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7.15.2020 - DAO 20-03 - Child Restraint System
7.15.2020 - DAO 20-03 - Child Restraint System
NEG S
KONSYUM"WR
20-03
DEPARTMENT ADMINISTRATIVE ORDER NO. _ _
Series of 2 0 1..0
WHEREAS, the Department of Trade and Industry (DTI) is the economic catalyst that
enables innovative, competitive, job generating, inclusive business, and empowers
consumers;
WHEREAS , pursuant to such mandate, the DTI is empowered under Executive Order (EO)
292, Series of 1987 otherwise known as the "Administrative Code of 1987" to protect
consumers from trade malpractices and from substandard or hazardous products;
WHEREAS, the DTI Bureau of Philippine Standards (BPS), formerly known as Bureau of
Product Standards, is mandated by Republic Act (RA) 4109 to perform standards
development, certification, testing, policy formulation, and monitoring functions;
WHEREAS, EO 101, Series of 1967 empowers the BPS to promulgate, subject to the approval
of the DTI Secretary, such rules and regulations for the marking of goods standardized by the
BPS and for other purposes;
WHEREAS, such BPS mandates are reiterated in RA 7394 or the "Consumer Act of the
Philippinesn wherein it states that, "it shall be the duty of the State to develop and provide
safety and quality standards for consumer products, including performance or use-oriented
standards, codes of practice and methods of tests; to assist the consumer in evaluating the
quality, including safety, performance and comparative utility of consumer products; to protect
the public against unreasonable risks of injury associated with consumer products; to
undertake research on quality improvement of products and investigation into causes and
prevention of product related deaths, illness and injuries; and to assure the public of the
consistency of standardized products~;
WHEREAS, RA 11229 entitled "An Act Providing for the Special Protection of Child
Passengers in Motor Vehicles and Appropriating Funds Therefor" otherwise known as the
"Child Safety in Motor Vehicles Act" further states that "it is the policy of the State to ensure
the safety of children while being transported in any form of motor vehicle. The state
recognizes the right of children to assistance, including proper care, and special protection
from all forms of neglect, abuse and other conditions prejudicial to their development, including
exposure to safety risks while aboard motor vehicles."
WHEREAS, in keeping with such policy RA 11229 mandates the DTI to "use standards set
forth in United Nations Regulation 44 and United Nations Regulation 129 including its evolving
standards and other acceptable international standards in the approval or disapproval of child
restraint systems that will be manufactured, sold, distributed and used in the Philippines. Such
All manufactur.~rs• .importers,_distriputors and sellers pf.~hild resfr~int systems are required -to-
sec_l)re from thr:J Bvreau ofProduct Standar_d~·(BPS):-a Philippine Standim;Js {PS) mark license-
of linport -C learance Certificate (ICy) license prior to the m8rketing, safe -.a nd distribution .o f
theirpro·itacts. The .BPS shall issue periodicatty a list of child restraint $ystemsmanufacturersJ
importws and distributors, oand the brands which PB$S its standards to be published. in a
newspaper of general circulation or ii'f its website. , .
·wHIEREAS; the Implementing R_ules anc;l Regulations.(IRR} of RA.11229 mandat_es the DTI,
through tf:te BPS, to "(a) Develop standards or adopt international standards referred td iil.thfs
Section ~nd promulgate them as Philippine. Nation~/ Standards for phild resJraiht systems; and
(P) Issue a technical regulation -for theprodud oottific.ation _
pf child testftJiilt syst_ems,"
WHEREA·s~ EO 913! Series of 19.83, vests. with th·e· DTI the adjl)dicatory power&·such--qS to·
Gonduct arbltr~tfon, conciliation. medi~tion;_ lprmal. investigi3tion; imposition of administrative
penalties; and issue cease~and-de·sist ortlers,_seizures, preventive measures alid.other similar
orders in case of violation of trade and . indU$:try laws inc;ludlng those _relaUng to ·t he BPS'·
Certification Sch.em~s;
Rule 1: o ·BJEC.TIVE
This DAO ~ims to striCtly ensu_re that child restraint :;ystem~ meet the ~pecified safety·
t:equlretnenls·- as prescribed ~ythls Technical Regulation.
Rule 2. SCOPE
This ·Technical Regulation covets the mandatory certificatior.i of .child .restraint systems, as
follows: · · · ·
THE NEW TECHNICAL REGULATION CONCERNING THE MANDA TORY PRODUCT Page·2 ¢ 24
CF:R! _IFtCArtoN OF CHILD RESTRAINT sYs'f$As_ . . . .
3.1 . Audit -: :a .systema.ticj independen~ and documented process for obtaining audit
evidence, and evciluatin~ it objectiVely to determine the· extent ·to which the audit
criteria are fulfilled. 1 ·
3.2. Audit crJteri.a - set pf policies, :r3~ocedures or requirements used as·· a reference
a9ainst whl.ch audit evidence is, compared. 2
3.4. Accredited Conformity As~$sment Body (CAB) .... ·ihspectkm body,,. testing
laboralofY or certification ·body ~ccr~dited under PNS 1$,0/IEC' 17020, PNS.I$0/IEC
170.21, PNS fSOIIEC 17025 or PNS JSOIIEC 11065,· respectively, in .its relevant
upd.ated versionl~ition by .the Philippine Accredi~tion Bureau (P.AB) or· by an
accreditat,pn body that is. a .s ignatory to . regionallintemational agreements enter.ed
lnto· by the· Government of' the Republic of the· Philippines through bTl [(i.e. ASia
Pacific-Accreditation Cooperation (AP.AC), International Laboratory Accreditation·
Cooperation (I LAC).,hiternati9nal Accredi.tatlon Forum·(IAF}].
3.5. Bqoste,r c~shio.nfseat- a firm ·cushion L,ISed in conjunction with an aqult. seat bel(
whlch',pa~ses around the body of.the:chitd or r-estrains-the device in which ·the chfld is
· placed~ forming .a .completE:! .child restraint system.:'!
3,8. <;:arry-cot - a restrain~ ~y~~em int~nded to a~ornmodate and r~strain the chfld: in a
supine or prone position with the child 1s·spine perpendicular to th:e·medif:m longitudinal
plane. of: the vehicle. 5
3.9. Certifica1Jon Body- third ·party conformity assessment bbdy pp·erating a cetliflcation
scheme.
·t1sd 19011:2011
·2 lbtcl. .
) JSO/IEC l lfJ(JO
"' PNS UJV"R-44.'20l.t$
S·PNS t./NR 12.9:20.18·
THE NEW tECHNICAL REGULATiON CONCERNING THE MANDATOR.'( PRO!JUCT
CERTIFICAT/ON.OF.C/:tiW RCSJRAUVTSYSTEM.S.
3.11.Child Restraint System - a device capable of accommodating a child occupant in a
sitting or supine position. It is so designed as to diminish the risk of injury to the
wearer, in the event of a collision or of abrupt deceleration of the vehicle, by limiting
the mobility of the child's body.6
3.19. Forward-facing - a child restraint system facing in the normal direction of travel of
the vehicle. 10
6
PNS UNR 129:2018
7
Webster 's New World Law Dictiona~y
8
ISOIJEC 17000
9
Ibid
10
PNS UNR 44:2018 & 129:2018
" ISOI!EC /7020
12 / bid
THE NEW TECHNICAL REGULATION CONCERNING THE MANDA TORY PRODUCT Page 4 of 24
CERTIFICATION OF CHILD RESTRAINT SYSTEMS
3,2S.ISO/IEC·1·7020-Conformity as~essment- Requirements for the operation'of various
types·of.. bodies partb.rming inspection. ·
3.2t.lSO/rEC 17025 - Genera] requirem·ents for the competence of. testing:and calibration
la,boratories.
3.31.Lot NoJBatch· No.·- an identification number used to: identify ·production/lot batCh of
the product ·for quality ·control-and traceabiliW purposes.
3;36-.Reiuward-facing :-a chfld 'restraint system facing in the direction opposite to the
nqfmal dir~cti9n of tr~vel of the vehicle.:15 ·
3.38.$:a mpJing - a. method of _gett.ing-a repr~sentative sample of. a pro(fu~ according to~
specified procedure:.
3.43:Test ~eport- a document that presents tesl r~sults and- other lhfarmath:m relevant
· to a.test. · ·
3.45.T,hlrd Party - a 'body ·tha~ is independent of th~ organlzath;m that providt;;!s the
proquct/servit;e and· i_s not .the us~r of th_e pr:oductlse)rvice. (testing, inspect1on, and ·
sampJing). 18
3.49.(:h11d. r~tr~.'fnt typ~ - means. child restraints which qo not differ _in -such _
_ essential
respect~~-= (a) tD.e ~tl::gory·_in which _the restraint is intended to
be useo-, (b}design~
(c) material~ and (d) construction: 20
R~le 4. THE PHILIPPINE ST~DARD. (PS) SAFETY MARK UCEN.S ING SCHEME
TheP$ Safety Mark l.icen~ing Scheme (P.S licensing $cheme for brevity)_shall be available
to both-local and foreign manufacture-rs selling -or -distrlbotlng child-restraint systems in the
Ph!Hpplne market.. The:Ucense to use thePS Certification Mark sHalf be gr~nted to a company
found to .be compliant with th-~ requirements. To ensure:compliance of the certified pro_ducts,
. regul~r survelll!anCe activities as per existing DTI ru_
l es sh~:,~fl ~ condl,lcted as. follows, as may
be applicable:
1
1JSO!IEC17000
IB Jbu/;
"~:ISO!Ii;;C 90,00 _
211
fN_S UNR 4.4:1018 & 129:201'8
THE -NEW TECHNicAL -REGuLATIOfV CONCERNING THE MANDATCJRY PRODUCT
c;ERTIF.ICA710N OF CHILD RESTRAINT SYSTEMS . , .
4.2.2·. Regul~u insp.ection/verificatron per shipment,_ and product testing (ifn·ee.essary);
5, t.t DUly accomplished Qpplication form, subscribed .and sworn to ·by the applicant,
or hi$ duly authol;ized management.. representative. In ~a~e of an overseas
appl.icant, the .application· form ·shall .be duly authenticated by th~ Phil,ippjne
Consulate iri the cout1try whe-re the mam1facturii19 plant to be audited is
l.ocated. The r equireinent .of.aut!lentication may ~waived subjectto recipro.city
arrangement$ between the .Philip.p ines -a~d the· e~porting cou~try;
S; 1.2 For a sole proprietorship: Bk!sin~ss N~m~ Registra.t ion. an.d permit !~ue.d by
the local government unit having jurisdictjon over·it; or
5.1 :3 Latest lncomeTa~ Return or lat~st audited financial &t~temerit, ~nd certification
of .an
accountant on the net won:h of the.business, submitted once unless an
am.endment has been made within the.. currentye.ar;
5.1.4 QUality Management System· (OMS) Manual covering the ·ptoduct being
applied for PS-Li'ce:nse~ includipg'the p_
roductls' prod~Ction .procesS; and
5, 1.-5 Oath ot undertakJng tq ·abid~ by the Terms and Con<;litions of the ~i<;;ense,
respectivel_y signed bY the manufacturer/ lo.cal office or agent
5.2.2 Each PS License applfcation l?hall be factory, plant or site-specific and importe·r,
local.offfce or agent-specific. Forfor~ign manufacturers, ·onlyone local importer
pe~lic.e.nse shall be allowed. However,~ speciflc .f actory or plant may.ap·p lyfor
ml,lltiple licenses. As sucn •. a separate PS License appli_t;;ation shall be filed by
importer, local office or agent.
THE NEW TE:CHNICAL REGULATiON CON CERNING THE MANf?A TORY 'PRDpU(:;T Page 7 C)f·~
CERT.Ifi.CA T/ON pF.CifJLD RESTiiA~NT SYSTEM~
established audit proc.e dure. Only recognized auditing bodies in the
BPS. official list may be desi.gnated as. auditors; and
5.2,3.3 Ou.ring the autJH~ samples shall be drawn for all typ~/models per. br~np
of th~ prod!Jc;t to be certifi~d for the·purpose of in.~p.la.nt a,nd in.d.ep~nd~nt.
testing. lnd~pendent testing shall be condu.c ted only· oy BPS-
recognized testing laboratory.
5.2.3.41f there a~e non-9Qnformities not~d during lhe audit, th~ auditors sh~ll
·inform the company and .r equire th.e m to undertake correctiVe actions.
The auditors shall accomplish the non-conformity. report. for the. non:-
conformities observed which shall be acknowledg~d· by·the compan~ls
authorized representati'fe..
5.2.3.5 The company shall implement and. complete the corrective actions
within three (3) months for initial audit and one '(1). month for
surveillance· audit lf the cQmpany fails to iiT)plement tne corrective
actions Within the specified p·erfod, it .sho.uld b.e a ca·u se.for deniaJ of P.S
appli~ation orsuspension ..of the PS Ucense.
5;2.5 The P~ License sfla.ll only L?e Jssued upon s~isfa~ory ev~lue~tjo.n qf the fqctqry
a1,1dit and determination of product conformance ·.to· the sp·ecffic PNS ·Eind
updated version of the product thereof base.d ·Oti pertinent test reports;
. 5.2.6 If the evaluation of the factory audit report showed unsatisfactory ·results, the
PS Licens~ shari not be issuec;l.·Only ·.a fter the re-:-assessfTlelit and subSequent
proouct cqrnpfiance ~hall. the-BPS issue t.l:le.PS lic.ense;
5.2.7 ·The P.S License shal,l be eff~ive from the date of issuance .arid with full force
and effect for a periocrot three {3) years·; subject :to the survemance audits
prescribed herein. PS License· can b~ .suspended. withdrawn or 'cancelle·d· at
any time for :.cau.s~ and after dua p~oc:ess; ·
5:2.8 For renewals, the PS Uc·ense holder shail coordinate with BPS or the DT.i
RO/PO, through written notice, for a schedule of the re-·certification ·audit at
least six (6) months before the·expiration date. Otherwise. the PS License.shall
be considered expired immediately atte(the end period ofi.t s validny.·
5.2~9. In case· of change~ materially affecting the PS Ucenst;} and/or license ho[der's
ability to comply wltll BP.S prodl!Ct c~rtlflcation .requirements, the' license holder
.shall Inform SF'S. ih:Writing.at least. fifteen (15) catendar days .pr!or to the date
the changes Will take. effect. The . notice must include ·a request for ·re-
certification audit: The validity· of the PS Lieense shall be deemed suspended
from the da.te of ch.anges faking effect as indiCated in 'the notice until the rel.eas~
or re--certifiCation audft results. ·Theret;lft~; the ·existing PS ·ucense.shall !Je
consid~red .expired.
5.2.9.1 Changes may include, but shall not be limited to, ·change In
manaQ~ment' .or bus.iness riaine; transfer of plant site; modification of
product qe~ign and/or specifiqatfons.
THE NEW TECHNICAL Rj;GtJLATJON CONGEflNING THE MA~OATOR '( PRODUCT'
CERT/Ff.QAnpN.dF CHILD RESTRAJNT'SYSTEMS .
5.2¥1 o All importers of child re5.traitit systems covered _
by q valid PS License:issu·ed to
a.foreign man~facU.irei' shalt' appl-y for- a ·statement ofO~;mfirmation {SOC.) on a
per shipm~nt>. per Bill of Lading/Airway Bill b~_sis to. ensure. that the :.imported
produqts came from a Vqlid PS Ueense holder company.
63 Tbe importer shall appJy ·for either .Statement or·confii:mation (SOC} for PS 9ertified child
restraint sy$tems or Import Commodity Clearance _ (ICC) for non-PS certiffed child restraint
-systems on a.pershi'pm_e nt ·p er Bill of Lading/Airway Bill basis.. Theduly-accomplished .aod
~ubscribed appliCqtiOtl form shalf !)e. supported by the following:
6; 1.1 For ·-.sole proptl~torship registered. with DTI.: the appli~a~ion sh~ll Qe
accomplished and signed -by the owri~r and_filed by the owner or by a duly·
v e hy Viitu~ of a notarized Special' Pqw~r of Attqrn.ey
authoiized represeritati_
(SPA}; or . .
6.1_.3' Commerclallnvoite;
.6.1:6 OTI :Business Re,gistration Certificate for soie propriete'rship or ~atest SEC
Registration Gertificate and Articles of lhc<:irpor.~ion!.Partnership 'for
corporation/partnership; · ·
6.1.10 Surety-Bond;.
6.1_,11 Copy qf-PS License.for.SOO.applications
6.2.1.1 Th~ applicant -shall submit the' .duly acc.omplished and subscribed
-application form·-and requiremems to the BPS or to the nearest DTJ
RO/PO. .
7Ht;: I\IEW TECHNICAL REGUlATION. .CONCERMNG n-JE MANDA TORY PRODUCT Page 9 ofZ4
CERTIFICATJONf)F CHILD RESTRAINT·s_ys_TE,MS .
6:,2.1.2-Upon-receipt mth.e application and complete.requrrements, a Certificate
of Conditional Release-shall ~e issu$d, subje·c no the conditi_o ns stated
therein. · · · ·
-6:2.1.~ Produc~ im~peGtion sha,li b~ CQnd!Jctec1 by the_ BPS, DTI RO/PO or the
BPS~r~ccgriized . insp~ction _ i:Jddy -at the declared warehouse in
actordanc~. wifh the applicable proviS!ons hereof.. The original
insp.ection ·report_sh;:ill be serit dir~ctly· _
to the·. BPS by t11e BPS-.
re.cognized- inspection Qody within two (2) working· days:from th_e Qate
of inspection.
6,.2.1 .4 If i_nspection shows that ~~e produCt ·shipped is consistent witn th~
importation .d ocuments (e.g. quantity,_product description, markings,
etc.), soc shall be _iSS!-ied _by the aps Bur.eau birei::t9r or his duly
design.ated. representative. -Otherwise, a ·.Show Cause Order shall be
issued and .the provislon·s ·hereto shall·apply.
6~2.1'.5 The BPS shall have·the prerogative to require ·s ampling and testing to
verify the consistent co'nfodna:nce of the- product to th~. standard as
amenqedjupdated 8:5 We_!J as thEl -COITlpliance of the rnanufacturer.t o the
prqvipion~- ofthis Order and otherapplicable rules and ·r.ef)ulations.
6.2.2.1 Processing of application~. under this scheme replaces the ICC Scheme
Linder DAO, 5:.2_bQ8,.subje~t to th~. r~qu!rements·and tr9f1Sitory provision
.stated her,ej(:J,
·s.2.2·:2 Th$ applicant shall -submit the duly ·accomplished and s~bs·cribed
application form and. requirements to the BPS or
to the nearest DTI
ROIPO. .
6.2,2~5 If inspection shows that tl)e product shipped is .~n~_istent with ·the
importatle.n docum~nts, the issuance -of ICC shali .be recommert'ded
suQjed to the satisfactory r.esuit. of testing. Otherwise, a Show Cause
Order shall be issued and the provisions hereto shall ~pp!y,
6;2.2.6 The drawn samples· shall be submitted by _the (;lpplici;l_nt to·· the BP~
reGognized t~sting laboratory within three (3) working_-days from -tbe
date.ofil')$pection and sampling:for the conduct of testing_.
6.2;2. 7 If ·the result' of the test shbws conformance, the.IGC shall be ·ts·sued _by
the BPS. Bureau Dirscfor- or . hi$ dt:.ily ~ Gsi_gnatad represen~tivc,
Otherwise~ th~ provisiqns under R!Jle g·.o f this Order shall apply.
7.1. Inspection and sampling shall be c;onduc~ed by the BPS, DTI ROIPO or the BPS""
r.e~ognized inspectipn body in accordanqe· with e~sting BPs· Inspection and
Sampling Procedure.
7.2.1 For ICC. app)fcatian, two (2) sets pffi;ve (5) pi.eces ·of ch.ild restraint systems p·er
type/model per brand shall be randomly drawn from the shipment at th~
importer's Wc:lreh.ou.se. The firsrset..shall be sent to the BPS:-recognized t~ting
laboratory for testing. The ~econd set .s hall be kept by the importer as reserved
samples.
7.2.2 For PS ·initial,. surveillance or recertification audits, three (3) sets of five. (5)
pieces qf child restraint systems per type/model pet brand shall be randomly
qrawn rrom the manufacturer's production line orwar~house. The first set shall
be· t~sted ln:-p.lant The second.set sh?.lfbe sent:to th~ BPS~recpgnized testihg
lab.o ratory for independent testing upon s~tisfactory re~ultof the in-plant test
The remain.itJQ·set snail be kept" by the manufacturer as rese1'ved sampleS.
7.3.1 The aP$, DTI ROlPO, BPS-recog·niz~d aud.iting/inspection ·boqy., the P.S
appli.eant/licens~ holder~ and rcc
applicant's authorized repres.~ntative shall
ensure. that ·the drawn saTI:~ples are traceable to the particular lot/batch or
shipment-where they were drawn.
7.3.2 Test samples drawn shall ·be· packed/seale(,! ~nd signed in tne presence .. of
~utf:lor.iz_ed representatives from BPS. DTI RO(PO or BPS-re~ognized
auditlng/insp~c;:t!on ·b ody who shalf ·ensufe· that ·.t he R~ues.t for Te.st fo.rm is
p~operly .filled-up and ..signed by the manufacturer or Importer.
7.3.3' The auditor orthe inspector shall ensu.re that tile Reqi.Jestfor Test form together
With the.. drawn ·samples is di.rect~y sui;)mitted to. the BPS-recognized testi'ng
laboratory within thre~ (3): working days from.the dat~ of auditlinspecl1on and
-furnish ·aP$·with a copy thereof within three {3) working days'from submission.
For'foreign-based P.S License holders/applicants·. the auditor .s hall ensure·that
·t he.samples drawn shall be·shipped to the.SPS:..recbgnized testlnglaborato·ry
within three (3) working days from the d(3te Qf audit. ·
7 ;3.4 The SPS-recognii:ed testing laoor~rory shall dopument propf1,:1y the ~ce1pt of
the pro4uct s.amptes to Include b1,.1t not limited to taking . picture~. of·th.e.fortowing:
THE NE;W TECHNI~l. RFEGI,Ji:.ATfON. 'CONCERMNG THE. MANQATORY' PRQDUCT Paga 11 of.24
CERTJF~CATION ·oF CHILl;> R!E_S'rRA.INT SYSTEMS'
8.2. Product testin~ shall be conducted as follows on assembled child restraint
systems:
8.3, To verlfY conformance to th~· aforementioned testin.g r~q~irement~; the t~st methods
presc;ribed :by PNS UNR 44.:20'18 or PNS..UNR 129:~()18, as appllca.b le, shall be
u.s ed. G~::msiderin£ the regular l,lpdating qf· standanjs, the latest edition "Qf the. PNS·
shall be usea as reference. IUs understood that futu~ am·e ndments of. the PNS used
fn this Order shall be effective one (1) year aft~r its promulgation to.provide. ample
tifneto·an stak~holl;ier:s·.t9 adjust an.d conform to the new·requirementS, if any.
8A. For i.niti~l. ~L,JrveiHance or recertificatiQn. audits, samples drawn :shall pe tested In~·.
pl.ant. The manufacturer·.shall have the· testing capability to conduct the minimum
testing requirements suCh as ctmosion, overturning, an·d ·dynamic tests on
assembled .child resttaint systems~ Only' after ·t he re~mlt of in-plant tests .-s hawed
confof1l:lance· to the requirements· of t.t ie standard shall the al!Qitor prepare the
Reque~t for Test for.indep.~ndent testing ~
8".5. The ·drawn sampl.es shall" be test~d by the BPS-recognized testing laborato~y..
8;6. The original test reports shal.l be sent directly"' to the BPS by the: BP&.recognlzed
testi.ng laboratory together with the pjctures of samples a~ received, pictur.es of
~a,rnple~.Showingihe r~quired markings, and ..copy oftne Reql!~st forTest.
R1. tfthe drawn samples showed GQnformat:~ce to ·the stanQard, the PS..Licensl:l or ICC
Certificate shall be issued.
9.2. If the drawn samp!es·faiiEKf-th·e·required testS, the applicant may lihdeiiake any of.the
following opt!on$:
9.2.1. For PS app.llc~h:m: :
9.2 .1.1. Appli~nt requests for testing ofthe reserved. samples or undertake·
eorrective measures·.·If corrective measure was ·undertaken, another
product audit shall be oo.n.ducted. . . . ..
9.2.2~ t. APplicant ·requests for testi~g of the reserv~ samples, ;3t Its qwn
expense;
9;2.2.2·. Applicant exports the shfpmerit back to the country ofcirigin, at .i ts own
exJ)ense, subject to inVentory and rnspectiori py an au!horized
THE NEW TECRNICAL REGULA TlON· t:ONC~NG THE MANDA.TORY PRQDI.JCT Page.12 .of·24
GERnFfCATI0N OF G.HILD RESTRAJNT SYSTEMS
DTi/BPS: reptesentative prior to. the· exportation. Export documents
(i.e~ Bill .of Lading and Import Entry or ai"!Y other.document that will
serVe as proof that the. non-compliant products arnved at the·country
of origin) shall be submitt~. by·the applica·n~ tg the BPS;. or
9.2.2.3. -Applicant destroys the non-conforming products in accordance with
existing rules arid regulations, at it$ o-wn expense, and to be
Witnessed QY ~duly authorized DTI/BPS r~pres~ntative. lnspecti~
and inv~.ntory shall b~ conducted by the DTI/BPS representative prior
to th~ ..actual destruction.
9.2.;3.2: The importer or manufacturer at its own ~xpense, shali either export
tq the country of origin or destroy the non-confo~ming product in the
presence of DTI authorized r.epresenfative and other relevant
government agencieslal,rthorities f~ accord~nce- wjth e.xisting ·tutes
a.nd re_g ulanons within nin~ty .(90) d<ws f~om the notice. of rejection qf
shipment, lot Qr batch .
9;3. If the test .results of ·th'e reserved samples show conformance, PS licens·e . or· ICC
Cerflfi~ta .shall be issu'e d. Otherwise, the application shall be denied and/or the PS
License shall be-suspe·n ded. Only. aff~r the r8-assessmerit an.d ·suQ5equent product
compliance shall the BPS lift.the suspension of,ne PS Uc~nse.
For traceability and verification purposes, the required marklngs for·manufactured or imported
child ~estrafnf systems shall be available at aU ·times for verification by··the BPS and OTt
RO/PO, their authorized repr~sen~ives, and by tht:l.duly authoiizeq enfo~c~ment teams either
at the manufactur.ei's/irnporter's warehouse or traders'/distributors'/retallers' warehous:e; if
applicable.
10.2. On packaglhg
102.1- Trade name.oi:' brand narn.e
10.2.4 Duly regist~r.ed ~trademark
1 0.2.'3 Duly registered business name and addres& of man{Jfacture r and
Tfll! NEW' TECI-INicAL REGULAr/ON CON CERNING THE. MA_f'JDA-TORY PRODUCT ·:Page 13 of 24
·cER.TIFtCATION.OF Clilto RESTRAINTSYSTEMs .
importer (i(imported) or duly reg.i stered business name arid address ·. of
manufa~urer (if locally manufaCtured);
In Ule .a~en.ce of any of the required markings or submission of inGampfete: marking~•. th~
appiic~tion for PS L!c~n.se, SOC, or ICC shall not be ·processed ~ntil such .tim a· that the
required markings are submitted or corrected.
11 .2. Any CAB that intends to be r~cogniz~ shali accqmplish the BPS Recognttlon ·
App.lic.atiqn Fqrm together with the foUpwi!19"
1'1:.2.2. Certified T,rt.ie ,.Copy of.the .Artij::les of lncorpor?~tion . For foreign CAB, af.l
.incorpor-ati~n .dpcuments shall. be auth~nticated by the Philippine
Cons~tate offic~. 'The .autbentication requirement may be waived · subject
to reCiproc~y agreem·ent; ·
11.'2.3. List of authorized signatories indicatrng their company position .and the
correspPnqlng specimen signature; .
11.2.tk. An u.nd~~king to abide by ·the:terms· and conditions of the recognition.
11.3. i=or foreign: CABs, the application shaU be submitted by the loc;::at
office/representative age·n cy to ensure ..~cc0untability. Applications of ,f oreign
CABs with no local office/repre§.entative agency shalll:le deni.ed.
11.5. The SPS may, .~t any time, ·qonduct full verification of the competence:of the ·CAS
to perform the conformity assessment activitie~.
The PS License ho.fders arid importers shall.abide.by tile following terms al")d conditions:
Conl)i~tently ab.ioe. by RA 4109, E;O 133: 1987', Eo 913: 1983 and R.A 7394 and-
their implementing rules and reg.ulatioos, and ol'ders which the· BPS issues ·in
pursuanc~ with ·its authority under :the law.
Ensure that the certifi~d product confQrri1S at all ·timea to applicable standard. as
am.andeQ/4pqated an~ 'its implem~ntil")g rules and. reg~lati'ons.
12.3, Warrant that it has the· authority to use the brand name, trade name. and
tr;3demarks indicated In the application form. ·
1 2 .4_ Be..held l ia.l:>le fo~ any ~an1a9!i'.s that il~. _p,.aduct misht. cause to tt'Jeir con sum.en;.
1-2.6. E_st~b.lis~ and m~intaln systems· of prod.uct recaU and. of .addressing complaints
filed .by its clients or customers .concerning·its certified.products, alid shall maintain
records thereof:
12.7. ~.ive duly-authorized represenlatives ofth.e BP$ or DTI RO/PO or, fn the. case of
foreign qompani~, .BPS or BPS·~ecognized CABs, full access to the premises
whe.re the certified product is. manufactured/assembled/store£1; to relevant
equipment. records, personnel a·nd subcontraGtors for purposes. of irwestigating
·complaints ·or evalue~ting consistency O.f .c¢mpliancewith the requirements of this
technical:re_g.ulation;
12.8. Me~intain a record of all complaints made known to itJ relating to tompliance with
oertification · requirements. and make these reeords available to BPS itsor
authorized representative/s when requested; take· appropriate acfio.n with r~speCt
to such complaints abd any defidencl.es found affecti.ng st.,~ch· prod.uct's
conformahc;;e to ttie requirement!? for certification: a.n~; docu.meritthe action .taken.
subjeGtto v~iifi.caHon bylh~ BPS -or its ao~horized representative/s.
12.9. Submit itself ·to surveillance activities: fu ensure consistent complia_rice wtth the
BPS requirem~hts . of the Product ·c ·ertlficatiori .S cheme. ·
1-2:~10. In case o~ subo(intr:acts-. sh;:lll aseume fi,Jll responsi~lrtty for its sub-assemblies'.•
semi~finlshad and finished products' conformance to fue·specific requltements.
1~. 11. Inform 6PS in writing of any phang_ e s.that will materially affect its PS License and
its ability te comply wlth·BPS product certification requir~ments at 1:east fifteen (.15)
calendar d~ys. prior to the ·date 1he.cha'ngerwill be; made, such as, bufnot limited
·to cha.ng·~ in IT)anagement; business name, addition of brand name, modification
of prod1,.1ct's de.~lgm~ a.nd specifications and/or transfer-of planfslte·~
1.2.11.1 If the change· involves addition of brand name and modification in th~
product's desi_g n .or ·specificat!orrs, BPS :shall facilitate the corj(,luct Qf-
appro·priate:product certi.fication..aci:ivity;_ .
12::12. Pay the applicable fees.and other charges as billed (.)r·sttpu.l ated by BPS. its duly
·recognized inspection and/or certification bqdi(;)s ..
12.13. Any ii)corre9t. .refer~mces· to. the certification scheme; .mrslead.ing use of PS
Llcense,·soo. marks.or any other mechanisms indicating that a product is certified
found In documentation or publicity materials or .any breach hereof, sh~ll be a
~round for the:issua.rtce. of Show C~us.e Order.
Any infractions of the foregcifng shall be. a ground for the suspension~ withdrawal or
cancellation of the license. · ·
The SOC/ICC applicants -and holders shall abide by the following terms -ah.d condiijons:
13.1. Consi·s.tently abiqe·by RA41o~. EO "133.~ 1987, EO 91-3: 1983-and RA 7394 ahd
their implementing rvl~s and reg!Jiatlpns, and orders. which the BPS issues "in
·p ursuance witli its authority .un.dsr law,
13. 2. Give ·duly-~uthorized repr-eSentatives of the BP.S or OTt" ROiPO. -or BP~~
recognized inspection bodies full access during working· hours to the. declared
warehouse for the purpose of inspection, s~mpling and inventory,
13.. .3.. SOC/fCC ·A-pplicant sh.all abide by the .conditions stipulated in the Certificate of
Condition~al Releas·e issued by BPS. ·
13: 4. Ensure thi:lt the· certified.product. cpnform$ at .all tjme~ to a.pplicab.le standard as
amend~o/upd~ted and its irnple.~en.ting ·rules and .regulatiorns.
·1:3. 5; Be held liable for any ·.damages that its .Product might. cause··t o their consumers.
13. 6. The ICC Mark sh<;~ll not be affixed on any prodUcts nor covered by the ·IcC
Certifica~ issue~ by-BPS,
13. 7~ The SOC/ICC Certificat~/M~rk shall nqt be used ill.. any misleading manner.
tj. e. .Estab.lish .and maintain a .system of product recall ·a·n d of addressing complaints
filed by its clients or customers con·c erriing its :certified prodt:icts, _and. :Shall
maintain records there,of. · ·
13. 9. ·p~ythe applicable fees and charg~s..as "billed· or stipulated by BPS, DTI RO/PO,
and/or BPS-recognized 1nspectiot:i"bodies. · ·
Ariy infractions of the· foregoing shall constitute 'sufficient" grm~nds fqr the ihstitlitloo .of
administrative· s~ctions/fines against the SOC/fCC·applican~holder.
14.1. A SHOW CAUSE ORDER -shail be iss~~d by BPS or DTI~RQ/PO giVing the PS
License holder or"~e imp_ort~r· opp-ortunity·to .explain why its St.Jrety B.ond·shall -not
be forfeited in·favor of DTI and/o.r why a formal charge shall not be ·fite·d. This.may
include a CEASE AND. DESIST ORDER addressed "to the ownl;lr/man~ger or "ttre
authorized represe·ntative of" the company eon~med, to ·r~(rain from supplYing,
distfibutina. selling or displa yln_g for sale the pr:oducts s ubject t her c:;;o( untii ~U(;h
time that the S,ho:w-Caus.e Order i$ lifted.
Pci~e 16 of 24
- - - - - - -- - - -- - - -
14.2. If the explanation to the Show Cause Order is not acceptable, the BPS or DTI-
RO/PO shall direct the manufacturer and/or importer concerned to submit a sworn
affidavit undertaking to do the following as directed whichever is applicable:
14.2.2 Effect a full product recall to account such products that are already in
circulation through publication in a newspaper of national circulation,
giving the public a period of thirty (30) days from publication within
which to return subject products. The product recall shall specify the
basis or ground therefor. The manufacturer/importer/distributor shall
keep BPS informed in writing on the progress of the recall. Such
publication shall include a NOTICE warning the public that the product
subject thereof is not compliant with the safety and/or quality
requirement; and
After the product is declared by the BPS to be non-conforming, the BPS shall immediately
notify the manufacturer and/or importer. The manufacturer and/or importer shall within fifteen
(15) days from receipt of notice implement product recall in accordance with the following:
15.1. The recall order shall be published in a newspaper of general circulation for at least
two (2) consecutive Saturdays/Sundays;
15.2. The layout, content, font and size of the recall order shall be prescribed by the BPS;
15.3. The recall period shall be for a minimum of thirty (30) days from date of the second
publication;
15.4. Proof of publication of the recall orders shall be submitted to the BPS or the DTI
RO/PO;
15.5. Inventory of the recalled products shall be submitted to BPS or DTI RO/PO;
15.7. The manufacturer and/or importer shall compensate parties availing of the recall
order.
16.1. All corresponding fees, charges, costs, and other related expenses shall be for the
account of manufacturer/importer.
16.2. Fees and charges to be paid by the applicant in accordance with Annex A shall be
as follows:
16.3. For imported child restraint systems, a Surety Bond amounting to One Hundred Fifty
Thousand Pesos (PhP 150,000.00) shall be posted on a per shipment, per Bill of
Lading/Airway Bill basis.
16.4. Any violation of the terms and conditions of the Product Certification Scheme shall,
upon notice, result in the motu proprio forfeiture of the bond based on the non-
conformity or non-compliance stated herein.
17.1. A Show Cause Order shall be issued against a manufacturer or importer who fails
to comply with legal and technical requirements or whose product/s failed to
conform to such requirements, unless the manufacturer or importer can justify under
oath that the non-conformity is correctible and/or the non-compliance is negligible.
17 .2. A Cease and Desist Order may be issued simultaneously with the Show Cause
Order directing the manufacturer and/or importer to refrain from selling, distributing
or disposing the products in any manner.
17.3. Any violation of the Terms and Conditions of the Certificate of Conditional Release
and/or provisions of this Order shall, upon notice, result in mota proprio forfeiture of
the surety bond.
17.4. Pending resolution of the Show Cause Order involving a particular shipment,
applications filed after the issuance of the Show Cause Order by the same importer
may be processed, provided, a sworn undertaking to abide by the decision on said
Show Cause Order shall be submitted prior to the issuance of the necessary
Certificate/License for succeeding application/s.
18.1.1 That the product bearing the PS Mark failed to conform to the requirements
of the applicable PNS as amended/updated;
18. 1.3 That the licensee failed to comply with the terms and conditions of the
license:
18.1 .5 That the licensee violated any of the provisions of this Order;
18.1 .6 That an Order of Execution vis-a-vis a decision finding the licensee liable for
violation of a trade and industry law/s or rules and regulations directing BPS
to suspend/cancel or revoke the PS License issued in favor of said licensee;
18.2. The license shall be suspended, recalled, withdrawn, cancelled or revoked after the
BPS Director has served the licensee a notice of his intention to do so, stating
therein the grounds for the contemplated action, granting the licensee the
opportunity to be heard within fifteen (15) days from the date of notice.
18.3. If there is a final finding that a product does not conform to the specified technical
requirements, the license shall, upon mere notice be immediately suspended,
withdrawn, recalled, cancelled or revoked.
18.4. Notwithstanding the preceding provisions, the BPS Director may direct that a Formal
Charge be filed against the party concerned pursuant to EO 913 Series of 1983,
DAO No. 7, Series of 2006 and DAO No. 2, Series of 2007 and /or its future
amendments.
19.1 . BPS shall implement a system of handling complaints/appeals related to the product
certification process.
19.3. In case the motion for reconsideration is denied, an appeal may be filed with the DTI
Secretary within fifteen (15) calendar days from receipt of denial of the motion for
consideration. The appeal shall be based solely on grounds of grave abuse of
discretion amounting to lack or excess of jurisdiction committed by the official who
rendered the decision.
19.4. The filing of a Motion for Reconsideration shall suspend the period to file an appeal.
The following acts are hereby declared prohibited, in addition to those listed in DAO No. 2,
Series of 2007 and its future amendments, viz:
THE NEW TECHNICAL REGULA T/ON CONCERNING THE MANDATORY PRODUCT Page 19 of 24
CERTIFICATION OF CHILD RESTRAINT SYSTEMS
20.1 Use of the Product Certification Mark in any misleading manner;
20.2 Sale, offer for sale using over the counter or on-line mode or any form of
advertisement of any child restraint systems not complying with the particular
technical regulation or corresponding standard;
The following shall be imposed upon any manufacturer, importer, recognized testing
laboratory/facility, or any other person or entity found in violation of any provision hereof after
due process, as may be appropriate:
21.5 Any other sanctions or penalties as provided under existing DTI rules and
regulations.
22.1 Tested samples which complied with the requirements of the standard as well as
the unused samples shall be retrieved by the manufacturer/importer within fifteen
(15) days from receipt of notice of retrieval from the concerned testing laboratory,
copy BPS. If the importer/manufacturer fails to claim the samples after the said
period, the testing laboratory shall, with due notice to BPS and the
manufacturer/importer, dispose the samples in a manner deemed appropriate in
accordance with existing accounting and auditing ru les.
22.2 Samples which fail to comply w ith the specified requirements shall be stored for at
least six (6) months in the laboratory to ensure their availability in the event the
importer/manufacturer contests the result of the test including those subject of
litigation.
BPS may issue such procedural guidelines as may be necessary in the implementation of this
Order .
THE NE'N TECHNICAL REGULA TION CONCERNING THE MANDA TORY PRODUCT Page 20 of 24
CERTIFICATION OF CHILD RESTRAINTS YSTEMS
Rule 24. REPEALING CLAUSE
If any term or provision of this Order should be declared illegal or invalid by a court of
competent jurisdiction, the remaining terms and provisions thereof shall remain unimpaired
and in full force.
26.1. All brand new child restraint systems imported into the Philippines prior to the
effectivity of this Order and are currently in the possession of the importers,
distributors, or retailers may be certified by the BPS as per Rule 6 of this Order within
t\~e!ve (12) months from the effectivity of this Order.
26.3. Meanwhile, in lieu of product testing, the importers shall warrant that the child
restraint systems they import into the country conform to the standard through the
following:
26.4. It is understood that the requirements stated in Rules 26.2 and 26.3 of this Order shall
cease to be implemented once a BPS-recognized testing laboratory is available.
This Order shall take effect upon fifteen (15) days after its publication in a national newspaper
of general circulation, a copy of which shall be submitted to the UP Office of National
Administrative Register.
THE NEW TECHNICAL REGULATION CONCERNING THE MANDA TORY PRODUCT Page 21 of 24
CERTIFICATION OF CHILD RESTRAINT SYSTEMS
Recommended by:
A TH B. CASTELO
Director, Bureau of Philippine Standards secretary, CPG
Approved:
RAMO
Se
THE NEW TECHNICAL REGULA T/ON CONCERNING THE MANDA TORY PRODUCT Page 22 of 24
CERTIFICATION OF CHILD RESTRAINT SYSTEMS
ANNEX'"A'"
B Testing Fee.
As charg~d by Designated BP$:-Rec.ognized Testing
Testing Laboratory Laboratory
As charged by Freight
9 Freight Charges of Samples Fr~ight Forwarder
Forwarder
As Per Official Receipts I
1.0 Market 'Sample Manufa~turerJtmporter
Sales Invoice
TilE NeW i:ECHNICIJ,L REG/Jl.A tiOIII CONCERf\t1NG THE MANCJA·TORY PROdUCT Page· 23 of-2-4
CERTIFICA710N·OF CHCLD RESTRAINT SYSTEMS
TABLE·1A: SIZE OF ESTABUSHMENT
Ptoces$ing ·fee (d~pends on the val~e of the batch being ·applied for SOCJiCO)
liwoice/batch value up to
Php 5,000.00
. Php 500,000-.00
lnvoic~/b(itcn value fr.o.m
Php 500,001 .00 .to Php 7,500.00 DTI
Phr.r t.ooo,ooo.oo
'Invoice/batch value abov~
:Php 1,00.0 ,000.00
Php 1o,ooo.oo
As ch~rg~d py'the DTI/ Designated
.lnspe¢ion·Fee DT.I/ BP$ o:esignqted
lnsp~ction· Body
Inspection Bddy
As per arran·g ement DTI I'Oesignated
Transpo~tion
(jt necessary) lhspectiqn ·Bo.d'y·
As.charged by the
BPS--Recognized
Testing Fee BPS~Recognlzecl'
Testing Laboratory
Te~ti,ng ·Labora,tory
As,.charged by Freight
Freight charg~s of l;>ampl~s freight Fatwarder
Forwarder
As per·Official
Market. sample ReceiptsJSales ~~~faoturerfJm_porter
liwoice
Note.s:
•!- Original and Annil~l License Fees cfepend on the sf~~ of establishin~nt as s:tfpulated.
on Ta/JI~ 1A ht::roin.
<· The S.chedt.~le of Fees and .Charges in this DAO we.re adopted from .DAO '4:2008 and
DAO 5;2008: .