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Brazil Import Regs.: Used Equipment

Come here to discuss the Brazil's standards of various industry, products registration and import regulations as well as tariff information.

Brazil Import Regs.: Used Equipment

Postby bridgat » Mon Nov 17, 2008 3:42 pm

The importation of used goods in Brazil is subject to requirements established in Chapter VI of the SECEX Portaria #35 of November 24, 2006 (as modified) which modifies and consolidates all previous legislation governing such imports. Specific administrative procedures for imports of used equipment are established by Portaria #235 of December 7, 2006.

In addition, MDIC Portaria 535/03 of December 22, 2003 establishes specific conditions that would allow for the importation of used machinery, equipment, apparatus, tools, molds and containers used for shipping. In addition, the primary legislative authority is encompassed by Portarias Decex 8/91 and NICT 370/94. All imports of used are subject to non-automatic licensing regime.

As a general rule, imports of machines, equipment, instruments, implements, tools and containers as cargo units, are authorized under the condition of used goods, provided that the following requirements are cumulatively satisfied:

(i) that such goods are not produced in Brazil and that there is no similar product in the domestic market; and

(ii) that the age of such goods, on the import application registration date is lower than the limit of its useful life, which shall be duly evidenced in a technical inspection and appraisal report submitted along with the Import License application, or equivalent document.

As regards similarity, SECEX publishes all applications for imports of used goods, requiring domestic industries to comment within thirty (30) days in order to prove the existence of a similar product manufactured in Brazil, except when an application refers to a product that is evidently not manufactured in Brazil, in which case said publication will then be not necessary.

As for the submission of the technical inspection and appraisal report of goods mentioned in item (ii) above, this report shall be signed by a specialized, technically capable and reputable entity, and will need to itemize:

a) the year of manufacture;

b) the year of rebuilding, reconditioning, or renovation, indicating the parts or components replaced and their overall value;

c) a statement to the effect that the operating conditions and tolerances continue identical to those of comparable new units, within the technical standards in force and effect in the country of origin;

d) a list of technological differences that exist between the inspected unit and a new unit of the same kind;

e) the average useful life of the product;

f) the market value, reproduction value (i.e., value of a similar but new product), and the replacement value (i.e., the value of a technologically updated equivalent product); and

g) the net weight.

Importation of used consumer goods is not authorized, with the exception of imports without exchange cover, in the way of gifts, directly conducted by the Federal Government, Federal District, Territories, Municipalities, independent government entities, entities of the indirect Public Administration, educational, scientific and technological institutions and eleemosynary entities, acknowledged as of public interest and not-for-profit, for own use or to accomplish their institutional purposes, and not of a commercial nature.

The importation of reconditioned parts, components and accessories for the maintenance of machines and equipment may also be authorized, provided that:

(i) the reconditioning process has been conducted by the manufacturer itself;

(ii) the products to be imported contain the same warranty as the equivalent new product; and

(iii) they are not manufactured on Brazilian Territory.

With regard to item (iii), the importer may present manifestation from the entity representative of the industry, of a nationwide scope, that evidences the nonexistence of the manufacture in the Country of the merchandise to be imported. In the aforementioned case, the Import License or equivalent document, the commercial invoice and packaging of the merchandise, need to highlight that the product involved is reconditioned. A statement from the manufacturer relating to the price of the new product, identical to the intended reconditioned product need also to be submitted.

For importation of parts and components for maintenance, the presentation of a technical inspection and appraisal report of the material to be imported, normally required for the importation of used goods, is not necessary.

Computer Equipment

Refurbished computer equipment cannot be imported into Brazil.

Importation of Used Goods Without Exchange Cover as Foreign Investment

In accordance with article 1, IV of Central Bank of Brazil (BACEN) Circular 2.731, of December 13, 1996, imports of goods without foreign exchange cover to be used for the payment of the capital of Brazilian companies, i.e., imports as foreign investment in goods, are subject to the Registration of Financial Operations (ROF) at BACEN.

This registration is part of BACEN’s Electronic Declaratory Registration (RDE) system and shall be performed by the importer prior to the Import Declaration (ID), through one of the electronic operations available on the Central Bank Information System (SISBACEN) or Integrated Foreign Trade System (SISCOMEX).

The term for each ROF is one hundred and eighty (180) days. If the goods are not brought into the country by the end of this term, the ROF is automatically cancelled. Moreover, the import ROF registration in question implies the commitment of incorporating the goods into the company’s assets and their maintenance for a minimum period of five (5) years, during which time the recipient company will be subject to inspection by BACEN.

When foreign investment are directed to used goods, BACEN requires that the remaining useful life of these goods shall be of more than five (5) years. In addition, the recipient company of the investment must maintain the technical appraisal report of the goods on file in case of inspection. In these cases, BACEN does not verify the existence or not of a similar Brazilian product, since this inspection is carried out in a previous phase by SECEX, as mentioned in item I above.

Lastly, in accordance with the provision in the sole paragraph of article 4, of BACEN Circular 2.997, of August 15, 2000, the company shall arrange for the electronic declaratory registration of the foreign investment in goods within ninety (90) days from the customs clearance date of the goods, which can be done electronically in SISBACEN.
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