October 10, 2014

CUSTOMS MEMORANDUM CIRCULAR NO. 126-14

 

1. This Customs Memorandum Circular supplements CMC 19-2014 on DTI's list of Products under Mandatory Certification by the Bureau of Philippine Standards (formerly known as Bureau of Product Standards). You are reminded that as per DTI Department Administrative Order No. 5 Series of 2008, importers of products covered by the mandatory Bureau of Product Standards product certification are required to apply for, and obtain, BPS product certification. The list of products covered by mandatory product certification is attached to CMC 19-2014 and is available on the BOC website.

2. No examiner, appraiser, Customs Operating Officer III, Customs Operating Officer V, or anyone acting in any of these capacities shall release any imports of products covered by mandatory product certification, regardless of whether these are for consumption, warehousing, or transshipment, without the required ICC Certificate, Conditional Release, Certificate of Exemption, or Philippine Standard Quality Mark License, in each case issued by the Bureau of Product Standards.

3. Unlike the ICC Certificate, Conditional Release, or Certificate of Exemption, which the BPS issues for individual shipments, the Philippine Standard Quality Mark License is issued to foreign manufacturers of specific products. Each Philippine Standard Quality Mark License shows the following information: (these are highlighted in the attached sample License)

a. The name and address of the manufacturer, including the specific plant where the product was manufactured.

b. The date until which the License is valid

c. The product(s), including brand name

d. The model number(s)

It is not importer-specific. This means that the same License can be used by multiple importers for multiple transactions, without limit, as long as the products being imported are covered by the License, and while the License is still valid. If an importer or broker presents a valid Philippine Standard Quality Mark License for products covered by that license, then it no longer needs to submit either an ICC Certificate, Conditional Release, or Certificate of Exemption.

4. Assessment staff processing import entries for which a Philippine Standard Quality Mark License is presented in lieu of any of the other documents mentioned above should verify the following before clearing the entry:

a. whether the imported goods were manufactured by the manufacturer stated in the License, in the plant stated in the License cEHITA

b. Whether the brand, product name, and model number of the products being imported are covered by the License

c. Whether the License is still valid

5. All assessment staff are required to verify the authenticity of documents from the Bureau of Product Standards before release of goods. This can be done by calling the BPS hotline at 0905 211 6548, or by using the shared files stored in Google Drive. Any assessment staff member can access the drive through the following steps:

a. If you don't have one, create a Gmail e-mail address.

b. Send an e-mail from the Gmail e-mail address to [email protected]

c. Click on the "apps" icon (it's the icon showing nine small squares, to the left of your e-mail address on the upper right hand side of the screen if you're logged on to Gmail), then click on "Drive."

d. Click on "Search List-BOC"

i. If you are searching for an ICC, use the sheet entitled "ICC Application"

ii. If you are searching for a Philippine Standard Quality Mark License, use the sheet entitled "PS Certified."

6. Clearance for release by any of any products covered by mandatory product certification by any examiner, appraiser, Customs Operating Officer III, Customs Operating Officer V, or anyone acting in any of these capacities, without the needed ICC Certificate, Conditional Release, Certificate of Exemption, or Philippine Standard Quality Mark License issued by the Bureau of Product Standards, and authenticated through its website or through the hotline, shall be considered an act of Gross Neglect of Duty, with a penalty of dismissal upon first offense, under CMO 25-2010, the Function-Specific Code of Conduct, Title IV, Section 2.

7. Failure by an importer of a product covered by mandatory product certification to present an authentic ICC Certificate, Conditional Release, Certificate of Exemption, or Philippine Standard Quality Mark License issued by the Bureau of Product Standards within 15 days of filing an entry for it shall be grounds for the issuance of a Warrant of Seizure and Detention against that shipment.

(SGD.) JOHN P. SEVILLACommissioner

ATTACHMENT

Philippine Standard Quality Mark License

Philippine Standard Certificate