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CHAPTER VI. TRADE REGULATIONS AND STANDARDS A. TRADE BARRIERS, TARIFFS AND IMPORT TAXES With the exception of the country's monopolies in some critical services (e.g. telecommunications, electricity, insurance, refinery, banking services, etc.), and deficiencies in the intellectual property regime, there are no trade barriers that affect the importation of most goods to Costa Rica. As part of its 1990 accession to the GATT during the Uruguay Round, and the trend towards trade liberalization occuring throughout Central America (generally, but not exclusively, through the Central American Common Market, of which Costa Rica is a member), Costa Rica is slowly, but positively, moving towards a more unified and lower tariff and tax system. Overall, the GOCR has agreed to a ceiling binding of 55 percent on tariffs, but selected agricultural products (of which there is substantial local interest) have been "safeguarded" and have much higher tariffs. Examples of this protection afforded to domestic industries are dairy products with a 111 percent tariff and poultry products with a 274 percent tariff. Despite this, the Government of Costa Rica has agreed to allow a quantity equal to 3 percent of national consumption at the 55 percent level, which could provide opportunities for new-to-market U.S. agricultural products in these areas. High tariffs and tax barriers which have restricted the importation of a number of agricultural products from non-CACM countries, especially fruits, wines, and processed products, as well as for many other products, were reduced to a maximum of 20 percent during the first months of 1993, in conformity with other members of CACM. However, the Costa Rican Government announced, (through Executive Decree/March 29, 1995) a new eight percent across-the-board increase in import taxes. As a result the tariff on raw materials increased from 5 to 13 percent and on finished products from 20 to 28 percent. The Government of Costa Rica stated the increase should be considered a temporary measure until a new tax package (known as "Projecto de Ajuste Tributario") can be approved by the Legislative Assembly, hopefully by August or September. Customs duties range from 1 to 28 percent ad valorem. An exception to this range is the 45 percent ad valorem levied on apparel, which will be reduced to 35 percent on July 1, 1995, and reduced again to 25 percent on January 1, 1996. Comparatively low tariffs and import taxes have been an important factor behind the increased growth of U.S. exports of consumer- oriented food, which grew from $10.5 million in 1989 to a record $26.3 million in 1994. Tariff reductions resulting from the GATT Uruguay Round implementation also helped, but most food tariffs are between 14 and 19 percent. Selective consumer taxes for a majority of imported products have been reduced or eliminated. However, products such as wine and beer face a higher consumption tax: 30-40 percent for beer and 35 percent for wine. All imported products face a fixed tax of 1 percent (called the Emergency Tax), and a domestic sales tax of 10 percent (scheduled to go up to 15%). Some domestic products are exempt from the domestic sales tax. Tariffs on most bulk grains are low, at 1 percent. The tariff on milled rice is 55 percent and is 27 percent for rough rice. Costa Rica privatized its wheat and rice import sectorin 1995, although retail prices are still controlled by the government. U.S. exports are more significantly affected by taxes and Central Bank surcharges which include: CONSUMER TAX: There exists a selective consumer tax ranging from 5 percent to 75 percent. This tax applies to about half of all products imported. Some of the products that pay the highest tax percent include arms and munitions (75 percent), costume jewelry (50 percent), fireworks (50 percent), and vehicles (all types, 47 percent). SALES TAX: A sales tax of 10 percent (proposed to increase to 15 percent) is levied on all products and services not destined for offical use by the GOCR. Certain essential items are exempt. SURCHARGE TAX: There is a one percent surcharge imposed on all imports. Items exempt of this surcharge are medicines and raw materials for medicines for human use (not for veterinarian use). TARIFFS ON USED ITEMS: A 1994 decision of the Costa Rican Constitutional Court annulled the depreciation system which benefited all used products with a 20 percent depreciation if the product was one year old, and up to 70 percent depreciation if the product was five or more years old. The new measure will affect all U.S. exporters of used products, especially those exporting used vehicles and parts (with the exemption of automobiles), and used machinery of any type, in which the U.S. has a major role and share in the Costa Rican market. Used products are now subject to import taxes as if they were brand new. Used apparel is not included in this list as this item has its own tariff schedule classification. CUSTOMS VALUATION As in the United States, import duties vary depending on the type of product. Import taxes are calculated as follows: Ad valorem tax: Levied on CIF value; Selective consumer tax: Levied on CIF value and the Ad valorem tax; Sales tax: Levied on the combined CIF value, Ad valorem tax, and the selective consumer taxes; Surcharge (Law 6966): Levied on CIF value only. Known as the Emergency Tax, or the Transportation Tax. It is always 1%. B. IMPORT LICENSES Import licenses are not required for most products. However, pharmaceuticals, drugs, cosmetics, chemical products (solvents and precursor chemicals), require an import permit (to include registration) from the Costa Rican Ministry of Health. Food products that are new-to-market require a registration, and phytosanitary and animal health certification are required by the Agriculture Ministry's Sanidad Vegetal division. These permits must be obtained by the Costa Rican importer. Import permits from the Ministry of Health are valid for five years. Arms and munitions require a licence from the Costa Rican Ministry of Security. The Central Bank no longer licenses imports. Imports and exports are registered for statistical purposes. C. EXPORT CONTROLS Costa Rican exports must be registered with the Central Bank, mainly for statistical purposes. Further, the Government maintains export controls on some products. Exports of livestock, wood and ornamental plants require a license from the Ministry of Agriculture. Metal scrap is subject to an export license from the Ministry of Industry, Energy and Mines. Coffee exports are regulated by the National Costa Rican Coffee Institute (INCAFE). Sugar exports are regulated by the sugar cane organization known as "Liga Agricola de la Ca¤a de Azucar" (LAICA). Gold cannot be exported, and must be sold to the Central Bank at the market rate. D. IMPORT/EXPORT DOCUMENTATION Costa Rica requires no special documentation for entry of goods other than commercial invoices, bills of lading and air-way bills for shipments irrespective of cargo value. Mail shipments require postal documentation. Bulk agricultural products require phytosanitary certificates. Import permits from the Ministry of Health are provided after presentation of certificate of analysis (quantitative-quality certificates) for chemicals (toxic substances, insecticides, pesticides and agricultural inputs). Cosmetics, dairy food products, and free-sale certificates are also required, all of them authenticated by a Costa Rican consulate in the United States. Surgical and dental instruments and machines can be sold only to licensed importers and health professionals Since infractions of documentation laws are taken seriously in Costa Rica, any error or infraction carries a heavy fine. E. TEMPORARY ENTRY Costa Rica is known as a "maquila" or offshore country offering the temporary entry of textile and electronic parts (for example) and the export of finished textile and electronic products. Labor intensive activities in the food processing, textile and electronics assembly operations drawback arrangements with the U.S. Costa Rica's skilled workers and stable political conditions make the temporary admission system particulary attractive for U.S. manufacturing companies. Many "maquilas" are located in the nation's very popular and successful Free Trade Zones (FTZ). Other kinds of temporary entries, such as samples for exhibitions or demonstrations, need a customs bond covering total import duties of the sample. This bond will be reimbursed to the importer after the good(s) has/have been reexported. F. LABELING, MARKING REQUIREMENTS There are no general requirements in Costa Rica for marking the origin of goods or for the labeling of general merchandise. However, special labeling requirements apply to shipments of food products, pharmaceuticals, fertilizers, pesticides, hormones, veterinary preparations, vaccines, poisonous substances, and mouthwashes. Costa Rican food labeling law requires that all imported food products contain labeling in Spanish with the following specifications: product name, list of ingredients in quantitative order (nutritional, name and address of importer, expiration or best if used by dates and weight). Although expiration dates are required on all food products, Costa Rican importers are of mixed opinion when discussing their utility. The Ministry of Economy, Department of Procedures and Labeling is tring to make all the paper work less burdensome for importers. Phytosanitary (USDA/APHIS) or zoosanitary (USDA/FSIS) certificates are required for imports of bulk grain, fresh horticultural products or fresh/frozen meats. Most processed food products (canned, boxed, pre-cooked) do not require phytosanitary or zoosanitary certicates, but exporters should check with their importers on latest requirements. Pharmaceutical samples for promotional purposes may be dispensed only to doctors, dentists, and veterinarians; these samples may not be sold and may only be distributed by accredited doctors. Packages of fertilizers must bear the authorization number of the Directorate General for Agriculture and Livestock and its "seal of guarantee", plus certain other information. Geographic names may be used on labels only when the products come from the place of origin indicated. U.S. exporters are also encouraged to consult with their import distributors/customers and a local lawyer in Costa Rica for additional information. Packages coming into Costa Rica may be marked with either stencil or brush. Weights need not be shown on packages, but each must bear a mark and be numbered. There are no other general requirements regarding how shipments must be marked. Common shipping practices should be followed. In general, all identifying marks, including the consignee's mark with port marks, should be inscribed plainly on the packages to facilitate arrival of the shipment. G. PROHIBITED IMPORTS The Government of Costa Rica prohibites the importation of used tires without wheels. This is a sanitary regulation aimed at protecting the country from the yellow fever mosquito. Besides this prohibition, there are no other restrictions on the importation of products. H. STANDARDS Costa Rica uses U.S. and European commercial and product standards. However a "system of standards" has not been well implemented in Costa Rica due to a lack of adequate laboratory equipment and funds which results in poor quality of local products. The U.S. Department of Commerce's National Institute of Standards and Technology (NIST) is working with Costa Rica on ISO qualification. A NIST seminar was held in Costa Rica in July 1994. In some isolated cases Costa Rican and U.S. companies in Costa Rica are using the ISO designation in their promotional campaigns. According to the Costa Rican Technical Standards Institute (Instituto de Normas Tecnicas de Costa Rica-INTECO), to date only four local companies have obtained ISO 9000 certification: Baxter, Conducen, Trimport and Hules Tecnicos. Two other companies: GTE Sylvania and BTicino are expected to obtain ISO 9000 certification in the near future.