The demand arose due to an error made by the exporter during the loading of the containers, as goods from different operations ended up mixed in the same cargo unit. This, in turn, triggered a series of errors in both imports and ultimately resulted in the retention of two Import Declarations belonging to the company under a special customs control procedure.

After a thorough analysis of the documents and verification of the exporter's confirmation of an error, it was proven that the imports They were not carrying fraudulent materials, a fact substantiated by the fact that the importing company had already been audited in several other procedures, while no infraction had ever been detected in its import operations before.

Therefore, considering that the goods subject to the legal action remained detained for an excessive period of time, being subject to deterioration and depreciation in value, there were no obstacles to their return abroad, since the continuation of any eventual inspection procedure should not prevent it.

We emphasize the importance of having a specialized team to support you when carrying out import operations, because in some situations, certain mistakes, even if not made by international trade operators, can lead to excessive losses, mainly due to the high storage fees charged during the inspection period.

For more information, contact our team!

Decision commented by Gian Lucca Jorri, Lawyer, Area of Expertise: Customs Law and Tax Law, OAB (Brazilian Bar Association): 404.759.