Source: LegisCenter (São Paulo - SP) - 22/05/2012

The Chamber again analyzes Bill 717/03, by deputy Antonio Carlos Mendes Thame (PSDB-SP), which subjects imported products to the same rules defined for goods produced in Brazil. The proposal was approved by the Chamber in 2008 and returned from the Senate this year, after receiving amendments from senators.

The Chamber's text established, for example, that the import of products subject to the Federal Technical Regulation, listed in regulations, should obey the non-automatic licensing regime. The Senate changed the text so that compliance with this licensing regime is no longer mandatory to become a possibility.

Regarding the performance of the bodies responsible for the technical regulation of products that are in customs, the text of the Chamber said that this inspection was optional, after the beginning of the customs clearance. According to the Senate text, inspection becomes optional regardless of the initiation of customs clearance.

Importer's burden Another amendment made in the Senate determines that, if the goods are not in conformity with Brazilian rules, it will be up to the importer to bear the costs of storage at customs, as well as the burden of loss or destruction, when applicable. The Chamber's text did not provide for a charge in case of loss or destruction of the product.

Both the text of the Chamber and the Senate determine that the imported product in non-compliance with the Federal Technical Regulation is retained by the customs authority for a period to be determined by the competent inspection body or entity. Within this period, the importer may promote the adequacy or arrange for the repatriation of the product.

In the text approved by the Senate, the penalty was also maintained for anyone who presents false documentation or makes a malicious declaration regarding the regulation of the imported product. The responsible person may have the accreditation or the authorization to operate as a suspended or canceled importer.

Deputy Mendes Thame says that the approval of the proposal will guarantee more security for the consumer, in addition to combating unfair competition, mainly in relation to products from China and other Asian countries. “The project does not protect Brazilian industry. It just gives equality, equals the requirements for national and imported products. ”

Conduct

Senate amendments will be analyzed by the Constitution and Justice and Citizenship commissions; Consumer Protection; Economic Development, Industry and Trade; and Environment and Sustainable Development. Then, they will be voted in the Plenary.