Update on the Delayed Implementation of Costa Rica's Requirement that SED/AES Record be Provided for Imports
According to the U.S. Embassy in Costa Rica, the Costa Rican government has stated that it will not require a copy of the Shipper's Export Declaration (SED) or Automated Export System (AES) record for U.S. exports until a solution to which the U.S. government agrees is negotiated. Embassy sources state that crafting such a solution will likely take quite some time.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Costa Rica originally delayed implementation of this regulation with respect to exports from the U.S. on March 4, 2004. (See ITT's Online Archives or 03/10/04 news, 04031020, for BP summary of this delay.)
BP has previously reported that the Bureau of Census (Census) objected to Costa Rica's new requirement because providing such information violated the confidentiality provisions on the release of SED information contained in the Foreign Trade Statistics Regulations (FTSR) at 15 CFR Part 30.91. (See ITT's Online Archives or 03/05/04 news, 04030530, for BP summary of Census' position on this matter.)
Embassy sources note that a number of countries have similar objections to Costa Rica's new requirement. These sources explained that the Costa Rican government is requiring copies official export documents because importers in Costa Rica have been submitting undervalued and fake documents in order to avoid paying duties.
Costa Rica Also Delays Implementation of Requirement for EU Countries
According to the Embassy, Costa Rica has also recently delayed implementation for the European Union (EU) countries of its new requirement that exporters furnish a copy of official export documents.
Embassy sources confirmed that as a result of this delay for the EU, the following countries are not required to submit copies of official export documents: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden, and the United Kingdom.
Embassy sources further confirmed that as of March 26, 2004, only the U.S. and EU countries have been exempted from the requirement that copies of official export documents be provided.