VENEZUELA : OBLIGATION TO DECLARE ORIGIN OF PRODUCTS

Leopoldo Ustáriz (Caracas)

Tel: (58-2) 276-5111

Fax: (58-2) 264-1532

Joint Resolutions Nos. 3,055 and 321 of the Ministries of Finance and Development, respectively, dated 25 January 1996 (O.G. No. 35,928 dated 26 March 1996) obligate importers of products similar to those which have been subject to antidumping or compensatory duties by the competent Venezuelan authorities to declare the origin of those products to customs and thus prove that they are not subject to said measures. The Joint Resolution defines such products as those whose characteristics or use make it similar to those which have been subject to antidumping or compensatory duties. In this case, the importer must submit to customs the original certificate of origin for said products, which must meet the requirements set in the Joint Resolution. Accordingly, the products shall be considered as originating from a given country if they are fully produced in the country or manufactured in it with materials produced in other countries, provided they are substantially transformed and given a new form as characterized by a change in the tariff classification, making them different from that of materials used in their production. If the importer does not furnish the certificate of origin it may clear the products from customs by posting a bond for the total amount of the antidumping or compensatory duties that may be imposed on the product. The bond will be released if the importer files the certificate of origin within a term of no more than 60 consecutive days following the customs declaration. Without the certificate, the Treasury will enforce the bond. Finally, the Joint Resolution provides that the Ministry of Development, by way of the Technical Antidumping and Subsidy Committee, will make an official announcement to the public regarding the products that have been subject to antidumping or compensatory duties. The Joint Resolution became effective on 26 June 1996.

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