October 18, 2019
Costa Rica-Colombia Free Trade Agreement: FTC issues decision on validity of Certificate of Origin
The Free Trade Commission (FTC) for the free trade agreement between Costa Rica and Colombia issued Decision No. 14, addressing whether a Certificate of Origin will be valid if the tariff classification on the certificate is different from the classification on the Single Customs Declaration (SCD). The decision applies from 14 October 2019.
According to the decision, a Certificate of Origin for goods that receive preferential tariff treatment will be valid, even if the tariff classification on the certificate is different from the classification on the SCD, provided the description of the goods on the certificate is the same as the description on the SCD. Additionally, the certificate must allow full identification of the goods submitted by the importer for clearance by Customs.
The FTC also determined that if the customs authorities of Costa Rica and Colombia issue a Certificate of Origin with a tariff classification for the same good and the classifications differ from each other, the importing country’s tariff classification will prevail. This rule only applies to the first import of the good. For subsequent imports, Costa Rica and Colombia will have to enter into an agreement that sets out which country’s classification will prevail in customs transactions.
For additional information with respect to this Alert, please contact the following:
Ernst & Young, S.A., San José, Costa Rica
Ernst & Young, LLP (United States), Latin American Business Center, New York
Ernst & Young LLP (United Kingdom), Latin American Business Center, London
Ernst & Young Tax Co., Latin American Business Center, Japan & Asia Pacific