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Recently, Ronaldo C. Ramos left a comment on the PGS Multiply post on The Book Blockade. He said: Is this law really repealed? I tried to claim books sent to me by my gf, and the Mandaluyong Circle Customs Officer - Amer Adnon Azis assessed me taxes and duties almost equivalent to 100% of the value of the books. He even included the shipping cost in his tax calculation. His boss, Susan Calves confirmed that taxes needed to be paid. I tried to explain the Florence agreement and that I am not an importer, she insisted that I get an exemption from the DOF. Calling the DOF they in turn insist that I appear personally at the Roxas Office to file an affidavit for the exemption. Has anyone also been assessed taxes on books lately? The assessment was made August 11, 2009.I said I'd ask around, and so I turned to The Curious Couch, leaving a comment on her post One For The Books! She graciously replied and said she'd contact the NBDB. Here's her response: Here’s the lowdown on the DOF exemption. According to the NBDB, the individual book buyer must apply for duty exemption at the DOF. You get the exemption the same day you apply for it; you have to apply for an exemption every time you have books coming in. It’s just how it is right now. An EO zero-rating books is in the works and it just might make our lives as individual book buyers much easier. But we still have to wait and see. Please feel free to spread the word and to link to this post, so we can get this info out there for those bringing books in. My grateful thanks to The Curious Couch for the help. :)  | What?
If I'm understanding this correctly, it's almost like having to ask permission from your parents every time you need to open your wallet. The effort that's gone into asserting the Florence Agreement here is commendable, but I think there's still a long to go.
It's like we're being actively discouraged form buying books abroad. Now if we had better access to books here then it might be excusable, then again since when was it ever okay to have to limit our choices at all? |
 | Hi, accidentallambofgod.
I get what you're saying, and I can only copy-and-paste in reply what The Curious Couch said:
An EO zero-rating books is in the works and it just might make our lives as individual book buyers much easier. But we still have to wait and see.
Let's see what comes out of this, but in the meantime, yes, it does look like that whenever we bring books in, we will have to apply for an exemption. Extra red tape, true, but hopefully not for long if the EO comes through. |
 | Aaarrggghhh!!!
Encouraging stupidity with red tape ..
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| @momentaries: I hope the EO comes through soon. |
 | yes. that's how it is. book duty was merely "lifted" not scrapped or abolished. sneaky. |
| the thing is, it's NBDB who shall determine the rating for books. it's revenue for NBDB, but the idea of a government institution rating the books we want to read is a stain on our democracy. |
| @thecoffeegoddess: It's sad that the extra step of having to go to the DOF might just make some book-buyers pay the duties outright despite GMA's lifting of these duties. At least, if more people know about this, maybe they'll be more inclined to go to the DOF first to get the exemptions before claiming their books.
I didn't know it was the NBDB who rates the books. Do you mean the labeling of "educational, scientific," etc.? In any case, I thought GMA lifted these duties already for all books, regardless of label. It's the extra step of having to go to the DOF that caught me by surprise. |
| @momentaries: I can't find the FB link; I'm not sure if it still exists. Maybe it was taken down when GMA lifted the duties? Instead, I linked up to the FB group, "Filipino Book-Lovers Society". If you can find the link, I'm sure it would be all right to link up, since Mr. Ramos did make a public comment. Thanks! |
 | Oh my golly!!!! And to think GMA even included this issue of taxing books in her SONA speech. If I remember correctly, she said she scrapped it altogether already. What I remember is the proud look on her face when she said this. |
| @ageofxen: Yeah, I remember that part of her SONA speech too. This requiring of an "exemption" for the duties makes that part of her speech look bad, because it makes it harder for a book-buyer to avoid the duties. |
| Almost 100% is like taxing imported cars. When did books become luxury items? |
| @thecoffeegoddess: Yes, please do! I'd like to find out. Last I heard, after GMA issued her order, there should be no more taxes/duties/levies on books, not even 1%, no matter their label by any government agency. The need to go to the DOF to get an exemption is exactly what it is: an extra step that takes more time for book buyers.
@ageofxen: I got surprised too at the 100% Mr. Ramos was asked to pay. I hope he took the time to get an exemption from the DOF. |
| @ekmisao: Thanks very much! I really appreciate the help.
Yes, I informed MLQ3 via FB PM already, but he hasn't replied yet. I suppose he'll hear about it soon enough one way or another, what with all his contacts.
Again, thank you! |
 | This... makes no sense. What basis would they have? (A) They can't use the old DO (17-09), since that has been suspended. Doesn't matter that the DO wasn't "repealed" or "scrapped"--DO 27-09 returns us to the pre DO17-09 system. ( http://www.scribd.com/doc/15910229/DOF-Order-2709-Suspending-Book-Tax) (B) They can't use anything in effect prior to DO17-09. As far as I know, before DO17-09 was enacted, duties were not being imposed on books--I mean, that was the reason DO17-09 had such an impact. Therefore if we're back to how things were prior to DO17-09, there would not be any duties to pay on the books, and hence, there would be no need to get an "exemption" from anything. Remember, Atty. Leonen's experience shows that Customs cannot in fact require duties on such imported books ( http://curiouscouch.wordpress.com/2009/05/06/going-postal-yet-again/). In short, even without this "new EO" of GMA, people should not be required to get any exemption. On the plus side, Mr. Ramos' experience is exactly the kind of testimony Atty. Leonen and Rock Ed have been looking for. |
 | Kenneth, can I link to this on Facebook? |
 | Anecdotally, I have heard of individuals who purchase books online via Amazon, etc. who had been assessed duties years before the DO came into effect. I don't know though what the legal basis was of Customs in doing so. I myself assumed then that this was above-board, in line with the duties imposed on other imported items. I only learned of the Florence Agreement this year.
I promised Kenneth I'll write more on this soon. I sense that the current rules on import duties assessed on goods purchased from abroad were designed prior to the advent of international online retail. If that were so, I'd prefer a mechanism that would distinguish purchases for "personal use" from those made for local retail. Even if, as in the case of books, the items purchased are ultimately duty-free, there may be reasons for requiring prior registration as to retailers that should not apply to individual consumers.
The only sensible reason I see for requiring some sort of prior registration before importing books is to comply with the VAT system, though that should not apply to individual consumers who are the end users of the books. Though in that case, the registration would not be as a "book importer", but as a VAT-registered person. |
| @rejjventress: Sure, Rej! Go ahead. TY!
@anitero and oxar2001law: It would be good to read both your detailed analyses of this. You guys would know the legalities of what should and shouldn't be applied. I'll link up once you guys post something; just let me know when your entries are up. I'm sure it would help everyone, just like it did before. TY! |
| @anitero: TY! I'll link up. |
 | grig1 wrote on Aug 19, '09 one of the reasons why piracy proliferate... |
| grig1 wrote on Aug 19, '09 thanks pgenrestories for the updates.
labeling the package as "gift" is indeed practical and going to the post office early sure beats the early "worm". :-)
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| You're welcome, grig1! Good luck with the books you're bringing in.
I'm seeing about trying to set up an email address where people can send in their anecdotes, scanned images, videos, audios, etc. of their experiences with regards to book duties and levies. These will then be forwarded to members of media and perhaps even lawyers. I don't know if anything will come of this, but at least, all these will be compiled, ready to go, in case anyone wants to take action. All I need really is someone to handle it, so I've been asking around if anyone's willing to take up the cudgels (wish I could do it myself, but I lack time to do all the things I need to do, as it is).
Stay tuned! |
 | Can I link this on my FB as well please? |
| @michellan: Go ahead. Thank you very much! |
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@momentaries: I hope the EO comes through soon. 