[ BOC (DOF), August 03, 1993 ]

IMPORTATION OF REGULATED GOODS



It has been brought to the attention of this Office that a shipment of regulated goods was released without the necessary authority/clearance from the regulatory agency concerned but instead upon indorsement from other office to the effect that said office interposes no objection to its release.  The particular case concerns the importation of used tires without the requisite authority from the Bureau of Import Services, Department of Trade and Industry (BIS/DTI), the regulatory agency for such kind of importation under CEC No. 1348.  The shipment was released purportedly on the strength of a letter-endorsement not coming from the regulatory agency which is BIS/DTI and which says: "This Office will not interpose any objection to said request after payment of corresponding taxes and duties.

Henceforth, it is hereby directed that letters or endorsements of the "interposes no objection" kind other than those coming from the regulatory government agency itself shall not be treated as authorities or clearances by themselves, or as substitutes to the required authority/clearance that would allow the importation of an otherwise regulated/restricted or banned commodity.  Such kind of letters/endorsements should be coursed through the appropriate agencies for a favorable indorsement to this Bureau.  Otherwise, it shall be incumbent upon the concerned Customs official to refer such indorsements to said appropriate regulatory agencies for their appropriate action.  Only those authorities that are duly issued by the proper agencies authorized under existing rules and regulations shall be considered as such.

This directive applies not only to used tires but to all restricted/regulated importations as well.

Relative thereto, a list of all pending, seized, forfeited, abandoned and overstaying shipments of used tires be submitted to this Office within seventy-two (72) hours from receipt hereof so the same may be disposed of in accordance with law.

Kindly be guided accordingly.

Adopted: 3 Aug. 1993

(Sgd.) GUILLERMO L. PARAYNO, JR.
Commissioner