Key Benefits:
Bs. As., 19/5/92
VISTO Law 22.415 and Decree No. 2284 of 31 October 1991 and
CONSIDERING:
That by Decree No. 2284 of 31 October 1991 all the regulations for the production and marketing of sugar established by Act No. 19.597, their modifications and regulations, disbanding the NATIONAL DIRECTION OF AZUCAR.
That this regulatory system aimed at limiting supply in the domestic market by forcing the export of surpluses involved a virtual ban on the import of sugar.
That the deregulation of the sector is driving a profound structural change.
This will allow sugar to prepare for integration in MERCOSUR and the world market.
They are common in the international market, as well as in several major sugar producers, subsidy practices that regularly distort prices.
That deregulation and commercial opening in the ARGENTINA REPUBLIC means a substantial advance towards an open economy.
However, it is necessary to grant the sugar industry a reasonable time to make the investments and modifications necessary to adapt to this change.
For this purpose, it is appropriate to put into force article 673 of the Argentine Customs Code (see Law 22.415) to stabilize the domestic price in periods of strong distortions in the world market.
That the mobile average of the monthly prices of the international market during the previous four (4) immediate years is considered appropriate, as it will enable prices for efficient producers with a lower level of short-term uncertainty.
That the established mechanism operates as a free and competitive market, i.e. there is no pricing or implied by the State obligation to purchase to ensure a certain level of prices.
That with the same objective it is advisable to arbitrate a system that involves reductions to import duties and even the disappearance of these, as international prices of sugar rise.
That the Permanent Legal Service of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES has taken the intervention that it has to consider that the proposed measure is legally viable.
That the present is given in exercise of the powers conferred on article 673 of the Argentine Customs Code (Act 22,415) and article 86, paragraph 2 of the National Constitution.
Therefore,
THE PRESIDENT OF THE ARGENTINA DECRETA NATION:
Article 1 Artículo Imports of any origin or origin of the goods from the tariff positions specified in Annex I to the present shall be subject in addition to the applicable "ad valorem" right arising from the application of Article 673 of the Argentine Customs Code (Act 22.415), in the terms of this Decree. Art. 2° . The additional right referred to in the previous article is the one whose amount in DOLARES STADOUNIDENSES per metric ton will be equivalent to the difference between a price called "Base Guide" and another so-called "Comparation". Art. 3° . The sugar base guide price will be calculated every year based on the monthly average of CUATRO (4) last years of the price of white sugar in London (UNITED KING OF GREAT BRITAIN). Art. 4° . To determine the Comparison Price, the NATIONAL ADMINISTRATION OF ADUANAS will take the closure of the available sugar quote from the London Stock Exchange (UNITED KINGDOM OF GREAT BRITAIN), Contract No. 5 for white sugars from the last day of the market of the month immediately prior to the date of submission of the dispatch to the corresponding square. Art. 5° . When the comparison price referred to in Article 4 of this Decree exceeds the base guide price established by Article 3, the difference between the two will constitute a credit for the sugar importer that will apply it to the payment of the existing "ad-valorem" right of the corresponding office to square.Such credit may not exceed the amount resulting from the application of the corresponding "ad-valorem" right.
(NOTE: Second paragraph Art. 11 Dto. 2275/94. B.O. 30/12/94. "For the purposes of Article 5 of Decree No. 797/92, when the difference between the base guide price and the price of comparison constitutes a credit for the sugar importer, the same may be applied to the payment of up to (CINCUENTA POR CIENTO) 50% of the existing ad-valorem right from the date of entry into force of this decree.") Art. 6° 6 The NATIONAL ADMINISTRATION OF ADUANAS will publish the prices referred to in Article 2 and the credit referred to in Article 5 in an order of A DOLAR ESTADOUNIDENSE (U$S 1.-) for the purposes of the application of the present. Art. 7° 7 Authorize the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS to modify the time limit for the present, the period covered by the calculation of the mobile average established in Article 3 and the international quotes to consider for the calculation of the base and comparison prices, when the economic conditions determine their convenience. Art. 8 This decree shall govern from 1 June 1992 and until 31 December 2005. (It was extended until 31 May 1995 by Art. 1 of the Resolution No. 1552/93 of the Ministry of Economy and Public Works and Services. B.O. 7/12/1993.) Dto. 2275/94 by Art. 1 Resolution No. 778/95 of the Ministry of Economy and Public Works and Services. B.O. 8/6/1995.) (It was extended for a period of CINCO (5) years from 1 January 1996 with the modifications determined by art. 11 Dto. 2275/94 by Art. 1 Resolution No. 741/95 of the Ministry of Economy and Public Works and Services. B.O.29/12/1995.) (It was extended until 31 December 2005, with the modifications determined by art. 11 Dto. 2275/94 by Art. 1 Resolution No. 743/2000 Ministry of Economics. B.O. 5/9/2000.) Art. 9 Contact, post, give to the National Directorate of the Official Register and archvese. . MENEM . CAVALLO. (Note Infoleg: By art. 1 Act No. 25.715 B.O. 7/4/2003 states that tariffs for the import of tariff positions detailed in the annex to this decree shall remain in force until otherwise provided by a national law. )Annex A: EARTH POSITION OF MERCADERIES
| 17.01 | AZUCAR DE CAÑA OR DE REMOLACHA AND SACAROSA QUIMICAMENT PURA IN SOLID STATE. |
| : Gross sugar without scenting or coloring: | |
| 1701.11,000 | Of reed |
| 1701.12,000 | # Of remolacha # |
| 1701.91,000 | sAromatized or colored |
| 1701.99 | The rest |
| 1701.99.1 | . Semirefined, without addition of aromatizing or coloring. |
| 1701.99.110 | Of reed |
| 1701.99.120 | # Of remolacha # |
| 1701.99.2 | Refined, without adding aromatizing or coloring. |
| 1701.99.210 | .In regular moulded pieces of weight below or equal to 15 grs. |
| 1701.99.290 | The rest |
