RULE 3.1.34: ADVANCE CLEARANCE FOR IMPORTATION BY AERIAL OF MERCHANDISE TRANSPORTED BY COURIER AND PARCEL COMPANIES

For the purposes of articles 35 (LA: Art. 35) and 43 (LA: Art. 43) of the Law, as well as 38 (RLA: Art. 38) and 64 (RLA: Art. 64) of the Regulation, those who import merchandise transported by courier and parcel companies by aerial, may carry out the advance clearance of the merchandise in accordance with the provisions of the "Operation Guidelines for Advance Clearance", which for this purpose issues the General Customs Administration (Administración General de Aduanas), which will be announced on the Service Tax Administration (Servicio de Administración Tributaria) Portal.

The customs agent, customs agency, customs representative, or accredited legal representative, who carries out the importation referred to in the preceding paragraph, must comply with the following:

I. Prior to the arrival of the merchandise to national territory, they must prepare, validate and pay the customs declarations (pedimentos) that cover the merchandise transported in a single vehicle, in accordance with the applicable regulations and submitting the corresponding codes according to Appendices 2 (RGCE 2020: Apendice 2) and 8 (RGCE 2020: Apendice 8) of Annex 22.

For these purposes, the corresponding transport document must have been previously transmitted, in accordance with the provisions of rules 1.9.10. (RGCE 2020: Regla 1.9.10) and 1.9.17. (RGCE 2020: Regla 1.9.15)

II. They must electronically activate the automated selection mechanism once the merchandise is inside the vehicle in which it will be dispatched.

The activation must be carried out the same day that the merchandise is to leave the controlled premise, considering the customs schedule provided in Annex 4. (RGCE 2020: Anexo 4)

Once the result of the activation of the automated selection mechanism is obtained, the merchandise and its means of transport must be directed to the corresponding area, depending on said result.

Once the result of the activation of the automated selection mechanism is disclosed, the merchandise cannot be examined by whoever is carrying out the customs clearance of the merchandise.

This procedure will be carried out under the responsibility of the importer, customs agent, customs agency or customs representative.

It may not be imported under this procedure merchandise that is difficult to identify, which, due to its presentation in the form of powders, liquids or pharmaceutical forms, such as: pills, troches, tabloid, granules, tablets, capsules, and dragees, that require physical or chemical analysis , or both, to know its composition, nature, origin and other characteristics necessary to determine its tariff classification, regardless of the quantity and the consigned value.

Law 35 (LA: Art. 35), 40 (LA: Art. 40), 43 (LA: Art. 43), Regulation 38 (RLA: Art. 38), 64 (RLA: Art. 64), General Rules of Foreign Trade (Reglas General del Comercio Exterior) 1.9.10. (RGCE 2020: Regla 1.9.10), 1.9.17. (RGCE 2020: Regla 1.9.15), 3.7.5. (RGCE 2020: Regla 3.7.5), Annexes 4 (RGCE 2020: Anexo 4) and 22 (RGCE 2020: Anexo 22)