The National Foreign Trade Information Service published a Frequently Asked Questions document related to the Prior Import Permit for Sugar, Mixtures and Food Preparations, through which operational aspects for its application, supporting documentation, validity and declaration in the customs entry are clarified. 

Among the most relevant points, the following stand out: 

1. Resolution period and required documentation 

The resolution of the Prior Import Permit will be issued within 15 business days after the application has been deemed submitted through the VUTCE. 

For its processing, the attestation report or compliance report must be attached, issued by CENAM or by an accredited laboratory, which must coincide with the description of the goods entered in VUTCE. 

Operational Impact: 

Companies should consider this timeframe in their logistics planning and validate that the technical data sheet, commercial description, report and application are consistent. 

2. Application by good and tariff classification 

The permit must be requested for each tariff classification and for each good described in the attestation or compliance report. Likewise, the report must be requested for each good, even when different goods are classified under the same tariff classification. 

Operational Impact: 

It will not be advisable to group products with different characteristics in the same application; it will be necessary to previously review the product catalog and their technical data sheets.

3. Declaration in the customs entry 

Pursuant to the amendment to Appendix 9 of Annex 22 of the RGCE, the code that must be declared in the customs entry is C1. The permit will apply to customs entry codes related to the definitive import regime. 

Operational Impact: 

Importers should coordinate with their customs brokers to ensure the correct declaration of code C1 when the goods are subject to the permit. 

4. Validity and use of the permit 

The Prior Import Permit will be valid for 90 calendar days counted from its issuance. It may be used in several operations, provided that it is valid, has sufficient balance and corresponds to goods with the same characteristics, considering the unit price. 

The attestation or compliance report will be valid for 4 months counted from its issuance. 

Operational Impact: 

It will be essential to maintain control of validity periods, balances, authorized volumes and characteristics of the goods.

5. Correction of data and goods containing sugar 

The data of the permit may not be modified. In case of error, the permit must be cancelled and a new one requested. 

Regarding goods classified under tariff classification 2106.90.99.99, food preparations containing sugar must prove their composition through the corresponding report. In the case of goods that do not contain sugar, and when CENAM so determines, an attestation report based on documentary analysis may be issued under a sworn statement. 

Operational Impact: 

Companies should carefully validate the information before submitting the application and review the composition of their products to confirm whether they require a prior permit. 

Recommendation 

We suggest that companies importing sugar, mixtures or food preparations proactively review their operations, considering the following: 

• Identify goods subject to the Prior Import Permit.
• Validate tariff classification, composition and technical data sheet.
• Obtain the attestation or compliance report in a timely manner. Verify that the description in VUTCE matches the report and the goods.
• Control validity periods, balances and authorized volumes.
• Coordinate with the customs broker the declaration of code C1.
• Review the information before submitting the application, since the permit data may not be modified. 

Based on the foregoing, it is advisable to strengthen internal controls related to tariff classification, product composition, document management and permit follow-up, in order to avoid import delays or inconsistencies in customs clearance.

J.A. DEL RÍO offers a wide array of specialized consulting services to assist you with these and other matters, in order to ensure that your project complies with the applicable characteristics  contained in this agreement.

If you have any questions, J.A. DEL RÍO can provide you with our experts to advise in matters concerning compliance with your legal and tax obligations. Once again, please let us know if we may be of any further assistance to you at: contacto@jadelrio.com.