QuestionsQuestions (DTI ADMINISTRATIVE ORDER NO. 05, DECEMBER 04, 2001)
It is issued pursuant to R.A. 4109, R.A. 7394, and E.O. 913 (s. 1993). Its purpose is to prescribe revised rules and regulations governing the issuance of Import Commodity Clearance (ICC) for import shipments covered by mandatory Philippine National Standards implemented by the DTI through the Bureau of Product Standards (BPS).
Importers of products covered by mandatory Philippine National Standards must apply for ICC with the nearest DTI Regional/Provincial Office immediately upon arrival of the import shipment and after approval of the import entry by the Bureau of Customs (BOC).
The importer must apply immediately upon arrival of the import shipment and after approval of the import entry with the Bureau of Customs.
Key required documents include: (1) Packing List; (2) Certified True Copy of Import Entry; (3) Commercial Invoice; (4) Bill of Lading/Airway Bill; (5) Certified True Copy of the Customs Examiner’s Findings; (6) DTI Business Registration/SEC Registration Certificate; (7) Summary of batch/serial numbers of products covered by the mandatory standard; and (8) Power of Attorney/Board Resolution where applicable. Where applicable, original test reports from an accredited testing laboratory of the country of origin may be sent directly to the DTI office.
The options are: (1) Import shipment without Test Certificate/Report; (2) Import shipment with Test Certificate/Report; and (3) Import shipment with Philippine Standard (PS) Quality and/or Safety Certification Mark. Which option an importer uses affects the verification/testing process and documentation.
If the shipment has an original test certificate based on relevant Philippine National Standards issued by a BPS-recognized testing laboratory, ICC may be processed accordingly. When necessary, DTI may randomly resample and test for confirmation. If inconsistencies are found, subsequent imports from that country of origin may require per-shipment sampling/testing regardless of who the importer is until consistency is reestablished.
DTI authorized officers conduct inspection and sampling. Samples are properly sealed and signed to preserve integrity, then sent to the BPS Testing Center for coding and testing.
A re-test shall be conducted. ICC can only be issued if the re-test results show conformance to the requirements of the specific Philippine National Standard.
Conditional release allows temporary release from Customs custody while the ICC application is pending, but it strictly limits distribution/sale/use/transfer to the specified conditional-release address and requires inspection/inventory access by DTI.
Importers of products manufactured by foreign companies and licensed to use the PS Quality or Safety Certification Mark are issued a Certificate of Exemption, as referenced to DAO 1:1997 and its amendments/revisions.
Importers must submit product identification and traceability of the lot/batch being imported. This is the basis for ICC issuance. The imported products must also be properly labeled to reflect the product identification/traceability of the production lot/batch.
ICC is denied if the shipment does not comply with requirements of the specific Philippine National Standards and/or other DTI rules and regulations. Denied shipments must not be disposed of in the domestic market and must be properly disposed of in accordance with the Tariff and Customs Code and other pertinent rules.
Fees include: application form fee of P300.00; transportation/board/lodging costs of inspectors when necessary (borne by applicant); testing expense/fee including freight and handling of samples charged by DTI or DTI-designed laboratories (borne by applicant, payable upon submission of samples); and a non-refundable processing fee per product per Bill of Lading/Airway Bill basis assessed by BPS based on declared invoice value (e.g., up to PHP 500,000 -> P5,000; over PHP 500,000 up to PHP 1M -> P7,500; over PHP 1M -> P10,000).
Any violation is subject to administrative actions under E.O. No. 913 (s. 1983), without prejudice to criminal or civil actions under R.A. No. 4109 and/or R.A. No. 7394.
It takes effect after fifteen (15) days following its publication in two newspapers of general circulation and/or the Official Gazette.