The Government of Argentina has decided to modify the criteria for the control of goods that are subject to current measures that establish definitive antidumping or compensatory duties, as well as those that are the subject of an investigation process.
This is established by the resolutions 154 y 112 of the Ministry of Economy, published this Monday (08.04.2024/XNUMX/XNUMX) in the Official Gazette.
According to the measure, the General Directorate of Customs must comply with the control of the import destinations for consumption of the goods covered by the resolutions included in each of its annexes, according to the general selectivity allocation criteria, according to the procedure provided for in Resolution No. 44/98 (DGA) and customs risk analysis in accordance with General Resolution No. 2.605/2009 (AFIP). This implies that the inspection will be carried out ex post within the scope of the powers attributed to the aforementioned body.
It is recalled that Resolution 366/2020 - now repealed - contemplated for such events that the control by Customs must be carried out in accordance with the verification procedure provided for cases processed through the red selectivity channel, according to the description contained in point 1.3 of Annex I of Resolution No. 44 dated April 29, 1998 of the General Directorate of Customs.
In this way, the Government has lifted the mandatory use of the red channel for the stipulated cases.
The fundamentals of the measure Those involved are listed in the resolution as follows:
?That by Annex I of Resolution No. 44 dated April 29, 1998 of the General Directorate of Customs, dependent on the Federal Administration of Public Revenue, an autonomous entity within the scope of the former Ministry of Economy and Public Works and Services, it was determined that import destinations for consumption, as a result of the application of the criteria of normative, intelligent and random selectivity, will be processed through green, orange or red channels, establishing the controls and procedures that will be carried out in each customs channel.
?That, in accordance with the provisions of the aforementioned resolution, the red channel consists of documentary control, physical verification and analysis of the value after the release of the merchandise.
?That by General Resolution No. 2.605 dated May 5, 2009 of the Federal Public Revenue Administration, an autonomous entity within the former Ministry of Economy and Public Finance, Directive No. 33 of the MERCOSUR Trade Commission of November 13, 2008 “Norm Relating to Customs Risk Management” was incorporated into the national legal system, considering in its recitals that “… the implementation of a modern customs office, in the current context, must allow for the agility of foreign trade flows and, on the other hand, must control compliance with customs, tax and other obligations, the application or execution of which is the responsibility of customs”, and also taking into account that “…in order to fulfill the roles of facilitation and control, it is necessary to use risk analysis techniques that allow for maintaining an adequate level of control without prejudice to the agility of legitimate international trade”.
?That by Resolution No. 366 dated July 24, 2020 of the former Ministry of Productive Development (RESOL-2020-366-APN-MDP) it was communicated to the General Directorate of Customs that the control of import destinations for consumption of merchandise, regardless of the declared origin, that are covered by current measures that establish definitive antidumping or compensatory duties, as well as those that are the subject of an investigation process in which a preliminary determination of the existence of dumping, subsidy or damage had been made, or its continuity had been ordered, whether or not they have applicable provisional measures, be carried out in accordance with the verification procedure provided for cases processed through the red selectivity channel
?That, in relation to this, the Undersecretariat of Commercial Policy and Management of the Secretariat of Commerce of the Ministry of Economy has issued a statement, maintaining that the obligation to verify in the terms stated above is not a requirement at the time of customs clearance.
What? It is necessary to adapt these measures so that the General Directorate of Customs, in accordance with its powers and faculties, assigns the corresponding criteria in terms of selectivity channels, allowing for the agility of the flow of foreign trade and maintaining an adequate level of control in accordance with the established criteria.
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