Law Summary

1.0 Scope

• Legal Principle: The order establishes rules for issuing Import Commodity Clearances (ICC) for shipments adhering to mandatory Philippine National Standards.

• Key Definitions:

  • Import Commodity Clearance: Document issued by the DTI confirming compliance with standards.
  • Bureau of Product Standards (BPS): The implementing authority under DTI.

• Important Requirements: Compliance with standards is essential for the issuance of ICC.

2.0 Definition of Terms

• Key Definitions Introduced:
  • Certifying/Testing Organization: An entity capable of testing and certifying products.
  • Test Certificate/Report: Document certifying compliance with standards.
  • Conditional Release: Temporary release document pending ICC issuance.

3.0 Application for Import Commodity Clearance

• Legal Principle: Importers must apply for ICC upon shipment arrival and customs approval.

• Important Requirements:

  • Application must be submitted in triplicate, including specific documents (e.g., packing list, commercial invoice).
  • Must apply at the nearest DTI Regional/Provincial Office.

• Timeframes: Application should be immediate upon customs approval.

4.0 Processing and Issuance of Import Commodity Clearance

• Legal Principle: ICC applications can be processed through three options based on the presence of a Test Certificate/Report.
• Important Procedures:
  • Options include:
    • Without Test Certificate/Report
    • With Test Certificate/Report
    • With Philippine Standard Quality/Safety Certification Mark
  • MOUs and MRAs are required for options 2 and 3.

5.0 Import Shipment Without Test Certificate/Report

• Legal Principle: Conditional release can be granted for shipments lacking test certificates.

• Key Requirements:

  • No distribution of goods until ICC is issued.
  • DTI must inspect and sample products; results determine compliance.

• Consequences: Noncompliance leads to denial of ICC.

6.0 Import Shipment With Test Certificate/Report

• Legal Principle: Shipments with test certificates must comply with Philippine standards.
• Important Procedures:
  • Random resampling/testing may be conducted by DTI.
  • Nonconformance may trigger further testing for future shipments.

7.0 Import Shipment with Philippine Standard (PS) Quality and/or Safety Certification Mark

• Legal Principle: Importers with PS certification receive a Certificate of Exemption.

8.0 Product Identification and Traceability

• Legal Principle: Importers must ensure proper product identification and traceability.
• Key Requirements:
  • Products must be labeled accordingly to facilitate ICC issuance.

9.0 Denial of Import Commodity Clearance

• Legal Principle: Noncompliance with standards leads to denial of ICC.
• Consequences:
  • Denied shipments cannot be sold domestically and must be disposed of per regulations.

10.0 Import Commodity Clearance Mark

• Legal Principle: Clearance mark must be affixed to compliant products.
• Key Requirements:
  • The mark should not be used misleadingly.

11.0 Fees, Charges, and Other Expenses

• Legal Principle: Fees apply for ICC applications and testing.
• Important Details:
  • Application fee: PHP 300.
  • Processing fees based on invoice value.
  • Importers bear costs of inspections and testing.

12.0 Special Cases

• Legal Principle: Separate guidelines may be issued for products with supply constraints or testing issues.

13.0 Disposition of Samples

• Legal Principle: Samples must be returned or disposed of per existing rules if unclaimed.

14.0 Penalties

• Legal Principle: Violations may lead to administrative actions or criminal/civil penalties as per relevant laws.
• Relevant Laws: E.O. No. 913, R.A. No. 4109, R.A. 7394.

15.0 Separability Clause

• Legal Principle: If any provision is deemed invalid, the remainder of the order remains effective.

16.0 Repealing Clause

• Legal Principle: Previous inconsistent orders are repealed or modified.

17.0 Effectivity

• Legal Principle: The order takes effect 15 days after publication.

Key Takeaways

• The DTI Administrative Order outlines comprehensive procedures for obtaining Import Commodity Clearances in compliance with Philippine National Standards.
• It emphasizes the importance of proper documentation, inspection, and adherence to established regulations.
• Importers face significant penalties for noncompliance, reinforcing the necessity for thorough understanding and adherence to the outlined processes.