This past Monday, August 18, 2014, after ordering a provisional suspension to that effect, the Second Chamber of the Superior Administrative Court of the Dominican Republic (“TSA”) ordered the General Customs Directorate (“DGA”) to abstain from executing the notice made on July 30, 2014, through which it announced the collection of duties and taxes to express delivery packages valued at or below US$200.00 as of August 15, 2014.
To this effect, the TSA upheld the merits of the amparo remedy action filed by the Dominican Couriers’ Association (“ASODEC”) and the country’s main express delivery service providers, represented by Russin, Vecchi & Heredia Bonetti (“RVHB”), as well as other institutions and express delivery service consumers, finding that the execution of said notice would infringe the plaintiffs’ fundamental rights and rejecting claims of inadmissibility made by DGA, the National Organization of Commercial Enterprises (“ONEC”), the Ministry of the Treasury, and the Administrative Attorney General, among other institutions.
The judges of the Second Chamber of the TSA declared that there had been a breach with regards to fundamental rights related to administrative due process, which implies public administration’s subjection to the rule of law, and must be based on unconditional respect of legality.
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