2.1 Minor – This level or degree can be the subject of corrective action as allowed under applicable PNS/rules hence, may not be the subject of a Show Cause Order.Section 3. Bond Forfeiture – The amount of bond to be forfeited shall depend on the level or degree of non-conformity or non-compliance, to wit:
2.1.1 Inconsistency in the markings/tags but notified BPS prior to issuance of the Certificate of Conditional Release, 2.1.2 Transfer of products from a declared warehouse to another declared warehouse with prior notice to DTI, 2.1.3 Delay in responding to notices/letters, 2.1.4 Justified typographical errors in documents or responses submitted, 2.1.5 Delivery of products covered by a Conditional Release from the BOC to one of the declared warehouses but in the warehouse declared in the current application with notice to BPS prior to such delivery, 2.1.6 Number of missing products is less than or equal to the required number of samples, 2.1.7 Number of products with missing labels/tags is less than or equal to the required number of samples.
2.2 Significant – This level or degree fell short if being considered minor.2.2.1 Inconsistency in the markings/tags but notice to BPS was made after issuance of the Certificate of Conditional Release,2.3 Major – This level or degree may still be the subject of corrective action but the quantity involved is no longer minor hence,
2.2.2 Transfer of products from a declared warehouse to another declared warehouse without prior notice to BPS,
2.2.3 Delivery of products covered by a Conditional Release from the BOC to one of the declared warehouse but not in the warehouse declared in the current application without prior to notice to BPS,
2.2.4 Number of missing products is not more than five percent (5%) of the total quantity declared,
2.2.5 Number of products with missing labels/tags is not more than twenty percent (20%) of the total quantity declared,2.3.1 Inconsistency in the markings/tags and the quantity of products with deficiency is not more than fifty percent (50%) of the total quantity declared,2.4 Critical – Corrective actions or remedial measures shall no longer be accepted for this level or degree of infraction.
2.3.2 Transfer of products from a declared warehouse to another declared warehouse without notice at all,
2.3.3 Unjustified delay in responding to follow up notices/letters,
2.3.4 Claims of miscommunication or misrepresentation of facts, which facts are not material to the application/process,
2.3.5 Delivery of products with Certificate of Conditional Release from the BOC to a non-declared warehouse, 2.3.6 Delivery or transfer of products to a declared but unsecured/uncovered warehouse,
2.4.7 Release of products covered by a Conditional release whose quality/safety passed the test from the declared warehouse for commercial distribution but was made prior to the resolution of SCO,
2.3.8 Inconsistency in the markings and the quantity involved is less than five percent (5%) of the total quantity but the same has been committed more than once,
2.3.9 Missing quantity is more than five percent (5%) up to twenty percent (20%) of total quantity declared, 2.3.10 Number of missing labels/tags is above twenty percent (20%) but not more than fifty percent (50%).
2.4.1 Inconsistency in the markings/tags and the quantity of products with deficiency is more than fifty percent (50%) of the total quantity declared,
2.4.2 Transfer of products from a declared warehouse to a non-declared warehouse, with or without notice to DTI,
2.4.3 Total failure to respond to notices/letters, 2.4.4 Misrepresentation of material facts in the application or succeeding correspondence/s,
2.4.5 Delivery of products from the BOC to a declared or undeclared warehouse prior to the release of the Conditional release,
2.4.6 Release of products whose quality/safety did not pass the test from the declared warehouse pending resolution of SCO or prior to the issuance the required Clearance Certificate/License,
2.4.7 Inconsistency in the markings and the quality of products with deficiency is less than fifty percent (50%) of the total quantity declared but the same has been committed more than once,
2.4.8 Missing quantity is more than twenty percent (20%) of the total quantity declared,
2.4.9 Number of missing labels/tags is more than fifty percent (50%).
3.1 For significant non-conformity or non-compliance, twenty five percent (25%) of the bond shall be forfeited in favor of the government.Section 4. Effect of Show Cause Order – Pending resolution of the Show Cause Order involving a particular shipment, such shipment or any part thereof shall not be sold, distributed, or disposed of in any manner until the Show Cause Order is lifted. Further application/s filed by the same importer covering shipments other than those subject of the Show Cause Order shall not be processed, unless a sworn undertaking to abide by the decision thereon is submitted. However, the Statement of Confirmation of such other application/s shall only be issued upon compliance with the terms of the sworn undertaking submitted.
3.2 For major non-conformity or non-compliance, fifty percent (50%) of the board shall be forfeited in favor of the government.
3.3 For critical non-conformity or non-compliance, one hundred percent (100%) of the bond shall be forfeited in favor of the government.
(SGD) ENGR. JAMES E. EMPENO Director-in-Charge DTI-Bureau of Philippine Standard | (SGD) ATTY. RUTH B. CASTELO Undersecretary DTI-Consumer Protection Group |