Modifies Law No. 18,525, To Approved Rules On Importation Of Goods To The Country

Original Language Title: MODIFICA LEY N° 18.525, QUE APROBO NORMAS SOBRE IMPORTACION DE MERCANCIAS AL PAIS

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Sole article.-Introducense following amendments to law No. 18,525: 1.-replaced the sentence in the second paragraph of article 2: "and on gauging procedure" by the following, preceded by a comma (,): "rules on procedure for capacity and each consignment notes": 2.-in item 8 ° replaced the second paragraph by the following: "for the above indicated purposes referral service will consider the customs of identical goods or, failing this, value, sold at the same commercial level than those that are being valued. For the determination of this value, the aforementioned service, shall, in addition, consider reports from manufacturers that are reliable or may require background to national or foreign public bodies. Same procedures will be adopted when the entry of goods to the country not originates under a contract of sale. In the case of used goods when taken as reference prices for identical or similar new goods, shall be considered, where relevant, rebates from use and age."

3. replace article 9 ° by the following: "article 9.-the President of the Republic, may establish minimum customs values for those products, by circumstantial effects originating in the international markets, resulting with his normal transaction prices temporarily decreased and whose import in such conditions d'origine serious actual or imminent damage to national production. For the fixation of these values it will require the favorable report of the Commission referred to in article 11. The fixing of the minimum customs value may not exceed 12 months. At the end of this period, only may be extended when majeure effects which may have led to its establishment, which, also, favourable report of the aforementioned Commission will be required.
The minimum customs value established will constitute the tax base for customs purposes, unless the customs value formed from the transaction price is greater. "."

4. replace article 10 by the following: ' article 10-establishment surcharges of 3%, 5%, 8%, 10%, 12%, 15%, 18% and 20% ad valorem duties and countervailing duties on the importation of those goods whose entry into the country originate serious actual or imminent harm to domestic production import prices decreased as a result of artificial effects in their respective markets. " The President of the Republic shall determine the goods to which they apply these surcharges and countervailing duties, the amount and duration, which may not exceed one year, report of the Commission referred to in the following article. "."

5 replacements subparagraphs second, third and fourth article 11, by the following: "the Commission shall meet complaints about distortions in the prices of goods traded in the international markets. To do so you must practice in each case an investigation, of whose home and matter shall, within the period of five days following the formalization of the complaint, by notice published in the official journal. Within the term of 30 days, from the date of this notice, the Commission must receive the background as interested parties may provide and require reports that may be required. In the same way, before working out, you should receive in hearing to interested parties, when they so request it, to listen to his proposals.
In the complaint submitted to the Commission should indicate what is the distortion and the way in which this causes significant current or imminent injury to the affected domestic industry.
Without prejudice to the provisions in the preceding subparagraphs, the Commission may perform ex officio investigations about this article, when you have history as well as jusitifiquen. Applies to the investigation which the Commission perform ex officio the same procedure established for the investigation by complaint, which is compatible with that one.
Within the maximum period of 90 days, from the date of publication of the notice in the official journal, the Commission must resolve the facts under investigation, according to the history available. If such background is made possible, in the view of the Commission, establish the existence of distortions in the price of the goods and that they cause significant, actual or imminent injury, in the national output, it will be present at the resolution that dictates the effect, which will recommend, together or separately, the fixing of minimum customs values referred to in article 9 or of surcharges and countervailing duties referred to in article 10 before the enactment of the resolution referred to in the preceding paragraph and in any stage of the investigation, the Commission may request from the President of the Republic, through the Minister of finance, so that, within the period of sixty days, set in provisional form, surcharges and countervailing duties or minimum customs values. The surcharges, countervailing duties or minimum customs values, which apply pursuant to this subsection, shall have a maximum period of validity until the date that the final decision is adopted and shall be binding upon the payment if they are in force at the time of the acceptance for processing by the customs service, the respective Declaration.
At any time, the Commission may request from the respective authority that modify or rescission measure in provisional form.
In the event of that, once the research is completed, the Commission resolved that there is no distortion in the price of the goods for which the provisional measures requested, or that existing distortions, not cause a serious harm current or imminent in the national economy, people affected with the surcharges, right compensatory or minimum customs values, which were fixed on a temporary basis You can repeat it paid for such a concept. Similarly, those affected may request the total or partial refund paid by those provisional measures when, having recommended by the Commission in the relevant resolution the application, in the end, surcharges, countervailing duties or minimum customs values, is not any of these measures enacted by the competent authority, or is it by an amount less than that had to pay it while he governed with provisional. The amounts subject to restitution will bear current interest. The law of repetition should be exercised within the period of 90 days, counted from the date in which restitution was made payable, under penalty of revocation of the same.
Decisions of the Commission shall be taken by a majority of votes and in case of tie the vote of the Chairman shall be decisive.
It shall be for the Commission created in this article the first paragraph, learn, in addition, research that is the agreement relating to the interpretation and application of articles VI, XVI and XXIII of the General Agreement on tariffs and trade approved by Decree Law N ° 3.567, 1980 and promulgated by Decree of the Ministry of Foreign Affairs No. 300 , 1981.
A regulation, issued through Supreme Decree of the Ministry of finance, will establish the necessary procedure for the payment of the duties, taxes and other charges arising on the occasion of the temporary fixing minimum customs values, surcharges and countervailing duty and his restitution when he is coming. The regulations shall determine, in addition, the procedures that are necessary for the implementation of the provisions contained in this article. "."