Proceedings to verify the origin of merchandise

Until the World Trade Organization program for the unification of rules of origin of merchandise is completed, the Argentine Republic, as other countries, applies local rules, what may generate inconsistencies.

The breach of foreign trade regulations (such as anti dumping measures) through re-routing or false declarations regarding the country of origin of merchandises, impairs the effective application of foreign trade policies. As means for those breaches, irregular certificates of origin have been used. Those certificates are in breach with formal requirements or with respect to their substance.

In order to avoid the proliferation of irregular certificates, when an accusation is made or when doubts arise with regard to the validity of certificates of origin of merchandise, the veracity of their content or the basis considered by its issuer in order to certify that the merchandise was originated in a certain country, the origin stated in the customs documents must be validated in order to determine the applicable customs rights.

The certificate of origin will be valid only if its content is accurate and there are no discrepancies between the information stated and the result of the validation process.

Any person with valid reasons has a right to request an investigation to verify the origin of merchandise. During the investigation, the Customs Office could be required to provide the documents evidencing the import of the merchandise under investigation. Information on the producer or importer of the merchandise could be also requested to the country of origin of said merchandise, through the Ministry of Foreign Affairs.

Information regarding the merchandise could also be requested directly to the importer, to verify the origin of said merchandise.

If the importer does not answer such request for information, a decision will be adopted on the basis of the facts that the authorities have verified, including those provided by those affected by the irregular certificate of origin.

If a procedure to verify the origin of merchandise is initiated, the Customs Office will request the importer to grant a guarantee equivalent to the potential difference in duties. Those guarantees shall be in place until the end of the investigation. These guarantees will be enforced if the certificate is found irregular, and released if the certificate is considered valid at the end of the investigation.

Imports from countries with which Argentina has commercial treaties, shall be assessed in accordance with the terms such treaties.

Importers and/or producers are well advised to fully use the possibilities of defense that the investigation to validate the origin of merchandises provides them, to avoid the invalidation of their certificates, and longer and costly claims with the administrative authorities and/or with the courts.