Post by firoj2525 on Mar 9, 2024 9:54:39 GMT 5.5
Solely responsible for collecting duties, to make any type of interpretation regarding the extension of the scope during the clearance process or during customs review. This is perhaps one of the most controversial points in current customs practice. This is because inspections are often faced with situations that defy the very logic on which customs usually operates. For example, the standard inspection procedure is to apply the general rules of interpretation of the harmonized system (RGI) and the explanatory notes (NESH) to determine the rules applicable to a given import, since administrative and customs treatments are usually designated due to the classification of the merchandise.
On the other hand, this cannot be used in commercial defense cases. Even if an importer indicates incorrect classification of the goods, the detection of the error by inspection does not lead to the immediate application of anti-dumping duties or compensatory measures, only a possible fine for classification. More specifically, this finding implies the fact that inspection could not use EL Salvador Mobile Number List classification rules to apply commercial defense measures to situations involving unfinished goods, even if they already have essential characteristics, or to materials that have different mixtures, even if the remaining elements do not compromise their function and presentation — situations that in general customs rules, and based on the harmonized system, would give rise to the application of the treatment given to the classification of finished or pure goods respectively.
For the purposes of trade defense measures, anti-dumping duties or compensatory measures may be charged only on those imports whose product description is compatible with that expressly contained in the resolution that supports them, with no room for interpretation by the agent in the specific case [ 3] . Regarding this issue, it is important to emphasize that there is, within the competence of Secex/SDCOM, a specific procedure for clarifying which products are subject to a certain trade defense measure. This is the scope assessment, a procedure provided for in Decree No. 8,058/2013 and which aims to guarantee all interested parties access to clarifications on whether or not the measure should be applied to a specific product.
On the other hand, this cannot be used in commercial defense cases. Even if an importer indicates incorrect classification of the goods, the detection of the error by inspection does not lead to the immediate application of anti-dumping duties or compensatory measures, only a possible fine for classification. More specifically, this finding implies the fact that inspection could not use EL Salvador Mobile Number List classification rules to apply commercial defense measures to situations involving unfinished goods, even if they already have essential characteristics, or to materials that have different mixtures, even if the remaining elements do not compromise their function and presentation — situations that in general customs rules, and based on the harmonized system, would give rise to the application of the treatment given to the classification of finished or pure goods respectively.
For the purposes of trade defense measures, anti-dumping duties or compensatory measures may be charged only on those imports whose product description is compatible with that expressly contained in the resolution that supports them, with no room for interpretation by the agent in the specific case [ 3] . Regarding this issue, it is important to emphasize that there is, within the competence of Secex/SDCOM, a specific procedure for clarifying which products are subject to a certain trade defense measure. This is the scope assessment, a procedure provided for in Decree No. 8,058/2013 and which aims to guarantee all interested parties access to clarifications on whether or not the measure should be applied to a specific product.