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Spain Temporary Entry

Issues related to trading with Spain, such as importing regulations, documentation requirements, custom information, etc.

Spain Temporary Entry

Postby bridgat » Mon Nov 17, 2008 1:41 am

Temporary Entry

The Spanish re-export system is regulated by Order of July 24, 1987, conforming to E.U. regulations. Re-export inquiries must be addressed to the Port's Customs Director. Re-exports of U.S. goods from Spain follow the same procedures as the exportation of Spanish products. Goods re-exported to other E.U. member states are subject to statistical surveillance.

Re-exports outside the E.U. which are not covered by specific E.U. regulations are exported with an accompanying Customs Export Declaration at the exit point. A limited number of goods require a Prior Notice of Export.

Exporters of high-technology goods subject to U.S. export control procedures must ensure that Spanish clients and subsidiaries are aware of U.S. export controls requirements.

There are four types of procedures for handling the re-export of goods:

1) Temporary Imports: Goods imported for a limited time period under an ATA carnet. A bank guarantee in the form of a bond equivalent to duties owed must be provided to Customs, which will be refunded once the goods leave the country.

2) Temporary Admission: Goods which will be incorporated into a final product for export. Prior approval by the State Secretariat of Commerce is necessary. The same procedure used for temporary imports applies for re-export.

3) Replacement Goods: Companies with continuing needs for primary materials, commodities, or intermediates can request prior approval from the State Secretariat of Commerce for replacement goods after the second year of operation. They must deposit a bond with Customs on the compensatory tax only. Replacements for defective goods destroyed under Customs supervision are also admitted duty-free, but require extensive supporting documentation.

4) Drawback: Duties are paid simultaneously with a presentation of a list of products to be re-exported in the future. Later, a rebate is given upon customs clearance out of Spain. This procedure also requires prior approval by the State Secretariat of Commerce.

Companies are advised to use the carnet procedure to temporarily bring goods into Spain for demonstration purposes without paying duties or posting bond. The carnet must be presented to the customs authorities whenever entering or leaving the country. Consumable items and give-away samples are not included under carnet procedures. ATA carnets are predominantly used for commercial samples, tools of trade, advertising material or cinematographic, audio-visual, medical, scientific, or other professional equipment that will be imported for a period of less than a year. The advantage of the ATA carnet is that it allows exporters to avoid normal customs clearance formalities.
The carnet also provides a financial guarantee to foreign customs officials so that, if the goods are not re-exported, the duty will be paid. A bond equivalent to the duty is charged.

The ATA carnet is used internationally and should be distinguished from the E.U. carnet, sometimes referred to as the ESC carnet. Introduced in July 1985, the E.U. carnet is used for the temporary movement of certain types of goods, usually equipment and working materials, between E.U. countries. Unlike the ATA carnet, it does not require the posting of a bond.

Carnet applications are available from all district offices of the U.S. Department of Commerce, most U.S. chambers of commerce, and authorized export insurance companies. They are also issued by the U.S. Council of the International Chamber of Commerce in New York.

Advertising material, catalogs, price lists, and similar printed items are admitted duty free. However, to avoid any problems such items should always be labeled, "no value". Otherwise, a customs duty is likely to be levied on the sample.

As a signatory to the International Convention to Facilitate the Importation of Commercial Samples and Advertising Matter, Spain admits samples of negligible value duty free. Those items that are of commercial value and not covered under carnet procedures may be imported for up to a year by business people upon payment of a bond. Upon presentation of the customs receipt and at re-export, the deposit is refunded.

Qualifying business people entering with commercial samples should come equipped with a letter from his or her principals attesting to their status, identifying the samples, and certifying that the samples are not for sale. The letter should be certified by the nearest Spanish Consulate.
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