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On 30 December 2016 the Presidential Decree No. 2.647 of the same date, by which a new customs tariff (New Tariff) is established, was published in the Official Gazette of the Bolivarian Republic of Venezuela extraordinary No. 6.281.

What new aspects are included in the adoption of this New Tariff in Venezuela?

The new tariff has significant new features and changes, such as:

  • It welcomes in its nomenclature the 6th amendment of the Harmonized System of Designation and Codification of Goods (SA, by its initials in Spanish) of the Council for Customs Cooperation (CCA, by its initials in Spanish) - World Customs Organization. On the other hand, it is also adopts the Common External Tariff and the Common Tariff Nomenclature of the Member States of Mercosur (NCM).
  • It has a total of 108 changes in texts of headings and subheadings.
  • It incorporates 89 new headings and 181 new subheadings, it now includes 5,386 subheadings of six digits against the 5.205 contained in the 5th Amendment of the Harmonized System of 2012.
  • 37 chapters were modified.
  • Two columns are created relating to the legal regime applicable to imports and exports of goods in the structure of its chapters. The new columns are the five (5) for imports and the six (6) for exports.
  • The tariff Ad Valorem is indicated in column three (3) of the tariff and corresponds to the Common External Tariff (AEC), which is indicated on the 26/16 Resolution from December 5th, 2016 from Mercosur, and can be identified as BK (Capital Goods) or BIT (IT and Telecommunication Goods).
  • The exceptions to the Common External Tariff (Ex. AEC) are indicated in column four (4), containing tariffs identified as: E (Exceptions of the Common External Tariff),  T (Transitions to Common External Tariff), or A (Aeronautical Sector Goods).
  • Subheadings are introduced to facilitate the collection and comparison of data on the international movement of certain substances controlled by the Chemical Weapons Convention.
  • Subheadings are incorporated for a series of hazardous chemical substances controlled under the Rotterdam Agreement and certain persistent organic pollutants (COP) controlled under the Stockholm Agreement.
  • Entry into force
  • The New Tariff will com.e into force next Monday, 30 January 2017. It will came into force after the term of thirty (30) consecutive days from the following day of its publication in the Official Gazette is completed, which started on 30 December 2016.
  • The revious Tariff was derogated, which was published through Decree No. 236 of dated 15 July 2013.
  • All annexes are derogated, as well as Modifying Resolutions of Decree No. 236.

Actions to consider:

  • The usual importers and exporters must verified, in this New Tariff, if the tariff code of the goods that is frequently allocated to import, export or transit, was affected.
  • In addition, they must verify if the legal regime of the goods that is frequently allocated to import, export or transit, was affected in this new Tariff.
  • The validity of your permissions, licenses, registrations, quality certifications and other requirements that have been issued previous to the entry into force of this New Tariff must be verified.
  • It is important to highlight that if your company has Tariff Classification Letters, Unique Tariff Highlight (CAU) and Imported Assembly Material for Vehicles (MEIV) which were issued with the Nomenclature of the derogated Decree No. 236, it is necessary to check the correspondant correlation between the tariffs codes of Decree No. 236 and the New Tariff, now that the Tariff Management of the Customs National Management of SENIAT has published that correlation in their web site.
  • For the purposes of the customs declaration, all permits, licenses, quality certifications or any other requirements, which had been issued by the official correspondant organisms on a date previous than the entry into force of this tariffs, and still be valid, will be accepted by the custom authorities.

Conclusion

Next Monday, 30 January 2017, a new tariff will enter in force in Venezuela, this tariff of customs adopts the 6th amendment of the Harmonized System of Designation and Codification of Goods (SA) of the Council for Customs Cooperation (CEC). If you are a frequent importer or exporter from Venezuela, you should consider this new adoption for the purposes of the tariff location of your goods and the enforceable legal regime.

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