QuestionsQuestions (BOC CUSTOMS MEMORANDUM ORDER NO. 1-2011)
They are to: (1) strengthen the campaign against technical smuggling and promote a fair playing field; (2) implement BPS PNS conformance for covered imported products under the Mandatory Products Standards Certification Scheme to ensure only safe/quality imports are processed; (3) strengthen BOC–FPI cooperation to combat smuggling, monitor injurious/fraudulent valuation, and prevent unsafe/non-PNS-compliant/substandard imports; and (4) protect government revenue and the consuming public.
It applies to imported articles entered in the Bureau of Customs that fall under: (1) products covered by the Mandatory Product Standards Certification Scheme in Annex A; (2) sensitive agricultural products listed in Annex B (e.g., sugar, onions); and (3) monitored/sensitive products in Annex C subject to continuing alert.
An ITE is an FPI-accredited person issued an Authorization by the Deputy Commissioner for Assessment and Operations Coordinating Group and a Mission Order by BOC. The ITE must have expertise in a particular industry and assist Customs on technical matters, including observation of physical examination, review of documents, recommendations on description/classification/price/quantity, and checks for PNS compliance; if required, compliance with prior government regulations (e.g., DENR permits, BFAD requirements) prior to release.
An “Alerta” is an alert issued pursuant to CMO 92-91, as amended.
It is chaired by FPI and tasked to update the lists of Industry Technical Experts (ITEs) and monitored/sensitive articles for submission to BOC, including the list of products under the Mandatory Product Standards Certification Scheme under PNS.
It acts as liaison on joint FPI–BOC monitoring activities and is chaired by FPI. It also serves as the channel for routing documents and may request alerts/inclusion in continuing alert through its head or authorized representative.
It is an order issued by BOC identifying the list of commodities and corresponding tariff headings to be monitored by an ITE. As far as practicable, entries under the listed tariff headings (including consolidated entries containing such headings) and articles covered by the BPS–PNS Mandatory Product Standards Certification Scheme must be coursed through the ITE for observation, comments, and recommendations before final assessment and clearance.
The Philippine National Standards (PNS) Mark and the Import Commodity Clearance (ICC) Mark are both issued and securely affixed by BPS to products covered under the Mandatory Product Standards Certification Scheme to certify compliance with PNS rules and regulations.
The ITE acts as an observer during physical examination of alerted shipments, is provided copies of the import entry and other import documents, reviews them, and submits recommendations (description/classification/quantity/quality/price) referencing the declarations in import documents. These recommendations are for proper handling and protection of the public in accordance with consumer-related objectives.
BOC must ensure that covered shipments enumerated in Annex A, Annex B, and Annex C (except those covered under the Super Green Lane Plus) are forwarded to the FPI Secretariat for clearance/physical examination on the RED Channel.
The CMO requires notification in the fastest way possible; otherwise, subject to the “four (4)-hour rule,” physical examination proceeds as scheduled even without the ITE.
No. The ITE’s opinion is recommendatory. Any dispute arising from the recommendation is resolved under existing BOC rules and regulations, and the recommendation shall not be used to cause delay in processing any shipment.
Immediately after examination, the ITE must submit a written report in the prescribed form to the assigned COO III, which must not exceed one hour after the examination, with a copy furnished to the District Collector of Customs.
If the ITE is adverse, the District Collector of Customs must inform the ITE Secretariat of the action taken by BOC on the adverse report.
Yes. BOC can request a competent ITE to witness and examine for the objectives of the Order even if the alert was not initiated by industry; in that case, industry must provide full assistance.
The District Collector of Customs is the designated Coordinator tasked to implement the provisions of the CMO and assist industry members in achieving the objectives.
It takes effect immediately. All other rules, orders, and regulations inconsistent with it are revoked, amended, or modified accordingly.