Technical Concepts

Dumping is considered as a disloyal international commerce practice that can be denounced before the investigative authorities of the import country with the aim of starting an investigation and, if it corresponds, the determination of relevant measures. In the case of an exporting country disagreeing with the antidumping measures imposed by another state, it is able to resort to mechanisms of controversy solution established by the World Trade Organization (WTO). It is considered as Dumping when a product is introduced into a country’s market with and inferior price to that of a similar product destined to the consumption in the exporting country and that, for these reasons, causes damage to the national production.

Considered as subsidies are those –direct or indirect- tax, economic or financial benefits given by the National State, the Provincial or Municipal Governments to a particular company, industry or economic sector.
For the case in which the subsidized products have exportation as destination, the regulative frame of the World Trade Organization (WTO) enables the adoption of measures by the affected country to counteract the negative effects of the applied subsidies. These measures are named “compensatory rights”.

Safeguards are special restrictions to the imports that are adopted temporarily in order to face specific situations such as the sudden increase of imports. The national legislation that adheres to the principles established by the World Trade Organization (WTO) foresees a procedure to adopt measures in defense of the affected production branch.

The process of import licenses can be defined as the administrative procedure that requires the presentation of a request or other documentation (different to the one necessary to customs) before the Administrative Authority, as a previous condition to carry out the import of specific goods.

Some licenses are issued automatically if they fulfill certain conditions. Others require a request by the importer and the litigation of administrative procedures aimed at achieving its obtainment.

Valuation in customs is the procedure applied to determine the value in customs of goods and that aims to combat fiscal evasion and to fight under-billing practices in the import of goods.

Through this request by the interested party, the Federal Administration of Public Income establishes through the Customs General Direction precautionary criteria values based on the values declared in the official Defined Import Destinations for Consumption and in the data bases available in the public or private sector.

Based on this, the Import Destinations in which values under the provisional value are declared are to be processed, in all the cases, by the Red Channel of Selectivity and will only be released from customs when the importer has provided an equivalent guarantee to the duty difference between the paid amount and the one resulting from the established value.

Law 26.360 and cc. provide fiscal benefits to the investments on new capital goods –excluding automobiles- and on infrastructure works –excluding civil works-, carried out between the 1st October 2007 to the 30th September 2010.

The continuity of the Law 25.924 –not in effect- and the regulation’s promotional tool is the devolution in advance of the added value tax that corresponds to the investments on capital goods or infrastructure works, or, alternatively, to the accelerated amortization in the income tax.

The Law considers as industrial activities all of those that can be classified in the manufacturing business with the tabulation category “D” of the national classifier of economic activities (CLANAE).

Law 23.101 and cc. establishes the possibility to access a specific reimbursement that reaches exports of turn-key industrial plants in general or of engineering works destined to provide specific services.

The benefit given by this regime is a 6% reimbursement upon the value of new and without use national goods, as well as upon the services and technology of national origin.

The 511/2000 Resolution and cc. regulates the assigning of promotional incentive aimed at national or foreign companies settled in the country, that produce tangible goods and that consists in a reduction of import duties and the payment exemption of the destination verification and statistics tariff to all those used goods that are part of the complete or autonomous lines to be imported.

The 256/2000 Resolution and cc. established and incentive aimed at national or foreign companies settled in the country, that produce tangible goods, towards the end of encouraging the investments tending to increase the competitiveness of industrialized products. The imported goods belonging to projects abetted by the Legal regulation will pay ZERO PER CENT (0%) of Import Duties and destination verification tariffs. Replacement parts will be able to be imported to a FOB value not superior to the 5% of the total value of the goods to be imported.

The 379/2001 Decree and cc. applies an incentive regime destined to promote the national manufacturing of capital goods, computing and telecommunications through the emission of a fiscal bond for manufacturers that have industrial establishments settled in the National Territory.

The benefit consists in the obtainment of a transferable fiscal bond to be applied to national tax payments for a value of FOURTEEN PER CENT (14%) of the amount resulting from the deduction in the sales price of the inputs value, parts or components of imported origin added to the goods, that had been nationalized with an import duty of ZERO PER CENT (0%)

FONTAR offers to SME’s non refundable contributions, in different forms and amounts destined to research and technological development.

Also, legal or juridical persons will be able to benefit from the fiscal credits given regularly by the Argentine government of up to 50% of the total cost of science, technology and innovation projects. Annually, the Argentine government bids the financing of the research and development projects execution costs with Fiscal Credit certificates that can be discounted from the Income Tax.

Eligible projects are those dedicated to Applied and Scientific Research, Pre-competitive Technologic Research and to Adaptation and Improvements.

Areas

Ecolatina en Buenos Aires