonte ordered the seizure of the three 40-footer container vans for violation of Section 2530 in relation to Section 2503 of the Tariff and Customs Code of the Philippines.
Belmonte issued the warrant of seizure and detention on September 7 against the shipment after he was alerted that the shipment was misdeclared.
The collector opened the vans yesterday morning and found out that the shipment was indeed misdeclared.
Contrary to the declaration made by the broker that the vans contain industrial shortening, Belmonte found out that it actually contained 2,040 sacks of Marlex brand polyethelene resin, an ingredient in the manufacture of plastic products.
Aside from being misdeclared, it was also learned that the consignee was using a fictitious name.
According to sources, Himaya Marketing is just a small sari-sari store in barangay San Nicolas. The source added that the storeowner was not also aware of the shipment when the warrant of seizure and detention was allegedly served last week.
Nicomedic Cariño, Belmonte's chief of staff, told The Freeman that the importer should have paid more or less P1 million in duties and taxes had they declared the shipment correctly. Cariño said that because of the misdeclaration, the consignee only paid P103,000 duties and taxes.
Cariño said that they suspected that the shipment was misdeclared because the contents of the van were placed in sacks and not drums if they were indeed industrial shortening.
Upon the discovery, Cariño said that he immediately recommended that the shipment be subjected to a spot check, which led to the discovery of the illegal items.
Cariño said they will subject the shipment to seizure proceedings and once this is carried, the goods will be forfeited in favor of the government.
The shipment is currently under the custody of the Auction and Cargo Disposal Division of the Bureau of Customs.
Cariño said that the legal division will also file criminal charges for technical smuggling against the consignee and, possibly, also the broker.