Basic information
Outline of the system
Pursuant to Executive Order No. 245 of 1987, the National Tobacco Administration was mandated to promulgate and enforce rules and regulations on the production, standardization, classification, grading and trading of leaf tobacco, tobacco products, and other tobacco related supplies, materials and ingredients, and for other purposes as may be necessary to attain its purposes and objectives and to pursue the policy of government on tobacco.
Product coverage
Importers/applicants are required to secure an Authority to Import (ATI) as a “license” to import which is valid within a year. Likewise, importers/applicants are also required to apply for an Import Commodity Clearance (ICC) which is required for every importation of the products enumerated below:
See Products - "Leaf tobacco, tobacco products, and other tobacco related supplies, materials and ingredients"
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic licensing to protect human, animal or plant life and health; protect environment
Products under restriction as to the quantity or value of imports
The ATI and ICC are required to keep strict and constant control over the importation of manufactured tobacco, unmanufactured tobacco, other tobacco related materials, flavourings, spare parts, E-cigarette and E-liquid, (transferred to DTI and BFAD) to at least minimize manipulation and misdeclaration.
Questions for products under restriction as to the quantity or value of imports
For quota products: Not applicable.
The system applies to products originating from which country?
The requirements apply to goods originating from all countries and the prospective importers decide from what country they wish to import goods.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
The requirement is covered by the NTA Amended Rules and Regulations Governing the Exportation and Importation of Leaf Tobacco, Tobacco Products and Other Tobacco Related Materials and Ingredients and Memorandum Circular No. 002, series of 2018 pursuant to the regulatory powers vested under Executive Order No. 245 dated 24th of July 1987.
Exemption in the filing of commodity clearance for exportation/importation/transshipment of certain maximum volume of tobacco products/E-cigarette/E-juice for personal consumption under Memorandum Circular No.003, Series of 2019 - Annex A - Tobacco Commodities;
Exemption in the Filing of Commodity Clearance for Exportation/Importation/ Transshipment of Tobacco Free Products Whether for Personal Consumption or For Sale/Distribution under Memorandum Circular No.004, Series of 2019;
Memorandum Circular No.002, Series of 2020 - Guidelines and Procedures in the Application, Processing and Issuance of License to Import/Export and Import/Export/Transshipment Commodity Clearance (ICC/ECC/TCC) Through the Tradenet.Gov.Ph, Further Amending For This Purpose the NTA Export/Import Rules and Regulations;
Memorandum Circular No.001, Series of 2022 - Amendment of Memorandum Circular No.002, Series of 2020, Revising the Monitoring, Regulation and/or Evaluation fee for SNUS/Nicotine Pouch Tobacco Product.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
For restricted licensing system, any person of legal age and having the legal capacity to enter into a contract, a corporation, partnership, company, cooperative, or any other juridical entity, and duly licensed to manufacture/sell/distributed tobacco leaf and tobacco products, may apply with the NTA for the issuance of an Authority to Import tobacco leaf, tobacco products, other tobacco related materials, ingredients/flavourings and spare parts.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
National Tobacco Administration (NTA) - Regulation Department
Address
1184 Ben-Lor Bldg. 4th Floor Quezon Ave., Quezon City, Philippines
Telephone
(02) 8372 3178/8372-3186
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
National Tobacco Administration (NTA) - Regulation Department
Documentation requirements
What information is required in applications?
Likewise, below are the requirements in applying for the ICC:
(a) Name, address, and telephone number of the importer/applicant;
(b) Name and address of the consignee;
(c) Name of the shipper;
(d) Country of origin;
(e) Description, Class, Grade, Quantity in terms of kilos/cases and value (FOB) of the commodity.
What documents is the importer required to supply with the application?
Below are the documentary requirements in applying for ATI, which are as follows:
(a) Application Form (NTA-RD-F-016) properly accomplished;
(b) Information Sheet of Applicant (NTA-RD-F-002 rev 02);
(c) Names of company officers, their designation and nationalities; and, official designation of authorized representative/s to apply for a Permit and/or Commodity Clearance, signed by the Corporate Secretary or Owner/President;
(d) DTI Certificate of Business Name Registration for Single Proprietorship, or Articles of Incorporation & By-Laws or Articles of Partnership, for corporations or partnerships; (if new)
(e) Copy of Latest Income Tax Return and/or Audited Financial Statement;
(f) Bureau of Internal Revenue (BIR) Certificate of Registration;
(g) Certified Photocopy of the latest Mayor’s Permit issued by the Municipality/City where the business is located or Certification as a Registered Locator for applicants operating within PEZA-register or Freeport Zones and/or proof of payment of fees to the concerned agencies if the permit/certificate has not been issued;
(h) Photocopy of preceding year’s Authority to Import/License Manufactured and Unmanufactured Tobacco/Other tobacco related materials/ingredients or flavourings/Spare parts. (Renewal).
These documents shall be filed with other import documents such as; Purchase Invoice, Bill of Lading, and other pertinent import documents as may be required of the Bureau of Customs (BOC), the Department of Trade and Industry (DTI), and the Bureau of Internal Revenue (BIR).
Window of submission of an application
How far in advance of importation must application for a licence be made?
The application for the ATI can be filed at any given time at any working day of the year, while the ICC must be filed at any working day at least three-days prior to the loading of the imported commodity.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Please refer the answer to item (a) above
Issuing the license
Can a licence be granted immediately on request?
Depending on the urgency of the request, the ATI and ICC can be granted immediately.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The application for the ATI can be filed at any given time at any working day of the year, while the ICC must be filed at any working day at least three days prior to the loading of the imported commodity.
Which administrative body is responsible for approving application of licences?
Applications are handled and processed by the Regulation Department of the NTA, Scout Reyes corner Panay Avenue, Quezon City.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
Not applicable.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes
What is the amount of the fee or charge?
Below are the fees which the importer/applicant has to pay for the ATI and ICC:
| Authority to Import - | P16,200.00 |
| Import Commodity Clearance | |
| Processing Fee - | P2,400.00 |
Monitoring fees:
1. Monitoring, Regulation, Supervision and/or Evaluation of the Commodity – The following monitoring, regulation and/or evaluation fee for tobacco leaf, tobacco products, other tobacco related materials, spare parts and ingredients:
a. For Legitimate Local Manufacturers Not Buying Locally Grown Leaf Tobacco:
a.1 Manufactured Tobacco
| a.1.1 | Export | |
| a. | Cigarette/HTPs | PhP12.00/case |
| b. | Cigar | 0.12/pc |
| c. | Snuff/Cheroot/Chewing and the likes | 0.12/pc |
| d. | Other Tobacco Related Materials, Supplies and Ingredients | 0.10/kilo |
| a.1.2 | Import | |
| a. | Cigarette/HTPs | PhP 30.00/case |
| b. | Cigar | 0.24/pc |
| c. | Snuff/Cheroot/Chewing and the likes | 0.24/pc |
| d. | Snus/Nicotine Pouch | 0.003/pc |
| e. | Other Tobacco Related Materials, Supplies And Ingredients | 3.00/kilo |
a.2 Unmanufactured Tobacco
| a.2.1 | Export | |
| a. | Raw Leaf | 0.12/net kg |
| a.2.2 | Import | |
| a. | Raw Leaf | 1.02/net kg |
| b. | Partially Processed Tobacco | 3.60/net kg |
| c. | Unmanufactured & wholly and/or partially processed leaf tobacco | 0.30/net kg |
| d. | Legitimate Local Tobacco Products Mftr/Processors who are not buying locally produced tobacco | 0.30/net kg |
b. For Legitimate Local Manufacturers/Traders Buying Locally Grown Leaf Tobacco
b.1 Manufactured Tobacco
| b.1.1 | Export | |
| a. | Cigarette | PhP 12.00/case |
| b. | Cigar/Snus/Snuff/pipe/chewing/and the likes | 12/pc |
| c. | Other Tobacco Related Materials, Supplies and Ingredients | 0.10/kilo |
| b.1.2 | Import | |
| a. | Cigarette/HTPs | 12.00/case |
| b. | Cigars/Snus/Snuff/Pipe/Chewing and the likes | 0.12/pc |
| c. | Other Tobacco Related Materials, Supplies and Ingredients | 0.10/kilo |
c. For PEZA Locators
c.1 Manufactured Tobacco
| c.1.1 | Export | |
| a. | Other Tobacco Related Materials, Machine/Spare parts and Ingredients | PhP 0.10/kilo |
| c.1.2 | Import | |
| a. | Cigarettes | PhP 12.00/case |
| b. | Other Tobacco Related Materials, Machine/Spare parts and Ingredients | 0.50/kilo |
c.2 Unmanufactured Tobacco
| c.2.1 | Import | |
| a. | PEZA-registered locators (semi-processed) Excluding local manufacturers | 0.60/kilo |
Inspection fees:
The following fees shall apply for commodities subject for inspection, to wit:
|
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DESTINATION/INSPECTION SITE |
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INSPECTION FEES
|
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1. |
Subic Bay Freeport Zone |
- |
PhP |
5,750.00 |
|
|
2. |
Clark Field Economic Zone |
- |
|
4,750.00 |
|
|
3. |
Bacolor, Pampanga |
- |
|
4,600.00 |
|
|
4. |
Cavite Economic Zone |
|
|
|
|
|
|
a. |
Dasmariñas, Cavite |
- |
|
2,850.00 |
|
|
b. |
Rosario, Cavite |
- |
|
2,800.00 |
|
5. |
Laguna |
- |
|
3,400.00 |
|
|
6. |
Parañaque/Pasay/Las Piñas |
- |
|
1,300.00 |
|
|
7. |
Manila |
- |
|
1,300.00 |
|
|
8. |
Quezon City |
- |
|
1,300.00 |
|
|
9. |
Rizal/Pasig/Marikina |
- |
|
1,700.00 |
|
|
10. |
Camanava Area |
- |
|
2,000.00 |
|
|
11. |
Manila Airport |
- |
|
2,700.00 |
|
|
12. |
Antipolo* |
- |
|
1,300.00 |
|
|
13. |
San Miguel, Bulacan |
|
|
3,200.00 |
|
|
|
|
|
|
|
|
|
Surcharge for rescheduling of previously confirmed inspection |
|
|
1,000.00 |
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Photocopy |
- |
P |
2.50 per page; and |
|
|
|
Printing |
- |
P |
5.00 printing per page |
|
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issuance of ATI and ICC.
Please refer to https://www.nta.da.gov.ph for further information.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Are the reasons for any refusal given to applicants?
In the event of denial or disapproval of an application for Authority to Import, the applicant is informed of the reason for such disapproval.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event of denial or disapproval of an application for Authority to Import, the applicant is given the opportunity to complete all the requirements.
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
Please refer the answer to item (a) above.
What documents are required upon actual importation?
The ICC is the required document to undertake the importation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Not applicable.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Authority to Import is issued to importers which is valid within the Calendar Year of issuance and in all cases renewable upon written application by interested parties. For products that fall under the DTI-BPS' product certification schemes, licenses under the Import Commodity Clearance (ICC) are valid per bill of lading only, while licences under the Philippine Standards Safety and/or Quality Licences (PS) are valid for a three-year period subject to annual surveillance audits.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of the ATI and ICC. Penalties are imposed in cases of violations of mandatory provisions of the Import Rules and Regulations.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Authority to Import and ICC are made in the name of the importer/applicant only and are non-transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.