Justice Allows Once More the Import of Goods without a DJAI

In a recent judicial decision in re “Camozzi Neumática S.A.”, Tribunal I of the Federal Administrative Court of Appeals (“Cámara Nacional de Apelaciones en lo Contencioso Administrativo Federal”),  once again confirmed a company’s right to import goods before their Sworn Statement of Prior Importation “Declaración Jurada Anticipada de Importación” (DJAI) had been approved.
The ruling is given under a precautionary measure granted by a lower court judge, appealed by the Ministry of Economy and the Customs Authorities, and is confirmed by the Court of Appeals.
The measure aims to allow a company to clear customs and import certain goods even though the relevant DJAI was never approved.
In order to rule in this sense, the Court of Appeals followed the ruling of the lower Court and its own rulings in the “Wabro S.A.” and “Karpatos S.R.L.” cases.
The Court based its decision on the following grounds:

1. The Secretariat of Internal Commerce (Secretaría de Comercio Interior) never explained the reasons for the challenges (observaciones) made to the DJAI filed by the importer.
   
2. The silence upheld by the Secretariat exceeded the legal timeframe and a reasonable term, despite the fact that the company had requested explanation on several occasions.
   
3. The delay in the approval of the DJAI implied a prohibition to import goods without any legal basis.
   
4. Since the DJAI regime is intended to obtain information that would allow for a better interaction between different areas of the Government, the granting of the precautionary measure does not cause any damage to the Government.
   

This judicial decision is important, just as the rest of the rulings issued by the Court of Appeals on this matter, as they may not be reviewed by the Argentine Supreme Court.