Common use of Temporary Importation of Goods Clause in Contracts

Temporary Importation of Goods. 1. Each Party shall authorize the temporary importation free of import duties or with suspension of the payment thereof, at least to the goods listed below, which are imported from another Party, regardless of their origin and regardless of whether similar goods, direct competitors or substitutes are available in the territory of the importing Party: a) professional equipment necessary for the exercise of the activity, trade or profession of a business person; b) press equipment or equipment for on-air transmission of radio or television signals and cinematographic equipment; c) goods imported for sporting purposes or for exhibition or demonstration purposes including components, ancillary apparatus and accessories; and d) commercial samples and advertising films. 2. Except as otherwise provided in this Agreement, each Party may subject the temporary importation of a good referred to in paragraph 1(a), (b) or (c), free of import duty or with suspension of import duty, to any of the following conditions, and no additional conditions may be adopted: a) that are introduced by natural or juridical persons legally established in the Party, or by nationals of another Party; b) that the property is used exclusively by the person who enters temporarily or under his personal supervision, in the performance of his activity, trade or profession; c) that the property is not sold, leased or otherwise disposed of while it remains in its territory; d) that the temporary importation is secured by a bond or other guarantee not exceeding 110% of the charges that would be caused by the definitive importation of the good, to be released at the time of re-exportation; e) that the good is susceptible to identification upon re-export; f) that the good is re-exported upon departure of the person or within a period that reasonably corresponds to the purpose of the temporary importation, which in no case may exceed six months, extendable to nine months; g) that the good is imported in quantities not greater than is reasonable in accordance with its intended use; and h) that the good is re-exported in the same form in which it was imported. 3. Except as otherwise provided in this Agreement, the Parties may subject the temporary importation of a good referred to in paragraph 1(d) to any of the following conditions free of import duties or with suspension of the payment thereof, without the possibility of adopting additional conditions: a) that the good is imported only for the purpose of obtaining orders for goods or services to be supplied from the territory of another Party or from another non-Party; b) that the property is not for sale or lease and is used only for demonstration or exhibition while remaining in its territory; c) that the good is susceptible to identification upon re-export; d) that the good is re-exported within a period that reasonably corresponds to the purpose of the temporary importation, which in no case may exceed six months, which may be extended to nine months; and e) that the good is imported in amounts not greater than reasonable in accordance with its intended use. 4. Where a good that is temporarily imported free of import duty under paragraph 1 fails to meet any of the conditions that a Party imposes under paragraphs 2 and 3, that Party may require payment of import duties and any other charges that would be incurred on the final importation of the good.

Temporary Importation of Goods. 1. For purposes of this Article, the following definitions shall apply: goods imported for sporting purposes: sporting equipment for use in competitions, sporting events or training in the territory of the Party into which it is imported; goods for exhibition or demonstration purposes: goods for exhibition or demonstration purposes, including components, auxiliary apparatus and accessories; advertising films: recorded visual media, with or without sound, consisting essentially of images showing the nature or functioning of goods or services offered for sale or rental by a person established or resident in the territory of a Party, provided that the films are suitable for exhibition to potential customers, but not for dissemination to the general public; and are imported in packages each containing not more than one copy of each film, and are not part of a larger consignment. 2. Each Party shall authorize the temporary importation free without payment of import duties or with suspension customs duty of the payment thereof, at least to the following goods listed below, which that are imported from another the territory of the other Party, regardless of their origin and regardless of whether similar goods, direct competitors or substitutes are available in the territory of the importing Party: (a) professional equipment necessary for the exercise of the activity, trade or profession of a business person; (b) press equipment or equipment for on-air transmission the broadcasting of radio or television signals and cinematographic equipment; (c) goods imported for sporting purposes purposes, or for exhibition or demonstration purposes including components, ancillary apparatus demonstration; and accessories; and d) commercial samples and advertising films. 23. Except as otherwise provided in this Agreement, each Party the Parties may subject the temporary importation without payment of customs duty of a good of the type referred to in paragraph 1(asubparagraphs (a), (b) or (c), free ) of import duty or with suspension of import duty, paragraph 2 to any of the following conditions, and provided that no additional conditions may be adopted: (a) that are introduced the good is imported by natural a person of the other Party or juridical persons legally established in the Party, or by nationals of another Partyits representative; (b) that the property good is used exclusively by the person who enters temporarily or by his representative, or under his personal supervision, in the performance course of his activitytrade, trade craft or profession; (c) that the property good is not sold, leased or otherwise disposed of while it remains in its territory; (d) that the temporary importation good is secured accompanied by a bond or other guarantee not exceeding 110% of the charges that would be caused by due, if any, for entry or final importation, or the definitive importation other form of security, refundable at the time of exportation of the good, to except that no bond may be released at the time of re-exportationrequired for customs duties on an originating good; (e) that the good is susceptible to capable of identification upon re-exportwhen exported; (f) that the good is re-exported upon departure of the person or his representative, or within a period that of time reasonably corresponds corresponding to the purpose of the temporary importation, which in no case may exceed six months, extendable to nine months; (g) that the good is imported in quantities not greater than is reasonable in accordance with its intended use; and (h) that the good is re-exported in the same form condition in which it was imported. 34. Except as otherwise provided in this Agreement, the Parties may subject make the temporary importation without payment of customs duty of a good of the type referred to in paragraph 1(d2(d) subject to any of the following conditions, provided that no additional conditions free of import duties or with suspension of the payment thereof, without the possibility of adopting additional conditionsmay be adopted: (a) that the good is imported only for the purpose of obtaining lifting orders for goods or services to be supplied from the territory of another the other Party or from another non-Party; (b) that the property good is not for sale or lease and is used only for demonstration or exhibition while remaining in its territory; (c) that the good is susceptible to capable of identification upon re-exportwhen exported; (d) that the good is re-exported within a period that of time reasonably corresponds corresponding to the purpose of the temporary importation, which in no case may exceed six months, which may be extended to nine months; and; (e) that the good is imported in amounts quantities not greater than is reasonable in accordance with its intended use; and (f) the good is accompanied by a bond not exceeding 110% of the charges, if any, that would be due on entry or final importation, or such other form of security, refundable upon exportation of the good, except that no bond may be required for customs duties on an originating good. 45. Where a good that is temporarily imported free of import duty under paragraph 1 fails to meet any of the conditions that a Party imposes under paragraphs 2 3 and 34, that Party may require payment of import apply the customs duties and any other charges that would be incurred due on the entry or final importation of the good.

Temporary Importation of Goods. 1. Each Party shall authorize the temporary importation free of import duties or with suspension customs duty of the payment thereof, at least to the goods listed below, which below that are imported from another Partythe territory of the other Party into its territory, regardless of their origin origin, and regardless of whether similar goodsthat like, direct competitors directly competitive or substitutes substitute goods are available in the territory of the importing that Party: (a) professional vehicles entering the customs territory for tourism purposes; (b) goods to be exhibited at international fairs, exhibitions, conventions or congresses; (c) equipment, vehicles, animals and other merchandise owned by circuses or similar public spectacles; (d) press, radio and television broadcasting equipment and material; cinematographic equipment and material; and equipment and material necessary for the exercise of the activitya person's art, trade or craft, profession of a business personand occupation; b(e) press goods to attend situations caused by catastrophes or natural phenomena, including medical-surgical and laboratory equipment or equipment and material, for onnon-air transmission of radio or television signals and cinematographic equipmentprofit activities; c(f) goods imported used to be exhibited and to support an activity of strengthening and dissemination of the arts, and those qualified as educational, religious and cultural by the competent authority; (g) goods that serve as technological support or complement of scientific research, authorized by the competent authority, including the personal implements of scientists; (h) machinery, equipment, apparatus, tools and instruments to be used in the execution of works or rendering of public services that are introduced directly by contractors, under special laws or administrative contracts; (i) goods that the Party imports temporarily for sporting purposes the fulfillment of its purposes; (j) special materials , transport elements or containers reusable, used for exhibition the handling and protection of goods; (k) the units and means of transport subject to customs controls of any kind; and the parts, pieces and equipment destined for their repair, which must be incorporated in the transport units. Replaced parts, pieces and spare parts shall be destroyed under control of the customs authority. The parts, pieces and equipment related to this subsection shall be subject to the requirements and conditions established by the customs authority for their temporary importation. Vehicles and transport units may not be used for internal transport within the customs territory, except as established for transit by sea or air; (l) those used for the demonstration purposes including componentsof products and their characteristics, ancillary apparatus quality tests, exhibition, advertising, publicity, propaganda and accessoriesothers, provided they are not commercialized; (m) cinematographic films, magnetic tapes, magnetized films and other sound and image supports, for the purpose of being soundtracked, dubbed, exhibited or reproduced, provided they are authorized by the copyright holder; (n) those intended for air services of companies with an operating certificate or provisional registration granted by the aeronautical authority of the importing Party; and d(o) commercial samples and advertising filmsthose authorized by specific regulations, international agreements or by the customs authority. 2. Except as otherwise provided in this Agreement, each no Party may subject the temporary importation free of customs duty of a good referred to in paragraph 1(a), 1 to conditions other than those set out below: (a) imported by a national or resident of the other Party; (b) or (c), free of import duty or with suspension of import duty, to any of the following conditions, and no additional conditions may be adopted: a) that are introduced by natural or juridical persons legally established in the Party, or by nationals of another Party; b) that the property is used exclusively by the person who enters temporarily visitor, or under his or her personal supervision, in the performance of his or her activity, trade or profession; (c) that the property is are not soldsubject to sale, leased lease or otherwise disposed of transfer in any other form while it remains they remain in its territoryterritory under the temporary import regime; (d) that for goods falling under subparagraphs (l) and (m) of paragraph 1 and for samples and samples for non-commercial purposes, the temporary importation is secured by customs authority shall require the presentation of a bond or other guarantee not exceeding 110% guarantee, which may be of a global nature, to cover the total amount of any applicable taxes as established in the national legislation of each of the charges that would Parties. For the categories indicated in subparagraphs (a), (d), (e), (f), (g) and (i) of paragraph 1, the customs authority shall not require any guarantee. In the other categories not indicated in this subparagraph, the customs authority shall determine the cases in which it is necessary to present a guarantee, which may be caused of a global nature, when so required by the definitive importation nature of the good, operation; (e) which is capable of identification by any reasonable means established by the customs legislation of each Party; (f) to be released at the time of re-exportation; e) that the good is susceptible to identification upon re-export; f) that the good is re-exported upon the departure of the that person or within a the period that reasonably corresponds corresponding to the purpose of the temporary importation, which in no case may exceed six months, extendable to nine months; (g) that the good it is imported in quantities not greater than is reasonable reasonable, in accordance with its intended use; anduse and in conformity with the customs legislation of each Party; (h) that it does not undergo any transformation or modification during the good is re-exported authorized import period, except for wear and tear due to normal use of the merchandise; or (i) that it complies with the sanitary and phytosanitary measures and with the applicable standards, technical regulations and conformity assessment procedures, in accordance with the same form in which it was importedprovisions of Chapters VIII (Sanitary and Phytosanitary Measures) and IX (Technical Barriers to Trade), respectively. 3. Except as otherwise provided in this Agreement, the Parties may subject the temporary importation of a good referred to in paragraph 1(d) to any of the following conditions free of import duties or with suspension of the payment thereof, without the possibility of adopting additional conditions: a) that the good is imported only for the purpose of obtaining orders for goods or services to be supplied from the territory of another Party or from another non-Party; b) that the property is not for sale or lease and is used only for demonstration or exhibition while remaining in its territory; c) that the good is susceptible to identification upon re-export; d) that the good is re-exported within a period that reasonably corresponds to the purpose of the temporary importation, which in no case may exceed six months, which may be extended to nine months; and e) that the good is imported in amounts not greater than reasonable in accordance with its intended use. 4. Where a good that is temporarily imported free of import duty under paragraph 1 fails to meet and does not comply with any of the conditions that a Party imposes under paragraphs 2 and 3pursuant to paragraph 2, that Party may require payment of import apply the customs duties and any other charges that would be incurred due on the entry or final importation of the good.