The Department of Trade and Industry - Bureau of Philippine Standards (DTI-BPS) has issued Memorandum Circular (MC) No. 21-20, Series of 2021 providing supplemental guidelines for the implementation of DTI Department Administrative Order (DAO) No. 20-03, Series of 2020 or the Technical Regulation concerning the mandatory product certification of Child Restraint Systems (CRS). This MC addressed the issues raised by several CRS importers, distributors, retailers or manufacturers concerning available international standards other than those specified in DAO 20-03, Series of 2020. Under DAO No. 20-03, s. 2020, manufacturers and importers of CRS are required to secure the Philippine Standard (PS) Safety Certification Mark License or the Import Commodity Clearance (ICC) certificate prior to selling or distribution of their products in the country. The regulation ensures that all CRS available to local consumers meet the safety requirements prescribed by the DTI-BPS.
MC No. 21-20 has set the deadline for the certification of the remaining brand-new CRS imported prior to the effectivity of DAO 20-03 that are still in the possession of importers, distributors, or retailers to only until 07 August 2021. For all uncertified CRS covered by DAO 20-03 which have been bought and in the possession of the consumers, the CRS owner must secure a clearance from the Land Transportation Office (LTO) in accordance with Section 13 of the Implementing Rules and Regulations (IRR) of Republic Act No. 11229 or the “Child Safety in Motor Vehicles Act”. By 08 August 2021, all CRS in the local market should bear the PS License Mark or ICC Sticker as market monitoring and enforcement shall commence on this date.
The new MC also provides that in order to be granted the ICC Certification in the absence of a BPS-recognized testing laboratory, the importers, distributors, or retailers of CRS are required to submit the following to warrant the compliance of their CRS to the standard: (a) supplier's/manufacturer's declaration of product conformity; (b) copy of valid test report for each type/model per brand of imported CRS issued within two (2) years from the date of filing of the application by a testing laboratory accredited by an accreditation body signatory to International Laboratory Accreditation Cooperation (ILAC) or the Asia Pacific Accreditation Cooperation (APAC) Mutual Recognition Arrangement (MRA); and (c) copy of valid ISO 9001 Certificate of the manufacturer issued by a certification body accredited by an accreditation body signatory to ILAC/APAC MRA.
Moreover, the MC specifies the following standards to verify the conformance of the testing requirements prescribed in the DAO: (a) PNS UNR 44 – Uniform provisions concerning the approval of restraining devices for child occupants of power-driven vehicles "Child Restraint Systems"; (b) PNS UNR 129 – Uniform provisions concerning the approval of Enhanced Child Restraint Systems used on board of motor vehicles, and their future amendments; (c) FMVSS 213 – Federal Motor Vehicle Safety Standard - Child Restraint System; or (d) Other related international standards that have tests equivalent to dynamic tests, overturning test and corrosion tests, as prescribed in Section 8.2 of DAO 20-03, s.2020.