The Customs and Tariff Modernization Act of 2008

I just read the final draft of The Customs and Tariff Modernization Act of 2008. Some provisions was added and certain provisions were amended so it can be more applicable in current times. As a customs administration student, one of the problems is that the section numbers is changed. Once we graduate and this bill was passed, we would have to start from scratch as in memorizing and studying EVERYTHING!! I like the format and how it is logically arranged and I admit some of the new provisions is already being implemented by CMOs and CAOs but it will be so much pain in the butt for CA students like me. It is as though the past 4 years studying and memorizing the sections of the tariff and customs code has all amounted to nothing. I maybe overreacting but the last couple of years studying was not walk in the park.

There are some provisions that I find to be vague but only one that I find repulsive. Look at subsection 2 (in red font)

"SEC. 113. EXAMINATION OF THE GOODS


(1) TIME REQUIRED FOR EXAMINATION OF GOODS


WHEN THE EXAMINATION OF GOODS IS REQUIRED BY CUSTOMS, SUCH EXAMINATION SHALL TAKE PLACE AS SOON AS POSSIBLE AFTER THE GOODS DECLARATION HAS BEEN LODGED.
WHEN SCHEDULING EXAMINATIONS, PRIORITY SHALL BE GIVEN TO THE EXAMINATION OF LIVE ANIMALS AND PERISHABLE GOODS AND TO OTHER GOODS WHICH CUSTOMS CONSIDER AS URGENTLY NEEDING EXAMINATION.


CUSTOMS AND OTHER AGENCIES CONCERNED SHALL COME OUT WITH A SYSTEM OF
COORDINATION AND JOINT EXAMINATION OF GOODS WHICH MUST BE INSPECTED BY THE LATTER UNDER EXISTING LEGISLATION.


(2) PRESENCE OF THE DECLARANT AT EXAMINATION OF GOODS


AS A GENERAL RULE, CUSTOMS MAY EXAMINE GOODS WITHOUT THE PRESENCE OF THE DECLARANT OR AN AUTHORIZED REPRESENTATIVE. HOWEVER, IF THE DECLARANT SO REQUESTS, HE OR AN AUTHORIZED REPRESENTATIVE SHALL BE ALLOWED TO BE PRESENT UNLESS SERIOUS, EXCEPTIONAL CIRCUMSTANCES EXIST TO BAR THEIR PRESENCE.


IF CUSTOMS DEEM IT USEFUL, THEY SHALL REQUIRE THE DECLARANT TO BE PRESENT OR TO BE REPRESENTED AT THE EXAMINATION OF THE GOODS TO GIVE THEM ANYASSISTANCE NECESSARY TO FACILITATE THE EXAMINATION.


(3) SAMPLING BY THE CUSTOMS


SAMPLES SHALL BE TAKEN ONLY WHERE DEEMED NECESSARY BY CUSTOMS TO
ESTABLISH THE TARIFF DESCRIPTION AND/OR VALUE OF GOODS DECLARED OR TO
ENSURE COMPLIANCE WITH CUSTOMS AND RELATED LAWS. SAMPLES DRAWN SHALL
BE AS SMALL AS POSSIBLE."


When I read this section I was dumbfounded. In the seaports this may have a little effect because the importer or broker will need to pay for the use of the gantry crane used in moving the container which usually happens during the examination so there is a big chance that the importer or the broker is present during the examination. Still, there is the huge possibility that they can abuse their authority. What about shipments in airports or in the post office? Who the hell in their right mind would allow other people to open their shipment even if he is a competent authority. We are talking about Bureau of Customs here. Halerrrr!!!! Why would I put my trust on the agency that is well-known for its graft and corruption.