BOC files smuggling case vs plywood trader, customs broker

Bureau of Customs. INQUIRER FILE PHOTO

MANILA, Philippines—The Bureau of Customs on Thursday filed a P30-million smuggling complaint with the Department of Justice against a plywood trader and a customs broker.

Facing the complaint are Michaela Ante, sole owner and proprietress of Bandini Trading, and customs broker Anna Marie Vallespin.

They are being accused of violating Republic Act 4109, Bureau of Product and DTI Department Order No. 5, series of 2008 for failure to obtain PS License and product certifications; Sections 3601 and 3602 of the Tariff and Customs Code of the Philippines for unlawful importation and the fraudulent filing of import documents; and Article 172 of the Revised Penal Code of the Philippines for falsification of public documents.

Based on the complaint, Vallespin brokered the entry of 43 40-foot container vans declared as containing “ordinary plywood” that arrived in seven batches at the Port of Subic from June 17 to July 13, 2014. The shipments were issued Alert Orders following derogatory information received by the BOC from the Bureau of Product Standards (BPS) of the Department of Trade and Industry (DTI).

Then, it was discovered that Bandini allegedly submitted fake Conditional Release Permits (CRPs), a document issued by BPS required for the customs clearance of goods that are required by law to undergo mandatory product testing at the BPS.

Under Republic Act 4109 (Bureau of Product Standards Law), importers and manufacturers of covered goods which include plywood and other construction materials are required to submit mandatory product certification from BPS, the country’s National Standards Body (NSB), before distribution and sale. Products that comply with Philippine National Standard (PNS) requirements will be issued a Philippine Standard (PS) license and Import Commodity Clearance (ICC) certificate.

However, BPS records showed that Bandini is not a registered PS License holder for any wood products covered by mandatory certification nor did the firm apply for or obtain the required ICCs or CRPs from the DTI-BPS for the subject shipments.

“This is a very clear case of unscrupulous traders who choose to ignore our laws. We cannot put the lives of our people and public safety at risk from construction materials that were never certified for safety or product quality. Let this be a warning to those in the business of trading construction materials that we are strictly implementing a ‘no permit, no entry’ policy,” said Customs Commissioner John P. Sevilla.

The DTI is also investigating Bandini Trading for allegedly submitting fake Conditional Releases which were allegedly signed by the current BPS Director-in-Charge Atty. Ann Claire Cabochan to discharge the imported plywood.