Last week we had shipments to clear with Business Mail. They've given us personally good service. We've had the under US$200 thing applied successfully over the past few months.
Just lately there has been a problem in Aduana. Aduana is revaluing items at will. Last week we walked through a specific shipment that was assessed at 3 times the value on the commercial invoice. Yes, a US$200 shipment (2 of those) and one other bigger shipment. The duties from aduana doubled and in some cases tripled on these items. We import these items frequently, so we now what they cost and what the rates are.
During the process, we pushed our clearning agent unmercifully .. telling him to go back to aduana at least six times. He kept saying he cannot get anywhere. We all ended up with an attorney in Santo Domingo in aduana. I'm not sure which tax it is that disappeared as preparation for DRCafta, but an ad valorum tax disappeared. Aduana's response was to revalue goods for unbelievable customs values. Our clearing agent showed us a stack of computers that he was trying to clear, valued between US$600 and US$800. Aduana valued each computer at US$1,500. Computers are free of duties Yes? No! not lately.
The outcome of our own protest was that aduana said we could resubmit all the paperwork, it will take 3 weeks, we will be paying demurrage while the paperwork is resubmitted and the customs officer just about made it clear that we will be paying a higher duty rate and not a lower one, should we resubmit.
Aduana rewrote their book, they are not accepting proper and legal commercial invoices, they are revaluing everying to mas o menos double what the commercial invoice states. There reason is, hear this ... people undervalue commercial invoices, they say. I wonder what Dell would say if we told them Dominican Republic Aduana does not accept the values on their commercial invoices?
Anyone that is an investigative journalist? This will make a story. All of us dependent on imported goods, we have a problem. The DR is rewriting the values of the good and proper commercial invoices, and revaluing at will, breaking the DRCafta regulations and probably breaking some international treaties as well.
Somebody at Customs agrees with you. See DR1 Daily News 9 January story:
Harmonizing legislation to international rules
The technical director of the Customs Department, Eduardo Rodriguez is warning that a nation?s sovereign rights to impose tariffs as established in the Constitution are in today?s supranational world subject to global conventions that the country has signed. In a contribution to today?s Hoy newspaper, he points out that these international agreements supersede internal laws and have a supranational character. He calls for the government to be vigilant to harmonize the international law with domestic legislation and application of laws.
Rodriguez points out that country imports are subject to:
1) The goods to be imported and taxed need to be declared according to nomenclature established by the Harmonized Commodity Description and Coding System (HS), based on an international convention of which the DR is part since September 2006.
2) Custom valuation needs to be determined as per methods established in Article VII of GATT 1994 of which the country is a signatory, established in Resolution No. 2-95 of the National Congress.
3) The tariffs are limited by World Trade Organization consolidated tariffs.
Rodriguez also pointed out that the country joined the World Customs Organization (OMA) in 2005 and thus all customs legislation needs to adhere to this entity?s regulations and principles, as well as international best practices recommended by the organization.
WCO - World Customs Organization -
Rodriguez recommends that to avoid issuing legal dispositions that breach the international agreements the DR has signed, these accords need to be studied. If not, ?we will be creating legal conflicts,? he says. He also recommends studying the experience of other countries with agreements similar to ours, and learning from decisions already adopted by the World Trade Organization?s dispute settlements division.
?For this one does not have to be an expert on tax or international matters,? he concludes. ?Only basic knowledge is needed, because today all this information is a click away.?
Rodriguez warns: ?All the bodies involved in creating taxes or any legislation need to do their homework before devising regulations, because if we fail to do this, we risk harming the country?s international image, and what?s worse, we could be subject to trade penalties.?