The national Government established modifications to Annex XI of Resolution No. 523/2017 that establishes the processing regime for Automatic and Non-Automatic Import Licenses for merchandise included in all tariff items of the Common Nomenclature of MERCOSUR (NCM) for definitive import for consumption, through the Provision No. 21/2021.
The regulations of the Undersecretariat of Commercial Policy and Management, published in the Official Gazette this Thursday (29.07.2021), explain that a series of goods for which, based on the current economic situation, it is essential to evaluate their respective trade flows. In this way, all tariff items that will be included in this modification are detailed in the Annex XI.
As Resolution No. 523/2017 established a regime for the processing of automatic and non-automatic licenses, lThe modification of Annex XI affected goods included in the Tariff Heading of the Common Nomenclature of MERCOSUR to comply with a primary requirement before being able to formalize an import clearance for consumption (final import destination), having to process the corresponding License through the Comprehensive Import Monitoring System (SIMI).
ThusAnnexes II to XIV of the aforementioned standard identified all those goods that will be subject to the prior processing of NON-AUTOMATIC import licenses.
This system seeks to implement the scope of prior information for statistical purposes at general and specific levels, providing for this purpose a initiation procedure that can be channeled within a time frame that the same rule provides for such purposes.
About, Customs News consulted some importers, who stated that such deadlines were not being met and that (in the face of the officialization of SIMI) the status of “observed” is displayed, with no information given as to the reasons and, therefore, importers are unable to obtain the License to be able to give a definitive import destination before Customs.
In that sense, the Attorney Guillermo Sueldo He stated: “Currently, through this system, imports have been restricted, therefore many importers have no other option than to resort to the courts, which have already issued different rulings granting precautionary measures against these actions by the administrative authority that impose temporary prohibitions based on the failure to comply with the deadlines for granting these licenses.”
The lawyer specializing in customs law added that Resolution 523/2017 and Resolution 4185/2018, in the terms used, contradict the precepts of the GATT Agreement and that this new regulation, by modifying Annex XI, tends to deepen the restriction on imports in practice.
The amendments to Provision 21/2021 will come into force as of Friday 30 of July of 2021.
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