CAtrade Consulting

Estados unidos anuncia investigación contra 60 países

CAtrade Consulting — Wed, 18 Mar 2026 21:10:48 +0000

The United States government announced an investigation into 60 countries to assess whether they allow the import of goods produced with forced labor and whether they compete with American products.

Most of the countries involved lack regulations addressing this issue, not due to a lack of political will, but rather due to limitations in economic and human resources, among other factors. A ban on imports could jeopardize not only the independence of the trade policies of the economies under investigation, but also their relationships with third-party trading partners and their ability to secure supplies.

Learn more in the article published by our partner-consultant Juan Luis Zúñiga:

The post The United States announces investigation into 60 countries first appeared on CAtrade Consulting.

Intercambiar con certeza jurídica los bienes producidos en los países centroamericanos: relevancia del Derecho Comunitario Centroamericano en el comercio regional

CAtrade Consulting — Mon, 16 Jun 2025 12:59:02 +0000

The Central American economic integration process is long-standing, formalized in the 1960s with one objective in mind among the countries that are part of the process –Costa Rica, Guatemala, El Salvador, Honduras and Nicaragua, and later, Panama-, to facilitate trade in goods between countries through integration of countries that goes beyond a free trade zone, and is moving towards a common market.

The General Integration Treaty Economic has been approved by countries since the sixties, identifying the need to reduce non-tariff barriers that affect trade between countries, including health records. This is how this Treaty includes in its article 1 that:

The States Contracting parties agree to establish a common market between them which shall remain perfected within a maximum period of five years from the date of entry into force of this Treaty. They also undertake to form a union customs between its territories.

The countries later complemented this provision through the 1993 Guatemala Protocol, which establishes in its Article 15 that:

The Member States undertake to establish a Customs Union between their territories, with the aim of providing freedom of transit for goods regardless of their origin, subject to the nationalization of products from third countries in one of the Member States. This Customs Union will be achieved gradually and progressively, based on programs to be established for this purpose and approved by consensus.

And with this objective in mind, it is reinforced in Article 26 of the same Protocol that “States Parties undertake to harmonize and adopt common technical standards and regulations market that will be directed solely at meeting the requirements for the protection of human, animal and plant health, the environment, safety and compliance with minimum quality standards.”

With this legal basis, the Central American countries begin a process of negotiation and approval of Central American technical regulations known as "RTCA”, through which they harmonize the technical specifications that will be required by countries for their entry, sanitary registration, and subsequent commercialization, for goods such as processed foods, medicines for human use, cosmetics, hygiene products, household pesticides, pet food, veterinary products, among others.

In the process of developing the RTCA in the 2000s, questions arose in the countries about the scope of the RTCA in relation to their internal regulations and legislation, which is why a thorough review of the regional legal framework, known as Central American Community Law which constitutes a normative body whose application and enforcement in the countries is mandatory in light of the regional legal framework, which was approved by the congresses of the countries, including Costa Rica.

It is important to note that the Central American countries are part of the General Treaty of Central American Economic Integration and its protocols, signed and approved by Congress, which reaffirms Central American Community Law and is fundamental to the Principle of Administrative Legality.

The RTCAs are approved through resolutions signed by the Council of Ministers of Economic Integration (COMIECO), which has the legal authority to approve administrative acts of the Central American Economic Integration Subsystem (Article 38 of the Protocol). These acts are binding on the countries and enter into force on the date established by the resolution. The Guatemala Protocol states:

Article 55
1. The administrative acts of the Economic Integration Subsystem shall be expressed in Resolutions, Regulations, Agreements and Recommendations.

2. Resolutions are the mandatory acts through which the Council of Ministers of Economic Integration adopts decisions regarding internal matters of the Subsystem, such as those relating to the functioning of the bodies and the monitoring of institutional policies for economic integration.
(…)
6. The Resolutions, Regulations, and Agreements shall be deposited with the General Secretariat of the Central American Integration System (SGSICA) and shall enter into force on the date they are adopted, unless otherwise specified. (…) (emphasis not in the original)

This commitment was made by the Central American countries since they joined the TGIEC, and they must comply with Central American community regulations and their implementation by the established date.

Furthermore, the RTCA, being a right derived from the TGIEC, has hierarchical superiority over national laws and other regulations such as executive, ministerial, and other decrees, as it has the status of an international agreement supported by the TGIEC.

Pursuant to the above, the Central American Technical Regulations (RTCA), approved by the Central American countries through a COMIECO resolution, are binding and have legal precedence over the national laws of the Central American countries, including Costa Rica.

On this aspect, in the particular case of Costa Rica, it is important to bring to mind what was indicated by the Constitutional Court in its Vote No. 4638-96 at nine hours three minutes on September 6, 1996, on the immediate applicability, direct effect and supremacy of Central American Community Law (COMIECO resolutions) when stating:

…II.- Characteristics of Community Law: Doctrinally, it is defined as an organized and structured set of legal norms, with its own sources and appropriate bodies and procedures for issuing, interpreting, applying, and enforcing them. While international law promotes international cooperation, Community Law promotes the integration of the countries involved. Therefore, it has been said that it constitutes a new legal order of international law, characterized by its independence and primacy, characteristics inherent to its existence.

Community law has a great penetration into the internal legal order of the Member States, which is manifested in the immediate applicability, his direct effect and his primacyThe Community constitutes a new international legal order, for the benefit of which the member states have limited, albeit narrowly, their sovereign rights. Community law gives rise to rights and obligations, not only for the member states but also for their citizens. It is precisely because of the importance of the regulations that are intended to be approved - which, as indicated, may transfer powers - that it is desirable for specialists in the field to analyze, prior to the signing of the treaties that are intended to be subscribed to in this field, the scope and compatibility of these instruments with the internal order and system... Without a doubt, the core of integration are the treaties, which can be of two types: those of an institutional nature, which articulate and structure the system and its institutions, and those that develop them in a uniform, clear, concrete manner and which usually contain the regulations in which the States transfer powers to the community organization, for the fulfillment of the purposes that are of interest to them... Consequently, it is important to note that all the regulations approved in the integration process constitute an authentic legal system, which, by its nature and the purposes it pursues, falls within what has been defined as Community Law. (emphasis not in the original)

In accordance with the above, and given that the regional legal instruments give COMIECO powers for its actions, it is correct to conclude that the administrative acts emanating from COMIECO are valid and effective in the Costa Rican legal system, they have IMMEDIATE APPLICABILITY, DIRECT EFFECT AND PRIMACY, since they arise from a competence derived from the General Treaty of Central American Economic Integration and its Protocols, which was duly approved by the country's Legislative Assembly.

It is even relevant to mention that the General Law of Public Administration recognizes this legal status in its article 6, which establishes that:
1. The hierarchy of the sources of the administrative legal system shall be subject to the following order:
a) The Political Constitution;

b) International treaties and regulations of the Central American Community;

c) Laws and other acts with the force of law;

d) The decrees of the Executive Branch that regulate the laws, those of the other Supreme Branches in the matter of their competence;

e) Other regulations of the Executive Branch, the statutes and regulations of decentralized entities; and

f) Other rules subordinate to central and decentralized regulations. (…) (emphasis not in the original).

For all countries of Central America, the economic integration scheme continues to be an opportunity to increase trade in goods by simplifying exchange processes, but it also represents a responsibility for the governments of the countries to respect and fulfill the commitments assumed in Central American Community Law, in a serious and forceful manner in favor of the rule of law.

Status of COMIECO Resolution No. 483-2023

According to the legal analysis conducted, COMIECO Resolution No. 483-2023, which approves the reform to the RTCA Registry of Processed Foods. Procedure for the granting, renewal, and modification of the Sanitary Registry, entered into force on August 5, 2024, as established by the COMIECO resolution itself. This entry into force is not affected by its publication or non-publication.

Since that date, compliance with the new RTCA Food Registry is mandatory in all countries, including Costa Rica, which has not yet published this resolution, thus violating its legal obligation under Central American Community Law.

It must be remembered that the State is covered by the Principle of Administrative Legality Therefore, it can only do what is expressly permitted, which is why, in terms of sanitary registration of processed foods, it is limited to what is established in the RTCA approved by COMIECO Resolution No. 483-2023.

In a responsible and professional manner, and in compliance with regional commitments, Costa Rica must fully implement the RTCA Processed Food Registry approved in COMIECO Resolution No. 483-2023, as is legally appropriate and appropriate within the framework of Central American Community Law.

The post Exchanging goods produced in Central American countries with legal certainty: relevance of Central American Community Law in regional trade first appeared on CAtrade Consulting.

TLC emblemáticos: lecciones aprendidas

CAtrade Consulting — Wed, 06 Sep 2023 15:41:04 +0000

On August 30th, our partner Edgar Tenorio, consultant and advisor in international trade, participated in the event: Landmark FTAs: Lessons Learned, organized by the Foreign Trade Observatory of the State Distance Education University (OCEX). The event presented a comprehensive analysis of the main trade impacts of three emblematic Free Trade Agreements that have been in effect for 10 years. These FTAs correspond to DR-CAFTA, the AACUE, and the Costa Rica-China FTA.

Below you can see the full recording of the activity carried out by the OCEX

The post Landmark FTAs: Lessons Learned first appeared on CAtrade Consulting.

Cápsula informativa: El ChatGPT y la clasificación arancelaria: ¿enemigo o aliado?

CAtrade Consulting — Wed, 01 Mar 2023 21:35:13 +0000

Ref.: Tariff classification

International trade is becoming increasingly complex and intricate. The tariff classification of traded goods has historically been a complicated but fundamental technique for conducting trade transactions between all countries on the planet. A few years ago, customs professors argued that the interpretation of the rules of the Harmonized Commodity Description and Coding System (HS) would always be reserved for humans, that is, for professionals specializing in merchandise and tariff classification. But, as nothing lasts forever and the world evolves, the 21st century marks new directions and potential disruptions to old paradigms.

Just a few weeks ago, the trivialization and viralization of ChatGPT-Open AI sparked a huge global debate about the use of artificial intelligence for various purposes.

ChatGPT defines itself as a model that “can generate coherent and natural responses to questions and comments in real time, making it useful for applications such as chatbots, virtual assistants, and dialogue systems.” Many users who have tried its conversational interface emphasize one point: ChatGPT’s ability to offer very human-like responses. (Taken from https://blogs.funiber.org/)

Just as there are virulent detractors, there are also fervent fans of this new technological tool. In the midst of the Industry 4.0 era, it doesn't seem like a good time to question technological advances, nor to elevate it to the pedestal of the Olympian gods. We must be pragmatic and use technology as a support tool, as a means and not as an end in itself. We mustn't fall into the trap of blindly believing everything a machine tells us, but neither should we waste its advantages to support human expert judgment. So far, we are still necessary. Tomorrow, we don't know!

Regarding tariff classification, three simple examples using ChatGPT: One wrong answer, one indeterminate answer, and one correct answer.

**********************

Query #1: What is the tariff classification of a non-living edible insect?

ChatGPT response:

The tariff classification of non-living edible insects may vary by country and by country-specific legislation. Generally speaking, non-living edible insects can be classified as animal products and may have a specific tariff code within that category.

However, some countries may have specific tariff codes for edible insects, as these products are relatively new in many markets and their exact classification is not yet fully established.

To determine the precise tariff classification of dead edible insects, it is recommended to consult the tariff schedule for the country of origin or destination of the goods. This information can be obtained from customs or the foreign trade department of the country in question. Additional details about the product, such as its presentation or intended use, may also be required for proper classification.

ChatGPT response type: Undetermined.

Correct answer: The classification of a “non-living edible insect” does not depend on the country and legislation, since according to Legal Note 2 b) of the HS, these insects are classified in the HS under heading 04.10.

********************

Query #2: Where are fresh pineapples classified?

ChatGPT response:

The tariff classification of fresh pineapples may vary depending on the tariff classification system used in each country. In general, fresh pineapples are usually classified as fresh fruit, with further subclassification based on the type and variety of pineapple.

For example, in the Harmonized System (HS) tariff nomenclature, which is widely used internationally, fresh pineapples are typically classified under category 2008.90.00, which refers to “fresh fruit, excluding citrus fruits and bananas,” and there may be more specific subcategories depending on the country.

It is important to note that the specific tariff classification of fresh pineapples may vary depending on the country of origin and destination, as well as other factors such as pineapple variety, ripeness, and presentation (e.g., whether cut or peeled). Therefore, if you need more detailed and precise information on the tariff classification of fresh pineapples in a particular country, it is recommended to consult with the customs authorities or a trade specialist. international.

ChatGPT response type: incorrect

Correct answer: The classification of “fresh pineapple” by RG1 is subheading 0804.30.

*********************

Query #3: Where are cell phones classified in the HS?

ChatGPT response:

Cellular telephones are classified under the category “Telephones for cellular or other wireless networks” in the Harmonized System (HS) tariff nomenclature.

Specifically, they are classified under subheading 8517.12.00, which refers to "Cellular telephones and other equipment for cellular or other wireless networks." This subheading is located within heading 8517, which refers to "Telephony apparatus, including mobile telephones and telephones for cellular or other wireless networks."

It should be noted that the tariff classification of cell phones may vary depending on the country of origin and destination, as well as other factors such as the type of device and its specific features. Therefore, if you need more detailed and accurate information on the tariff classification of cell phones in a particular country, it is recommended to consult with customs authorities or an international trade specialist.

ChatGPT response type: correct

Correct answer: like ChatGPT, the classification of “cell phones”, according to RG1, is subheading 8517.12

Corollary. Regarding tariff classification when using ChatGPT, for now, neither everything is true nor everything is false. Determining whether an answer is correct or incorrect is up to you, not the artificial intelligence tool.

If you have any questions or require advice on this or other topics, please contact us.costarica@catradeconsulting.com

The post Information Capsule: ChatGPT and Tariff Classification: Enemy or Ally? first appeared on CAtrade Consulting.

Buscan crear más empleos y crecimiento económico en el triángulo norte de Centroamérica

CAtrade Consulting — Wed, 18 Jan 2023 14:44:29 +0000

Our partner Johanna Hill participated in the regional conference organized by the George W. Bush Institute, Fundesa, Fusades, and the Eléutera Foundation, where the need for the Northern Triangle countries to work together to boost economic growth, job creation, and reduce migration was discussed.

Click to read the full news.

The post They seek to create more jobs and economic growth in the northern triangle of Central America. first appeared on CAtrade Consulting.

Restricciones comerciales: los casos de aguacate y lácteos

CAtrade Consulting — Fri, 02 Dec 2022 17:23:13 +0000

Cápsula informativa: Agritech y Foodtech: el futuro del comercio agrícola y agroalimentario

CAtrade Consulting — Wed, 02 Nov 2022 00:11:19 +0000

Traditional agriculture must be integrated into the technological revolution. The planet, markets, and consumers demand it. Agricultural ventures are emerging every day. Central America should be a key player in this process of change. It's not easy, but the challenge promises excellent returns in the short and medium term.

The agritech and the foodtech These are global megatrends that, rather than being a source of concern, should be part of the agenda of countries that continue to depend on agriculture and aspire to improve their productivity. State policies related to agricultural trade, aimed at agricultural, livestock, and fisheries production, the development of new products, the promotion of investment, and foreign trade, should be closely linked to new data science technologies, such as blockchain, bigdata, augmented reality, robotics, among others.

If governments, academia, and businesses don't embrace new trends, we in the region will continue to be "recipients" of new advances. Others will reap the benefits. Just remember how the Swiss became world leaders in chocolate production. gourmet without having a single cocoa tree in their territory, or how the Italians and French process millions of tons of coffee and have sophisticated the production of machines linked to that industry, while many developing countries in America, Africa, and Asia continue to export the golden bean without added value. We must work hard to change history and avoid the effect déjà vu.

various organizations and startup are researching and developing in the field of agriculture and the food tech, inventing products from soil technology, through precision technology, to solutions for big data to help distribute local food. The region's Agritech market was valued at $1.21 billion in 2021, with projected growth to $2.13 billion in 2026.https://www.entrepreneur.com/es)

Consumers are increasingly sophisticated and concerned about the environment and eating healthier foods with less polluting packaging. Food traceability, from farm to table, is now more appreciated and better rewarded. Fair trade is the reason for thousands of certifications. It's not unusual to find sneakers made from coffee grounds on store shelves or online platforms, kitchen utensils made from sugarcane bagasse or wheat fiber, foods processed with insect flour, lab-grown meats, tablets or pills containing turmeric, ginger, acerola, and dozens of superfoods, including fruits, spices, and other agricultural products.

The region's potential is enormous. It's now or never!

If you have any questions or require advice on this or other topics, please contact us. costarica@catradeconsulting.com

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Cápsula informativa: Desarmonización al clasificar mercancías según el Sistema Armonizado. ¿Incongruencia o realidad?

CAtrade Consulting — Wed, 12 Oct 2022 17:22:14 +0000

Ref.: Tariff classification

To import or export goods, member countries of the World Customs Organization (WCO) use an international instrument called the Harmonized Commodity Description and Coding System (HS). This instrument allows for the uniform identification of the numerical code and description (classification) at the six-digit level (subheading) applicable to any merchandise subject to international trade.

The objective of the HS is to facilitate the exchange of trade and information among the countries that use it by harmonizing the description, classification, and coding of goods subject to international trade. The following questions arise: Do countries apply the HS in a harmonized manner? Is the objective of harmonization promoted by the HS being lost? And is it inconsistent to call the instrument the HS, given the frequent differences between countries when classifying certain goods?

To answer this question, it must be acknowledged that, currently, it is not difficult to identify specific cases of goods for which the customs authorities of different countries have issued divergent classification criteria. Examples include: medicines for human or veterinary use, food supplements, cosmetic preparations, liquid crystal displays, paints, alcoholic beverages, transportation vehicles, high-tech equipment, among others. This is a reality in Costa Rica and in all countries around the world, one that we cannot ignore, but that we must confront. Rather than worrying, we must address it and approach it based on the specific case at hand.

A reasonable way to do this is within the hands of Costa Rica's customs authorities. Customs policy actions should be implemented aimed at processing and issuing advance rulings on tariff classification, ideally through digital platforms. This would help generate greater legal certainty in this area. However, if in a specific case there is a discrepancy between a tariff classification criterion issued by the customs authorities of a foreign country and a criterion issued by our customs authorities, the International Convention on the Harmonized System establishes that "any dispute not resolved through good offices may be submitted by the disagreeing Parties (Governments) to the Harmonized System Committee of the World Customs Organization (WCO), which shall examine it and make appropriate recommendations for resolution."

If you have any questions or require advice on this or other topics, please contact us. costarica@catradeconsulting.com

The post Information Capsule: Disharmony in Classifying Goods According to the Harmonized System. Inconsistency or Reality? first appeared on CAtrade Consulting.

Mercado del arroz: regulación actual y acciones para su apertura

CAtrade Consulting — Mon, 10 Oct 2022 16:12:13 +0000

Cápsula informativa: Empresas de Servicios de Logística en Costa Rica: una gran oportunidad para impulsar un cambio de paradigma en materia logística

CAtrade Consulting — Tue, 13 Sep 2022 15:37:19 +0000

In Costa Rica, since the early 1980s, government policies have focused on trade liberalization, export promotion, and foreign direct investment. This path led us to develop one of the most successful free trade zone (FTZ) regimes in Latin America and, arguably, in the world, which, after more than 30 years, has become the cornerstone of the national economy.

In this context, Law 7210 (Free Trade Zone Regime Law), enacted in the late 1990s, gave a boost to the manufacturing industry (processing of goods) and promoted the emergence of many service companies.

Although hundreds of manufacturing companies established themselves in the country in the first two decades, logistics services remained lagging and anchored in traditional warehousing and logistics models, such as bonded warehouses. Furthermore, logistics services were not covered under the umbrella of the free trade zone regime. This imbalance, sooner or later, would be resolved, as the growth of manufacturing companies must necessarily be accompanied by a modernization of logistics services and the emergence of a vigorous and modern logistics cluster.

Fortunately, in the last decade, there have been important regulatory changes that have allowed Logistics Service Companies, known as "SEL Companies," to operate under the Free Trade Zone Regime. SELs are companies dedicated to providing comprehensive logistics services, such as inventory planning, control, and management; as well as selection, packing, packaging, fractionation, invoicing, labeling, unpacking, division, classification, repackaging, repacking, rebranding, grouping, and distribution of goods.

The first reform, motivated by visionaries from the public and private sectors, occurred in July 2011 (DE 36725-COMEX-H) and aimed to add a chapter to the current regulations governing SELs. Faced with the urgent need to modernize the logistics sector, several pioneering companies became the first SELs between 2012 and 2018. Despite bureaucratic obstacles, cumbersome procedures, and limitations in public management, which have impeded the further development of SELs, seven years later, in November 2018, DE 41263-COMEX-H was published to clarify, organize, and update the SEL regulations.

Almost four years after this latest regulatory reform, and practically eleven years after the birth of the SELs, there are still obstacles and pending tasks that state institutions have not been able to address more quickly, for example, the modernization of customs procedures, the connection of companies' inventory systems with the TICA information system, the elimination of unnecessary Technical Notes (permits or authorizations), the possibility of distributing merchandise from the SELs destined for the Golfito Free Trade Warehouse and the IMAS Stores, among others.

If you have any questions or require advice on this or other topics, please contact us. costarica@catradeconsulting.com

The post Information Capsule: Logistics Service Companies in Costa Rica: A Great Opportunity to Drive a Paradigm Shift in Logistics first appeared on CAtrade Consulting.