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International Trade and Customs Newsletter – December 2020

INTERNATIONAL TRADE AND CUSTOMS NEWSLETTER

COMMENTS TO MOST IMPORTANT REGULATIONS

Act that addresses the practices of circumvention of anti-dumping and countervailing duties was adopted

On December 12, 2020, Law No. 31089 was adopted – Act that addresses the practices of circumvention of antidumping and countervailing duties and that aims to effectively counteract the distortions in the market caused by the circumvention of such duties, guaranteeing a greater balance in the process of Peru’s insertion into world trade.

This Act defines the practice of circumvention as any circumstance involving a change in the pattern of imports in order to evade or avoid the payment of anti-dumping or countervailing duties which were imposed to correct the said distortions which are detrimental to the domestic industry.

The aforementioned Act empowers the Commission of Dumping, Subsidies and Elimination of Non-Tariff Trade Barriers of Indecopi to extend the application of the anti-dumping or countervailing duties on imports of a product similar to the product under investigation, either from a third country or customs territory, or parts thereof, where a practice of circumvention of the definitive duties is established.

The regulation also regulates various procedural aspects for the initiation of the examination procedure for circumvention practices by the aforementioned Commission.

The Act under comment has been in force since December 13, 2020.

Procedure “Authorization and categorization of foreign trade operators” was amended

Through Superintendence Resolution No. 000226-2020/SUNAT published on December 31, 2020, the specific procedure DESPA-PG.24: “Authorization and categorization of foreign trade operators” (version 4) was amended.

This Resolution amended certain provisions related to the segmentation of foreign trade operators based on the volume of their customs operations and the weight assigned to infringements, for the purpose of measuring the level of compliance with their customs obligations. Likewise, it provided that for the measurement of annual compliance in the year 2020, customs infringements shall have a weight of 0%.

The rule under comment has been in force since January 1, 2021.

Ratify and provide for the execution of the “Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, on the one hand, and the Republic of Colombia, the Republic of Ecuador and the Republic of Peru, on the other”

Through Supreme Decree No. 061-2020-RE published on December 30, 2020, the Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, on the one hand, and the Republic of Colombia, the Republic of Ecuador and the Republic of Peru, on the other hand, was ratified and adopted through Legislative Resolution No. 31099 which was published on December 29, 2020.

In addition, Supreme Decree No. 11-2020-MINCETUR provided for the execution of the aforementioned Trade Agreement from December 31, 2020.

Amendment of “Extinction of Payment Debts” Procedure

Through Superintendence Resolution No. 000216-2020/SUNAT published on December 13, 2020, the specific procedure RECA-PE.02.01: “Extinction of payment debts” was amended in order to enable the possibility of paying customs debts with the funds deposited in the withdrawal accounts through SUNAT Online Operations in “My Confirmation of Payments and Payments service”, using the user code and SOL password.

The rule under comment has been in force from December 14, 2020.

Version 2 of the general procedure: “Tax Claims” was adopted

Through Superintendence Resolution No. 000215-2020/SUNAT published on December 11, 2020, version 2 of the general procedure RECA-PG.04: “Tax Claims” was adopted, which is intended to regulate various procedural aspects related to claims filed against acts of a customs tax nature and/or sanctions issued by the Customs Administration.

The rule under comment has been in force from December 12, 2020.