Customs duties and other import taxes for consumption applied are those in force on the date of birth of the customs tax obligation under the provisions of article 140 of the General Customs Law. The tax base to determine import taxes is the customs value.
The WTO Valuation Agreement governs customs valuation in Peru. Peruvian customs (SUNAT) uses a reference price verification system (Price Verification System, SIVEP) and a related database to consult merchandise prices from each country and supplier. This practice enables comparing declared values in commercial invoices and merchandise prices taken from said database.
SUNAT accepts discounts, as long as they are detailed on the invoice and not included in the normal sale’s value. SUNAT often requests payment terms and proof of payment. In addition, the manufacturer’s price list, certified by the Peruvian consulate in the country of purchase, is often requested. This price list should not be explicitly addressed to the importer but include general information. SUNAT must review and accept the price list. This system has resulted in several complaints from local importers claiming that SUNAT is over-assessing values. The customs chapter of the U.S.-Peru Trade Promotion Agreement (PTPA) addresses the referential pricing issue and is consistent with Peru’s WTO obligations.
In 2018, representatives of SUNAT and the U.S. Customs and Border Protection (CBP) signed an Authorized Economic Operator (AEO) trusted merchant program, promoted by the World Customs Organization (WCO). The AEO is designed to streamline customs clearance processes for certified businesses between the two countries and is a significant step in facilitating legitimate trade.
In recent years, Peru has implemented various changes in customs procedures following earlier regulatory updates. Modernization of the computing platform and programs of the Peruvian Customs has contributed to improved efficiency in customs control and has influenced costs and processing times in the merchandise release process. Nearly the entire customs process is now carried out virtually, with reduced physical documentation, before the merchandise arrives at a given port of entry. In addition, the system incorporates enhanced risk management capabilities, supports the payment of taxes and application of prior guarantees, and reflects updates to the Harmonized Tariff Classification System.