International Trade and Customs Newsletter – August 2020

COVID-19

COMMENTS TO MOST IMPORTANT REGULATIONS

Regulation of the Law to Strengthen the Single Window for Foreign Trade was adopted.

Through Supreme Decree No. 008-2020-MINCETUR, published on August 3, 2020, the Regulation of Law No. 30860, Law to Strengthen the Single Window for Foreign Trade (VUCE), was adopted. Through this law, general and special rules have been established regarding administrative procedures, administrative services, communications and/or information requirements for processes related to foreign trade operations, international transport of cargo and people, cabotage, waterways, control and surveillance proceedings, among others.

As highlighted by the Ministry of Foreign Trade and Tourism (MINCETUR), with this regulation the benefits for exporters and importers who carry out operations in Peru are expanded, who shall reduce times and costs in logistical and administrative proceedings, achieving greater efficiency in their operations. It also specifies that the business environment linked to foreign trade activities shall be improved.

Among the main provisions contained in this rule, the following stand out:

• The digitization of proceedings is established, the filing of resources in a virtual way and electronic payment through digital platforms.
• It is prohibited, as a general rule, that the competent entities require physical documentation to attend the proceedings, with some exceptions.
• The possibility of using electronic signatures and documents is established.
• Mechanisms are established for the electronic authentication of documents.
• Requirements are established to avoid the creation of new measures that restrict foreign trade.
• Provisions are established to provide predictability to foreign trade operations (implementation of the Single List of Restricted and Prohibited Goods, among others).

Discretionary power not to determine or sanction infringements provided for in the General Customs Act were adopted.

On August 12, 2020, Resolution No. 000016-2020-SUNAT/300000 of the National Deputy Superintendence of Customs was published, authorizing the application by Customs of the discretionary power not to determine or sanction certain planned infringements provided for in the General Customs Act, committed by a foreign trade operator, intervening operator or third party in the Customs Offices of Cusco, Chimbote, Ilo, Mollendo, Pisco, Puerto Maldonado, Puno, Tacna and Tarapoto, provided that the following are jointly complied with:

• The infringement is included in the Annex of said Resolution.
• The infringement has been committed between 08.01.2020 and 08.31.2020 (including the infringement corresponding to code P44 of the Table of Infringements and Customs Sanctions related to the non-destination of the merchandise that arrives in the country to the Advance Dispatch mode).
• The infringement, included in the Annex to the Resolution, has been committed by a foreign trade operator, intervening operator or third party.
• Missing or correct information has been transmitted or recorded.

It must be noted that the return or compensation shall be made for payments linked to the infringements referred to in this rule.

The Regulation referring to the imposition of anti-dumping and countervailing duties was amended.

Through Supreme Decree No. 136-2020-PCM, published on August 9, 2020, it was decided to amend various articles of Supreme Decree No. 006-2003-PCM, which regulates the standards set forth in the “Agreement on the Application of Article VI of the General Agreement on Customs Tariffs and Trade of 1994”, the “Agreement on Subsidies and Countervailing Measures” and in the “Agreement on Agriculture”, amended by Supreme Decree No. 004-2009-PCM.

This amendment, as stated in the regulation, is intended to strengthen the application of the regulations on trade defense in the country, optimizing the proceedings for the investigation of dumping and subsidy practices.

Among the main provisions contained in this rule, the following stand out:

• It is specified that anti-dumping duties, as well as countervailing, provisional or definitive duties no longer have the condition of a fine.
• It is provided that goods imported as donations are not subject to the payment of provisional or definitive anti-dumping or countervailing duties.
• Provisions have been approved regarding time limits in general (processing of the investigation procedure, requests for the refund of anti-dumping or countervailing duties, publication of reports on the INDECOPI portal, the possibility of requesting technical meetings to formulate consultations on various topics related to the investigation.
• It is provided that, for the purpose of evaluating the determination of the causal relationship between the dumped or subsidized imports and the injury to the domestic industry, the evolution of the exchange rate and the variations of the tariff regime, among others, must be considered.
• Provision is made for a digital request for the initiation of the expiry review of antidumping or countervailing measures (“sunset review”)

This rule entered into force on August 10, 2020 and is immediately applicable to the proceedings in process regardless of the stage in which they are.

OTHER CURRENT NEWS

The proceeding was amended for the Tariff Classification of Goods.

Through Superintendence Resolution No. 000133-2020/SUNAT, published on August 15, 2020, the proceeding “Tariff classification of goods” DESPA-PE.00.09 (version 4) has been amended, in order to adapt it to the latest amendments provided for in customs regulations, including those related to the processing of proceedings through the SUNAT’s Virtual Parts Table (MPV-SUNAT).

It must be noted that this proceeding establishes the guidelines that regulate the issuance, revocation, amendment or replacement of resolutions on the tariff classification of goods, as well as advance resolutions on this matter.

The main amendments include the following:

It is specified that those criteria that are based on a Customs Tariff that is not in force could constitute technical references for the same product.

• The presentation of applications for tariff classification is enabled virtually, using the MPV-SUNAT for these purposes.
• Notification of the resolutions related to this proceeding shall be sent to the electronic mailbox (SOL Code) of each applicant.
• After verification of the case, and if applicable, the applicant must correct the omitted requirements within a maximum period of two working days.
• A longer term has been foreseen (up to 10 additional working days after requesting an extension) for the submission of samples and further technical information if required. This request must be duly substantiated.

Finally, this Resolution, which entered into force on August 16 of this year, establishes that notification through the mailbox and electronic mail may be applicable to the proceedings initiated before its entry into force, provided that the applicant one requires it.

Proceedings on the control of customs seals to ensure the integrity of the cargo was adopted.

Through Superintendence Resolution No. 000143-2020/SUNAT, published on August 31, 2020, a new version of the proceeding “Use and control of customs seals and other obligations that ensure the integrity of the cargo” (CONTROL-PE. 00.08) was adopted, in order to adapt it to the latest amendments to the General Customs Act and its Regulations, as well as to the institutional policy of continuous improvement promoted through the Customs Facilitation, Security and Transparency Program – FAST.

This rule aims to establish the guidelines for the supplier registration, registration, use and control of customs seals and implementation of security measures that ensure the integrity of the cargo transported in closed containers and van or tanker type vehicles whose structure and conditioning allow them to be sealed.

Among the main characteristics of this proceeding are the following:

• Provisions related to customs seals are stipulated, such as the characteristics they must have, presentation of physical samples, registration proceeding and identification of seal suppliers, supply of seals and their placement, among others.
• There is an obligation to report any incident related to the detection of a tampering with the seals that endangers the integrity of the cargo at risk.
• Provisions have been included regarding the integrity of the cargo under the responsibility of foreign trade operators and intervening operators (importers), specifying some of the minimum measures to be taken by these operators in order to avoid their loss, removal, change or contamination and verify possible illicit activities, such as illegal drug trafficking, illegal traffic of goods or smuggling, affecting customs control or public interest.

It could be understood that the failure to comply with the measures related to the security of the cargo would imply having committed the infringements provided for in the General Customs Act related to the obligation to keep the cargo safe and secure while it is under the responsibility of the foreign trade actor to whom the regulations assign this obligation.

Except for specific exceptions, this new procedure shall enter into force on October 2, 2020.