Law Summary
Scope and Coverage
- Applicable only to imported articles entered in the Bureau of Customs involving:
- Imported products under the Mandatory Product Standards Certification Scheme (Annex A).
- Sensitive agricultural products like sugar and onions (Annex B).
- Monitored/sensitive products under continuing alert (Annex C).
- Coverage subject to amendment as necessary.
Key Definitions
- Industry Technical Expert (ITE): Accredited FPI expert authorized by BOC to assist in technical matters including examination, classification, pricing, quantity verification, and PNS compliance.
- Alerta: Alert issued as per CMO 92-91.
- Industry: Members of industry associations or qualified corporate members actively engaged in manufacturing.
- Industry Screening Committee: FPI-chaired body updating ITE lists and monitored products.
- ITE Secretariat: Liaison headed by FPI for joint monitoring activities.
- ITE Mission Order: BOC-issued order listing commodities to be monitored by an ITE.
- Bureau of Product Standards (BPS): Government body under DTI responsible for developing and certifying products under the PNS.
- PNS Mark and ICC Mark: Certification marks issued by BPS proving compliance with mandatory standards.
Administrative Provisions
- ITEs observe physical examinations and review import documents, submitting recommendations on descriptions, classifications, quality, quantity, and price.
- All shipments under the mandate (except Super Green Lane Plus) must be forwarded to FPI Secretariat for examination via RED Channel.
- Physical examination should proceed within four hours even without ITE presence if notification fails.
- ITEs must assist BOC in establishing violations and expediting prosecutions.
- District Collector of Customs acts as the coordinator for implementing the Order.
- ITE Secretariat should ideally have office space within the Customs district, provided and maintained by the Industry.
Operational Provisions
- All related import documents forwarded to the ITE Secretariat for clearance/examination.
- Only the Head of ITE Secretariat or authorized representatives may request issuance of alerts or continuing alerts from BOC.
- District Collector of Customs to decide whether to issue alerts upon such requests.
- Notification of examination details must be given promptly to facilitate ITE attendance.
- ITEs submit written examination reports within one hour; adverse reports require District Collector to inform the Secretariat.
- ITE recommendations are advisory and should not delay shipment processing.
- BOC may summon ITEs even without Industry-initiated alerts; Industry must fully cooperate.
- Lists of covered shipments under the MOA are strictly observed; additions require written requests and justification.
Dispute Resolution
- Any issues must be resolved by the District Collector of Customs within 40 hours.
- Tentative release of importations with unresolved issues is allowed, subject to existing rules.
Repealing Clause
- Prior inconsistent rules, orders, or regulations are revoked, amended, or modified accordingly.
Effectivity
- The Order takes effect immediately upon issuance on June 3, 2010.