Amendment of the procedure “Valuation of goods according to the WTO Value Agreement”
Through Superintendence Resolution No. 000198-2020/SUNAT published on November 16, the specific procedure mentioned above was amended, which establishes the guidelines to be followed in order to verify and determine the customs value (basis of calculation of import taxes) on imports.
The amendment is based on the adaptation of this procedure to the provisions of Supreme Decree No. 193-2020-EF (which amended the Regulations for the Customs Valuation of Goods) in relation to the new parameters for the calculation of the “reasonable doubt” period (questioning the declared customs value), the definition of price indicators for comparative purposes the value declared by the importer, etc.
We have also sought to adapt this procedure to the use of the Virtual Table of Parties-SUNAT (MPV), and to the submission of documents by electronic means.
The main amendments include:
i) As regards transfer prices, value studies are included as a valid means of verifying the declared customs value.
ii) It is indicated that the term for the importer to sustain the declared value may be counted from the day following the acceptance of the guarantee referred to in Article 12 of the Customs Valuation Regulation, when the guarantee has been submitted by the importer.
iii) In case of a transaction with deferred payment, it is stated that the importer must document that the transaction involves a payment with such characteristics and specify the date or term in which the total payment for the goods shall be made.
iv) When the temporarily exported goods are reimported after being further refined (repaired, processed or transformed) abroad, in application of the customs valuation method of the “last resort”, any additions or deductions that may be applicable (royalties and license fees, sales commissions, etc.) shall be made to the resulting base price.
Implementation of Decision No. 7 of the Free Trade Agreement between Peru and Chile
Through Supreme Decree No. 009-2020-MINCETUR published on November 21, it is provided the implementation of Decision No. 7 of the Free Trade Agreement between Chile and Peru.
The Administrative Commission adopted Decision No. 7, signed on November 11, 2016 and ratified by Supreme Decree N° 032-2020-RE published on September 22, 2020. This decision refers to the amendment of Chapter 4 (Origin Regime) by incorporating Article 4. 11 bis (Errors of Form) and amending Article 4.2 (Qualification of Origin) of the Free Trade Agreement between the Government of the Republic of Peru and the Government of the Republic of Chile, which amends and replaces ACE No. 38, its annexes, appendices, protocols and other instruments that have been signed under its protection.
Main aspects to be considered:
Discretionary power was adopted to not determine or sanction infringements provided for in the General Customs Act
On November 24, Resolution No. 00026-2020-SUNAT/300000 of the National Deputy Superintendence of Customs was published, which approves the discretionary power not to determine or sanction the infringements provided for in the General Customs Act that are configured as a result of the entry into the country of fast delivery shipments covered by fast delivery manifests numbered from November 30, 2020 provided that the following conditions are met:
a) The infringement is included in the annex to the resolution.
b) The infringement was committed from November 30, 2020 to February 28, 2021.
c) The infringement has been committed by a foreign trade operator or intervening operator with respect to infringements included in subparagraph a) above.
d) The omitted or correct information has been transmitted or recorded.
It must be noted that no refund or compensation shall be made for payments made in connection with the infringements covered by the discretionary power provided for in this resolution.
Amendment of the procedure “Freezing-seizure and legal determination of goods
Through Superintendence Resolution No. 000204-2020/SUNAT published on November 28, the specific procedure mentioned above has been amended by incorporating the concept MPV of so that operators may carry out their procedures through said portal. In this way, both the application for the release of the detention and the application for a refund by MPV may be submitted.
It is also provides that the following administrative acts shall be notified via the electronic mailbox:
Initiation of an ex officio investigation procedure on imports of clothing
On November 1, Resolution 146-2020/CDB-INDECOPI was published, which provides for the initiation of an ex officio investigation procedure on imports of clothing in the area of safeguards, as it has been established that there is prima facie evidence of a threat of serious injury to the domestic clothing industry as a result of the significant increase in imports of such product in absolute terms and in relation to domestic production.
It must be recalled that the general safeguard measures, as regulated by the WTO Agreement on Safeguards, are protective mechanisms imposed by States when there is an unusually significant increase in imports that cause or threaten to cause serious injury to a domestic industry. Unlike other trade defense procedures such as dumping or subsidy investigations, the imposition of safeguard measures does not require the establishment of unfair international trade practices, it is necessary to verify that there has been a significant increase in imports that causes or threatens to cause serious injury to the local industry.
In this case, the investigations focus on the period from January 2016 to June 2020 in terms of the pace and amount of the increase in imports, changes in the level of sales, changes in market share, changes in production, among other factors.
The function of issuing Certificates of Origin to goods produced at the national level, within the framework of the agreements signed by Peru, in the preferential and non-preferential regimes is delegated to the Association of Exporters
Through Ministerial Resolution No. 246-2020-MINCETUR published on November 21, the Association of Exporters has been delegated this function for a period of three years, which will be counted from the date of the signing of the agreement between the Ministry of Foreign Trade and the Association of Exporters.
