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Mandatory testing for imported steel.

By Bernie Cahiles-Magkilat

Imported steel products have to undergo mandatory testing before they are released to ensure quality standards.

This developed as the Makati Regional Trial Court in a recent decision nullified the Department Order No. 5 of 2008 and its implementing rules and regulations and DAO No. 15-01 of the Department of Trade and Industry (DTI).

The court said those orders gave DTI/Bureau of Product Standards authority/powers beyond what the law prescribed (ultra vires) like issuing conditional Import Commodity Clearance (ICC) and allowing the conditional release of imports even before they are quality tested and sampled as required by law.

The DAO and IRRs were said to have violated the amended RA 4109, which requires the IRR to be approved by the DTI Secretary and the President.

In addition, it said that DTI and BPS did not have the authority to allow, among other things, the issuance of provisional ICCs which then allowed the conditional release of a shipment even before it is inspected and certified.

The law does not allow provisional ICCs.

The law requires inspection and sampling of the shipment to determine compliance with standards before release.

With the court ruling, DTI/BPS is expected to issue new rules on steel bars importation.


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Title Annotation:Business News
Publication:Manila Bulletin
Date:Jan 27, 2018
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