Title
Source: Supreme Court
Rules for BOC-FPI Import Monitoring 2011
Law
Boc Customs Memorandum Order No. 1-2011
Decision Date
Jun 3, 2010
The Bureau of Customs, in collaboration with the Federation of Philippine Industries, implements regulations to combat technical smuggling, ensure compliance with product safety standards, and protect government revenues and consumers through enhanced monitoring of imported goods.

Law Summary

Scope and Coverage

  • Applicable only to imported articles entered in the Bureau of Customs involving:
    1. Imported products under the Mandatory Product Standards Certification Scheme (Annex A).
    2. Sensitive agricultural products like sugar and onions (Annex B).
    3. 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.

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