[ DTI Department Administrative Order No. 15-01, July 01, 2015 ]

MEASURES TO FACILITATE THE ISSUANCE OF THE IMPORT COMMODITY CLEARANCE



Adopted: 01 July 2015
Date Filed: 13 July 2015

Whereas, pursuant to the provisions of Republic Act (RA) 4109, RA. 7394 and Executive Order (EO) 913 Series of 1993, the Department Administrative Order (DAO) No. 5 Series of 2008 or The New Rules and Regulations Concerning the Issuance of the Import Commodity Clearance Under the Product Certification Mark Scheme of the Bureau of Philippine Standards was prescribed and promulgated on 27 February 2008 for the compliance, information and guidance of all concerned;

Whereas, there are significant increases on the number of lCC applications received as well as the number of test reports evaluated;

Whereas, the Undersecretary for Consumer Protection Group issued Memorandum Order (MO) No. 15-752 on 27 April 2015, directing BPS to adopt and implement stop-gap measures to facilitate ease in doing business;

Whereas, to further enhance DTI ™s performance in ensuring ease in doing business without compromising product safety, it is desired that ICC processing time be limited to three (3) working days;

Whereas, there is a need to retain only the products that are life threatening in the BPS List of Products Under Mandatory Certification to facilitate the issuance of ICC while the rest of the products in the current list shall be transferred to Products Under Mandatory Labeling.

Now, therefore, for and in consideration of the foregoing, and in the interest of service, the following measures are promulgated:

  1. Issuance of Import Commodity Clearance within Three (3) Working Days from Filing

    1.1
    ICC applications shall be filed thru the National Single Window (NSW) and the printed copy shall be submitted to the BPS together with the required documents stipulated in Clause 3.4 of the DAO 5:2008.
    1.2
    Upon confirmation with the Bureau of Customs that the NSW online system is not accessible, manual filing shall be accepted by the BPS.
    1.3
    Pursuant to Clause 4.1.2.1 of the DAO 5:2008, validity of test report shall be observed and accepted. For this purpose, the test report of the following products shall have one (1) year validity from the date of issuance, provided that the imported product was manufactured by the same company, with the SAME TYPE and MODEL.



    1.3.1
    Blender
    1.3.2
    CD/VCD/DVD Player
    1.3.3
    Circuit Breaker
    1.3.4
    Coffee Maker
    1.3.5
    Electric Cables/Wires
    1.3.6
    Electric Fan
    1.3.7
    Electric Flat Iron
    1.3.3
    Electric Stove
    1.3.9
    Fuse and Fuse Holder
    1.3.10
    Glow Starter
    1.3.11
    Magnetic/Electronic Ballast
    1.3.12
    Oven Toaster
    1.3.13
    Plug, Socket Outlet and Extension Cord
    1.3.14
    Pneumatic Tires
    1.3.15
    Rice Cooker
    1.3.16
    Switch
    1.3.17
    Sanitary Wares
    1.3.18
    Starters/Lamp holders
    1.3.19
    Washing Machine



    1.4
    For applications with no valid test report/s, ICC certificate shall be issued, however, inspection, inventory, sampling and product testing shall be conducted prior to the release of ICC stickers.
    1.5
    After the issuance of the test report/s and the same showed compliance with the requirements of the standards, the ICC stickers shall be issued and the Surety Bond shall be returned to the importer.
    1.6
    If the test report/s showed non-compliance as to the product testing undertaken, the importer shall have the option to request for re-testing.
    1.7
    If re-testing confirms the non-compliance, the importer will be advised by BPS to re-export the products to the country of origin in accordance with the provisions of the Tariff Code or be destroyed by appropriate agency pursuant to clause 4.1.1.6.4 of the DAO 5:2008.
    1.8
    All pending ICC applications shall be issued lCC certificates subject to paragraphs 1.2, 1.3, 1.4, and 1.5 above.


  2. Reduction of Products Covered by Mandatory Certification

    2.1
    To further complement the policies intended to fast-track the processing of ICC applications, the following products/standards shall be delisted from the List of Products Under Mandatory Certification subject to the compliance with the markings and labeling requirements as indicated. The mandatory markings/labels shall be on a self-declaration basis and may be subjected to verification and/or validation by BPS, if needed.




    2.1.1
    Ceramic Tiles - markings and labeling requirements of the PNS ISO 13006:2007 with Amd. 01:2007 and water absorption or the œporosity level .
    2.1.2
    Plywood - markings and labeling requirements of the PNS 196:2000 and PNS 2103:2014
    2.1.3
    Flat Glass - markings and labeling requirements of the PNS 193:2005.
    2.1.4
    Common Nails - markings and labeling requirements of the PNS 136:2000.
    2.1.5
    GI Sheets - markings and labeling requirements of the PNS 67:2014.
    2.1.6
    The Performance and Labeling Standards of the following products:




    2.1.6.1
    Self-ballasted Lamps
    2.1.6.2
    Single-capped Fluorescent Lamps
    2.1.6.3
    Double-capped Fluorescent Lamps
    2.1.6.4
    Magnetic and Electronic Ballasts




    2.2
    The specific markings and labeling requirements are indicated in œAnnex A  * .
    2.3
    Any violation of the marking and labeling requirements is punishable under Articles 77, 97 & 98 of the Republic Act (RA) 7394, The Consumer Act of the Philippines.
    2.4
    As provided for under Section 2.1, in the event of verification/validation of the products enumerated under 2.1.1 to 2.1.6 and found to be non- compliant with the requirements of the product standards as determined by the BPS in accordance with existing laws, rules and regulations, the importer, manufacturer and/or trader shall be subject to the provisions of the Consumer Act of the Philippines and the Standards Law, as applicable.
    2.5
    The delisting shall take effect immediately notwithstanding the transitory provision herein on compliance to markings and labeling.


  3. Transitory Provision

    3.1
    The new markings and labeling requirements shall be implemented no later than three (3) months from the effectivity of this Order.


  4. Withdrawal of Show Cause Orders

    4.1
    All Show Cause Orders for products delisted under Number 2 hereof under the heading Reduction of Products Covered by the Mandatory Certification that are pending as of the date of effectivity of this DAO and issued for administrative related violations limited to transfer of warehouse without prior notice or approval by the BPS but with complete inventory are hereby withdrawn. For this purpose MO No. 15-752 dated 27 April 2015 issued by the CPG Undersecretary is recalled.


  5. Effectivity

    5.1
    This Order may be amended, revoked and rescinded.
    5.2
    The DAO 5:2008 shall remain in force and effect except for the provisions inconsistent with this Administrative Order which shall be considered repealed or amended.
    5.3
    This Order shall be effective immediately after its publication in Official Gazette or in at least two (2) newspapers of general circulation, whichever comes first, and copy furnished thereof the Office of the National Administrative Register at the UP Law Center, University of the Philippines, Diliman, Quezon City.

Recommended by:

(SGD) ATTY. ANN CLAIRE C. CABOCHAN
Director-n-Charge, Bureau of Philippine Standards (BPS)

(SGD) ATTY. VICTORIO MARIO A. DIMAGIBA
Undersecretary, Consumer Protection Group (CPG)

Approved by:

(SGD) GREGORY L. DOMINGO
Secretary


[*] Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.