(NAR) VOL. 26 NO. 2/ APRIL - JUNE 2015

[ BOC Customs Memorandum Order No. 9-2015, April 10, 2015 ]

ON THE STRICT ENFORCEMENT OF RULES CONCERNING REGULATED IMPORTS



Adopted: 10 April 2015
Date Filed: 14 April 2015

  1. Background

    A.1
    The Bureau of Customs has published a final, complete list of all regulated imports. The list can be downloaded from:




    A.2
    Details on how the list is organized can be found in the User’s Guide to the Bureau of Customs Regulated Imports List, which can be viewed at:



    http://customs.gov.ph/users-guide-­to-­the-­bureau-­of-­customs-­regulated-­imports-­list-­2015-­04-­06/

    and downloaded from:

    http://customs.gov.ph/regulated-imports-­list-­2015-­?04-­06/

    A copy of the User’s Guide is also attached as Appendix A.



    A.3
    Strict enforcement of the requirements in the list shall begin on 11 May 2015 (not on 20 April 2015 as previously announced).


  2. Provisions Effective on 11 May 2015

    B.1
    All importers of any product in the Regulated Imports List must provide the required import permits when filing import entries with the Bureau of Customs.




    B.2
    All Bureau of Customs assessment and operations staff processing consumption, warehousing, and transshipment entries containing any product in the Regulated Imports List, including those destined for PEZA zones and freeports, must verify whether the required import permits were issued and submitted to the Bureau of Customs, prior to their final assessment. In the case of transshipments, the permits must be obtained and a copy provided to the Bureau of Customs, prior to transshipment from the port of discharge.




    B.3
    No Bureau of Customs official shall require submission of import permits for any product which is not on the Regulated Imports List. To do so is a Grave Offence, and will be dealt with as described in Section B.7.




    B.4
    Bureau of Customs staff are reminded to take particular care in processing imports of food and drink, drugs and pharmaceutical products, and chemicals, taking note of the following:




    B.4.a
    All food and drinks, whether for human or animal consumption, are regulated imports, and must have a permit from one of the following agencies:




    B.4.a.i
    Bureau of Animal Industry
    B.4.a.ii
    Bureau of Fisheries and Aquatic Resources
    B.4.a.iii
    Bureau of Plant Industry
    B.4.a.iv
    Food and Drug Administration
    In addition, alcoholic drinks must have a permit from the Bureau of Internal Revenue.
    The specific rules for each product are shown in the list.
    B.4.b
    All drugs and pharmaceutical products, whether for human or animal consumption, are regulated imports, and must have permit from one of the following agencies:
    B.4.b.i
    Bureau of Animal Industry
    B.4.b.ii
    Bureau of Fisheries and Aquatic Resources
    B.4.b.iii
    Bureau of Plant Industry
    B.4.b.iv
    Food and Drug Administration




    The specific rules for each product are shown in the list.




    B.4.c
    Many chemicals are regulated imports, in some cases by more than one agency. This list contains all known regulated chemicals. If a particular chemical is not on the Regulated Imports List, it does not automatically mean that it is not regulated. For chemicals which are not on the Regulated Imports list Customs staff, importers, and brokers should determine whether that chemical is found in the Philippine Inventory of Chemicals and Chemical Substances (PICCS):




    B.4.c.i
    If a particular chemical is not in the Regulated Imports list but is in the Philippine Inventory of Chemicals and Chemical Substances, then that chemical is not a regulated import.
    B.4.c.ii
    If a particular chemical is not in the Regulated Imports list, and also not in the Philippine Inventory of Chemicals and Chemical Substances, then that chemical is a regulated import and must secure a permit from the Environment Management Bureau.
    B.4.c.iii
    The Philippine Inventory of Chemicals and Chemical Substances (PICCS) is contained in the file PICCS 2012.pdf, a link to which is shown in the User’s Guide to the Bureau of Customs Regulated Imports List.




    B.5
    If any Bureau of Customs staff believes that a product which is not in the Regulated Imports List should be regulated, he or she shall:




    B.5.a.
    Inform the Office of the Commissioner, by e-mail to inquiry.trga@gmail.com including the following information:




    B.5.a.i
    Description of imported product which is not in the Regulated Imports List
    B.5.a.ii
    Specific legal basis for requiring an import permit (cite the law or executive issuance, including the specific section which applies to the product)
    B.5.a.iii
    Regulating Agency from which a permit should be acquired




    B.5.b
    Wait for the inclusion of the product in future versions of the Regulated Imports List before requiring import permits for it.




    B.6
    Importers and brokers are strongly urged to acquire the necessary import permits for products in the Regulated Imports List prior to the scheduled arrival of their imports in the Philippines. Failure to present the necessary import permits within the time frames for filing of entry (30 days after date of last discharge of the last package) or claiming of importation (15 days after filing of entry) shall not be grounds for extension of the periods after which a shipment shall be deemed abandoned, nor be accepted as a justification for lifting of abandonment.




    B.7
    Non-compliance by any Customs official with Section B.3. of this CMO will be an incidence of Grave Offence as used in CMO 25-2010, title IV, Section 1, and shall be punishable upon first offense by Dismissal.




    B.8
    Non-compliance by any Customs official with any section of this CMO, except for Section B.3. will be an incidence of Simple Neglect of Duty as used in CMO 25-2010, title IV, Section 2, and shall be punishable upon second offense by Dismissal.

(SGD) JOHN P. SEVILLA
Commissioner


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