BUREAU OF ees PRODUCT TUE NON [STANDARDS OPERATIONS MANUAL FOR PHILIPPINE NATIONAL STANDARD (PNS) 156:2000 ON IMPORTED SANITARY WARE PRODUCTS Pursuant to Republic Act 4109; Republic Act 7394; Executive Order No. 913, Series of 1983; Executive Order No. 101, series of 1967; Department Administrative Order (DAO) No. 5, Series. of 2001 and its future revisions and amendments, and Philippine National Standard (PNS) No. 156:2000, Sanitary Ware — Specifications, the following guidelines are hereby issued for the information and guidance of all concemed and for compliance of all importers, wholesalers/distributors and dealers/retailers. 1.0 SCOPE ‘These guidelines specify the rules and regulations in the implementation of PNS No. 156:2000, for imported Sanitary ware products. e 2.0 DEFINITION OF TERMS For the purpose of these guidelines, the following definitions shall apply: 2.4 BPS - Bureau of Product Standards 2.2 DTI-- Depart of Trade and Industry 2.3 Import Commodity Clearance. Referred to as the ICC. A document issued to an importer attesting that its imported product conforms to the requirements of the specific Philippine National Standard. 24 Importer. A local entity engaged in the importation of product who applies for the Icc, : 2.5 Wholesaler/Dealer/Retaller. An entity engaged in the sale/distribution of the e product. 2.6 ICC Holder. An importer authorizedigranted by BPS to use the ICC mark on its imported product, 2.7 PNS 156:2000. Referred to as the specific Philippine National Standard. It is the Philippine National Standard No. 156:2000, Sanitary ware — Specifications. 28 Sanitary - A reasonably acceptable appearance and not necessarily microbiologically clean., 2.9 Bidet — A personal hygiene fixture intended for use by both sexes for general Cleansing of the entire perennial, or analgenital region generally uased for quick partial bathing. Qed Membership International Organization for Standardization (ISO) + International Electrotechnical Commission (IEC) International Accreditation Forum (IAF) «International Laboratory Accreditation Cooperation (ILAC Enquiry Point for WTO Technical Barriers to Trade 3rd Floor, Trade and industry Building, 361 Sen. Gil J. Puyat Avenue, Makati City 1200 Philippines Tet: (632) 890-4965 15227 + Fax: (632) 890-5131 + E-mail: bps@ati.gov.ph * URL: htip:/iwwwat.gov.phibps3.0 40 2.10 Urinal - A plumbing fixture which receives only liquid body waste and on demand conveys the waste through a trap seal into a gravity drainage system. 2.11 Water closet - A plumbing fixture having a water containing receptor which receives liquid and solid body waste and upon actuation conveys the waste through an exposed integral trap seal into a gravity drainage system. 2.12 Test samples - sanitary wares, such as bidet, urinal, lavatory and water closet, picked out at random from the warehouse. APPLICATION FOR ICC. 3.1 Importers shall apply to BPS or to the nearest DTI Regional or Provincial offices for the ICC. Application for an Import Commodity Clearance shall be made in forms obtainable from the nearest DT! Regional/Provincial Offices. It shall be filed in triplicate with the nearest DTI Regional/Provincial Office together with the following documents: 3.1.1 Packing List 3.1.2 Certified true copy of import Entry 3.1.3 Commercial Invoice 3.4.4 Bill of Lading/Airway Bill 3.1.5 Certified true copy of Custom's Examiner's Findings 3.1.6 DTI business Registration Certificate/SEC Registration Certificate 3.1.7 Summary of Batch Numbers of the product covered by the mandatory standard 3.1.8 A validly notarized Power of Attorney (In cases where the ICC application is filed by persons with managerial/supervisory capability connected with the company authorizing them to process said ICC application). 3.1.9 A notarized Board resolution (in cases where the application is filed by persons with managerial or supervisory capability connected with the corporation authorizing them to process said ICC application.) 3.2 The DTI Regional/Provincial Office or BPS shall issue a Conditional Release within 72 hours upon submission of the application for ICC. The conditional release shall specifically states that the addresses of the warehouse where the imported goods shall be stored. The goods shall not be sold, distributed, used and/or transferred in whole or in part by the importer prior to the issuance of the Import Commodity Clearance. 3.3 The conditional release shall provide that the applicant shall give the duly authorized representative(s) of the BPS or DTI Regional/Provincial Offices access during working hours to the premises where product is being stored, for the purpose of evaluating the product and to conduct inventory relative to the issuance of the Import Commodity Clearance (ICC). 3.4 The importers are required to confirmisign the Conditional Release to understand their responsibilities and liabilities. PROCESSING OF ISSUANCE OF IMPORT COMMODITY CLEARANCE‘4.1 Application for the Import Commodity Clearance (ICC) shall be processed through any of the following three (3) options available to the importer. 4.1.1 Import shipment without test certificate/report 4.1.2 Import shipment with test certificate/report (Note: The procedure/requirements for the taking of sample for the purpose of foreign testing shall be subject to further study by the BPS) 3 4.1.3 Import shipment with Philippine National Standard Quality and/or Safety. Certification Mark License 4.2 In order for an importer to avail of the option provided for in section 4.1.2 and section 4.1.3, a Memorandum of Understanding (MOU) and/or Mutual Recognition ‘Arrangement (MRA) shall first be enforced with by BPS and its counterpart National Standards Body (NSB) or Certification Body of the exporting country. 433 In the event that the importer avails of option two (2), provided in section 41.2, the foreign test report shall state that it conforms to Philippine National Standard (PNS) 156:2000 and its future amendments. 5.0 ISSUANCE OF icc 5.1 An Import Commodity Clearance (ICC) shall be issued to importers whose imported products conform to the requirements of the specific Philippine National Standard 156:2000, and terms and conditions of the ICC shall be govemed by Department ‘Administrative Order No. 5, Series of 2001, "Revised Rules and Regulations Conceming Import Commodity Clearance’. Please see attached Annex 1. 5.2 The importer shall be required to submit the product identification and traceability of the lot/batch being imported. It shall likewise be the basis for the issuance of the ICC. 5.3 Importers shall ensure that the Imported product is properly labeled as to the Product identification and traceabily of the production lot/batch. 6.0 AUTHORITIES AND RESPONSIBILITIES OF THE DTI 6.1BPS 6.1.1 In addition to the duties specified in DAO 5, Series of 2001, BPS shall: 6.1.1.1 Inform the ICC holders or importers of any changes in the standard. 6.1.1.2 Maintain and disseminate a registry of the product's ICC holders. 6.1.1.3 Coordinate with the DTI RegionalProvincial Offices in the implementation of these operations manual, especially in the conduct of inspection, inventory, drawing of samples and verification of imported Products at the warehouse relative to Import Commodity Clearance oo‘Scheme as well as market monitoring for purposes of ascertaining the Products’ conformance to the specific standard. 6.1.1.4 Conduct final evaluation of all ICC applications, test reports and other relevant recommendation of the DT! Regional/Provincial Offices. 6.1.1.5 Issue or deny ICC based on findings under sub-clause 6.1.1.4, 6.1.1.8 Coordinate with the DTI Regional or Provincial Offices and the DTI Office of Legal Affairs in identifying, taking and implementing appropriate egal action against importer, wholesaler, dealer and retailer found to be Violating any provision of the above-stated laws, rules and regulation, department administrative orders, these operations manual, the requirements of the specific standard and its implementing memoranda and circulars, 6.2 DTI RegionalProvincial Offices 6.2.1 Facilitate the processing of ICC applications of importers i.e. evaluate application, conduct inventory and draw samples for test and issue Import Commodity Clearance or deny the application thereafter based on the recommendation of BPS. 6.2.3 Conduct market monitoring and enforcement; and 6.2.4 Take legal action against and impose appropriate sanction/s and penalties to ering ICC holders and violators. 7.0 PRODUCT EVALUATION 7.1 The product must conform to the requirements of PNS 156:2000 and the required Product identification and traceability as stipulated in DAO 05:2001. 7.2 Two sets of representative samples, per type/model/brand shall be drawn. One (1) Set shall be sent to BPS Testing Center for independent tests and the remaining one (1) set of sample will serve as a reference sample in case a retest shall be made. ‘Sampling shall be done randomly from various areas of shipment. 7.3 Inventory, inspection shall be conducted and drawing of test sample/s shall be taken either in the port area or warehouse. 7-4 Test samples shall be taken at random directly from the port area or warehouse(s) on per shipment per Bill of Lading basis. 7.5 Test samples shall be packed in the presence of DTI Regional/Provincial Offices/BPS personnel and shall be sent within 48 hours to the BPS Testing Center or BPS accredited testing laboratory by the importer. Request For Test ‘Acknowledgement of test samples shall be issued accordingly Srl7.8 Prior to BPS independent testing, there shall be no product modification or adjustment in any manner on a test sample or any part thereof. 8.0 TESTING OF SAMPLE 8.1 Test shall be done by BPS Testing Center or any BPS accreditedirecognized testing laboratory, in accordance with the requirements of PNS 156:2000. 8.2 All test results shall be held strictly confidential by the BPS and/or BPS accredited testing laboratory. 9.0 COMPLIANCE AND RESPONSIBILITIES OF THE ICC HOLDER 9.1 Compliance When the results of the warehouse inspection/inventory and test result’s showed compliance with the requirements specified in these guidelines, the Import Commodity Clearance (ICC) is issued to the importer for the typels tested and evaluated. 9.2 Responsibilities of the ICC Holders 9.2.1 The ICC holder shall observe and abide by the provisions of R.A. 4109, E.0. 913, Series of 1983, E.0. 133, Series of 1987, R.A. 7394, DAO 5:2001 and their implementing rules and regulations and shall comply with any and all other directives and orders which the BPS may issue in pursuance with its authority under the law. 9.2.2 The ICC holder shall ensure that its certified product conforms at alll times to a specific Philippine National Standard, 9.2.3 The ICC holder shall permanently affix the Import Commodity Clearance (ICC) Mark only on certified products covered by a valid license. 9.2.4 The ICC holder/applicant shall give the duly authorized representative(s) of the BPS or DTI Regional/Provincial Offices access during working hours to the premises where product is being stored, for the purpose of evaluating the product and to conduct inventory relative to the issuance of the Import Commodity Clearance (ICC). 9.2.5 As part of the market monitoring/enforcement and wherever possible, samples of the certified product shall be drawn from the market in coordination with the company representative. The company/ICC holder shall shoulder samples drawn from the market. Upon the option of the BPS, ‘samples may be drawn at the warehouse site when appropriate. 9.2.6 The ICC holder/applicant shall pay the applicable fees and charges as * billed or stipulated by BPS or DTI Regional/Provincial Offices, 9.2.7 The ICC is non-transferable.9.2.8 The ICC holder shall provide his customers, whether wholesalers or retailers, with a copy of the ICC and the ICC marks to be affixed either on the product, if applicable, and/or on the packaging. 9.2.9 Any infraction of these operations manual shall constitute sufficient grounds for the institution of administrative sanctionsftines against an ICC holder/distributorlwholesaler and retailer as per DAO 9:1990 and its future amendments, R.A. 4109, E.0, 913, Series of 1983, Series of 1987 and RA. 7394, 10, LABELS AND MARKINGS 10.1 The ICC Holders must see to it that all the products to be distributed in commerce ‘bear the ICC mark. The ICC number and the ICC logo shall be permanently and legibly affixed on the product. 10.2 Importers shall labe/mark its products as required by the specific standards, ‘memoranda and as mandated by R.A. 7394 also known as “The Consumer Act of the Philippines” and PNS 156:2000 41.0 PRODUCT IDENTIFICATION AND TRACEABILITY 11.1Each type/modeVbrand of Sanitary ware products shall have product identification and traceability code as basis for issuance af Import Commodity Clearance so as to reconcile the shipment with the corresponding clearance, 11.2 Importers. shall ensure that the imported products are properly printed with identification and traceability of the production lot/batch. 12.0 NON-COMPLIANCE 12.1. If in the conduct of inspection and inventory by DTI Regional/Provincial Office or BPS representatives showed that the imported productis were sold, distributed, used and/or transferred in whole or in part pending the issuance of the ICC, the BPS or DTI Regional/Provincial Office, together with the complainant, shall take ‘appropriate legal action against the applicant/importer, 12.2 Two separate tests with two (2) failing results must have been conducted by BPS through the BPS Testing Center or BPS accredited or recognized testing laboratory before a dectaration can be made that the product did not conform to the specific Philippine National Standard, 12.3 If in the determination of DT! Regiona/Provincial Office or BPS the first sample failed, another setis sample’s from the same lot/batch shall be sampled and tested, and if upon testing, the sample complied with the specific Philippine National ‘Standard, the lot is declared as complying with the requirements of the standard, 124 If in the determination of DTI Regional/Provincial office concemed or BPS both {ests showed that the product failed to comply with the requirements of the specific Philippine National Standard, the importers will be advised by the concemed DT] SedRegional/Provincial Office or BPS to re-export the products to the country of origin or be destroyed. 13.0 MARKET MONITORING 13.1 DTI Regional/Provincial offices shall at any time monitor and inspect the product in the market for conformance to the requirements of the specific Philippine National Standard. ifthe products are found not conforming to the specific standard, the DT! Regional/Provincial offices, together with the complainant, shall take the necessary. legal actions and impose sanction/s and penalties in accordance with the relevant DTI laws, rules and regulations, 14.0 EFFECTIVITY 14.1 These guidelines shall take effect immediately, JESUS L. MOTOOMULL Director * | lv Avoput Wop! Gu thy