In line with Department Administrative Order No. 05, Series of 2008, regarding the new rules and regulations concerning the issuance of the import commodity clearance under the product certification mark scheme of the Bureau of Product Standards (BPS), Section 2 on the Definition of Terms states that Conditional Release is defined as a “document issued to an importer allowing the temporary release of goods from Customs custody, upon compliance with the Bureau of Customs (BOC) and Bureau of Product Standards (BPS) requirements, while awaiting BPS decision on the issuance of an ICC.”
An Import Commodity Clearance (ICC), on the other hand, is defined as “a document issued by the Department of Trade and Industry (DTI) attesting that the quality and/or safety of an imported product conforms to a Philippine National Standard or BPS-recognized international/ foreign standard.”
We must then enumerate what the requirements are for the application for Import Commodity Clearance. According to the same department administrative order, Section 3.4 states that the “application for an Import Commodity Clearance shall be made using forms obtainable from BPS or the nearest DTI Regional/ Provincial Offices. It shall be filed in duplicate with the BPS or nearest DTI Regional/ Provincial Office, together with the following documents:
3.4.1 Packing List
3.4.2 Certified True Copy of Import Entry
3.4.3 Commercial Invoice
3.4.4 Bill of Lading/ Airway Bill
3.4.5 Certified True Copy of Custom Examiner’s Findings
3.4.6 DTI Business Registration Certificate/ SEC Registration Certificate
3.4.7 Summary of Batch Numbers/ Serial Numbers of the product(s) covered by mandatory standard
3.4.8 Power of Attorney (In cases where the ICC application is filed by persons with managerial/ supervisory capability connected with a sole proprietor or partnership organization authorizing them to process said ICC application)
3.4.9 Board Resolution (In cases where the application is filed by persons with managerial or supervisory capability connected with the corporations authorizing them to process said ICC applications)
3.4.10 Where applicable, original copy of the test report from the BPS designated/ recognized testing laboratory to be sent directly to BPS/ DTI Regional or Provincial Offices where the application is filed.
3.4.11 Bond, if to be issued Conditional Release.”
Section 4 of DAO No. 5, Series of 2008, provides the processing and issuance of Import Commodity Clearance. As mentioned in this same section, Item 4.1.1.1, “an importation without a test report may be issued conditional release from BOC’s custody by the BPS or DTI Regional/ Provincial Office, upon importer’s compliance with BOC’s requirements and any other requirements of the DTI.” However, it is to note that according to Section 4.1.1.2, “pending the issuance of the Import Commodity Clearance, no distribution, sale, use and/or transfer to any place other than the warehouse duly approved by BPS/ DTI Regional or Provincial Office, in whole or in part, shall be made by the importer or any person. To ensure that no distribution, sale, use, and/or transfer to any place other than the address specified in the Conditional Release, the importer shall allow the BPS or authorized DTI personnel or any BPS authorized inspection body/ inspector conduct verification/ inspection/ inventory of the import shipment.”
Need further information and assistance regarding the processing of the DTI certificate of conditional release? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or send an email to info@duranschulze.com for more information.
