Adopted: 01 June 2015
Date Filed: 03 June 2015
WHEREAS, the Sugar Regulatory Administration (SRA) has been notified by the Bureau of Customs (BOC) on the apprehension of certain shipments of whey powder preparation under Tariff Heading 04.04 of the Tariff and Customs Code of the Philippines - The ASEAN Harmonized Tariff Nomenclature (TTCP-AHTN 2012);

WHEREAS, it has also been observed that importation of certain Sugar  Confectionery (e.g. icing used as bakery ingredient) under the Tariff Heading 21.06 of the TTCP-AHTN 2007 have been transferred under Tariff Heading 17.04 of the TTCP-AHTN 2012;

WHEREAS, certain whey powder preparation and sugar confectionery listed under Tariff Headings 04.04 and 17.04, although specifically are in the forms different from the items under Tariff Heading 17.01, such as whey powder preparation and sugar confectionery, nonetheless, are basically and principally made of sugar in general;

NOW THEREFORE, under and by virtue of the authority vested in the SRA, it is hereby ordered that:

Section 1. Scope and Definition. This Sugar Order shall apply to food preparations commodities listed in the TCCP as enumerated hereunder, and, which, for facility, may also be referred to herein, as premix commodities:

AHTN Tariff Code	Description
0404.10.00	Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter
0404.90.00	Other
1704.90.20	Sugar Confectionery (White Chocolate)
1704.90.99	Sugar Confectionery (other)
1806.10.00	Cocoa powder, containing added sugar or other sweetening matter
1806.20.10	Chocolate confectionery in blocks, slabs and bars
1806.31.10	Chocolate confectionery
1806.32.10	Chocolate confectionery

Section 2. Monitoring. All importations of premix commodities as enumerated in Section 1 shall be monitored by the SRA in terms of declared classification and quantities thereof, their dates of arrival, countries of origin, and the names of their importers or consignees. In addition thereto, random/ representative sample/s of the said commodities shall be subject to SRA laboratory analysis.

However, the SRA Administrator may waive, upon request, on certain shipments the requirement of laboratory analysis if the imported premix commodities had already been subject to SRA laboratory analysis because of previous importation/s such that there are established records of same in terms of sugar content and other traceable elements/ingredients and discernable physical appearances. Additionally, such a waiver is given after the imported premix had been verified to be the same premix that was consistently classified by the SRA through previous laboratory analysis and samples submitted.

Section 3. Premix Commodity Release Clearance. Importers or consignees of premix commodities should apply with the SRA for a Premix Commodity Release Clearance (PCRC) prior to withdrawal thereof from the BOC, by submitting to the SRA the following requirements, namely:

3.1	Application Letter
3.2	On-line application print-out with the Philippine National Single Window (PNSW)
3.3	Bill of Lading
3.4	Commercial Invoice
3.5	Packing List
3.6	Import Entry and
3.7	Temporary Assessment Notice (Asycuda)
3.8	Sample /s of the premix commodity lies drawn from the shipment by SRA personnel for laboratory analysis

Section 4. Release Clearance. Prior to the issuance of the SRA Clearance (PCRC), the importer or consignee of a premix commodity shall pay the total liens, pursuant to Sugar Order No. 4, Series of 2001-2002 concerning MAV importation, if the subject premix contains over 65% by dry weight of sugar, whereas, if it is 65% and below by dry weight of sugar, only the SRA clearance fee as provided for in the aforesaid Sugar Order shall be paid, prorated on the percent (%) sucrose content of the premix. However, if the premix contains zero (0) or non-traceable sucrose content, a nominal fee per application shall be charged.

A laboratory fee for analysis shall likewise be paid pursuant to existing General Administrative Order.

Section 5. Other provisions of Sugar Order No. 7, Series of 2003-2004 Re: Rules and Regulations on Importation of Food Preparations under Tariff Heading  21.06 of the Tariff and Customs Code of the Philippines - ASEAN Harmonized  Tariff Nomenclature (TCCP-AHTN) and Sugar Order No. 7-A, Series of 2003-2004 Re: Amendment to Sugar Order No. 7, Series of 2003-2004 shall apply to this Sugar Order.

Section 6. This Order shall take effect immediately.

Section 7. Provisions of Sugar Orders, Circular Letters, rules and regulations contrary to or consistent with this Sugar Order are hereby revised, modified or revoked accordingly.


(SGD) MA. REGINA BAUTISTA MARTIN
Administrator