Required Report - public distribution

**Date:** 7/29/2008

**GAIN Report Number:** NA8002

NA8002

**Netherlands Antilles**

**FAIRS Country Report**

**Annual**

**2008**

**Approved by:**

![](media/image1.wmf)Sarah Hanson

Caribbean Basin ATO

**Prepared by:**

Omar Gonzalez

**Report Highlights:**

\"Sections(s) Updated: All.

Much the same as Aruba, the Netherlands Antilles are receptive toward
U.S. products. U.S. standards for food and agricultural products are
fully accepted. Import licenses and permits are not required although
standard health certificates are required for imports of plant and
animal products. U.S. exports of agricultural products to the
Netherlands Antilles generally clear customs quite quickly and without
obstacles.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Miami ATO \[C11\]

\[NA\]

####### SECTION I. FOOD LAWS..............................................................................3

####### SECTION II. LABELING REQUIREMENTS........................................................3

SECTION III. PACKAGING AND CONTAINER
REQUIREMENTS...........................3

####### SECTION IV. FOOD ADDITIVE REGULATIONS.................................................3

####### SECTION V. PESTICIDE AND OTHER CONTAMINANTS......................................4

####### SECTION VI. OTHER REGULATIONS AND REQUIREMENTS...............................4

####### SECTION VII. OTHER SPECIFIC STANDARDS.............................................\......4

####### 

####### SECTION VIII. COPYRIGHT AND/OR TRADEMARK LAWS...........................\........4

####### SECTION IX. IMPORT PROCEDURES..............................................................4

####### APPENDIX I. GOVERNMENT REGULATORY AGENCY CONTACTS.......................5

####### APPENDIX II. OTHER IMPORT SPECIALIST CONTACTS.....................................6

**This report was prepared for the Caribbean Basin Agricultural Trade
Office of the USDA/Foreign Agricultural Service in Miami, Florida, for
U.S. exporters of domestic food and agricultural products. While every
possible care was taken in preparation of this report, information
provided may not be completely accurate, either because policies have
changed since its preparation or because clear and consistent
information about these policies was not available. It is highly
recommended that U.S. exporters verify the full set of import
requirements with their foreign customers who are normally best equipped
to research such matters with local authorities before any goods are
shipped.**

**FINAL IMPORT APPROVAL OF ANY PRODUCT IS SUBJECT TO THE IMPORTING
COUNTRY'S RULES AND REGULATIONS AS INTERPRETED BY BORDER OFFICIALS AT
THE TIME OF THE PRODUCT ENTRY.**

###### SECTION 1: FOOD LAWS

In general, the Netherlands Antilles (Curaçao, Bonaire, Sint Maarten,
St. Eustatius, and Saba) are a wide open market for U.S. food products.
There are no major restrictions in place which affect trade of U.S.
products in any significant way. The principal law governing food
imports into the Netherlands Antilles is the Food Law-334 of 1997.

It should be noted that the Government of the Netherlands Antilles is in
a transition stage, having begun a process of constitutional change in
which the islands of Bonaire, St. Eustatius and Saba are to become
public entities (municipalities) of the Netherlands, while Curaçao and
Sint Maarten are seeking autonomy within the Kingdom, similar to the
current status of Aruba. The change was scheduled to take place in
December of 2008. However, while still planned the change has been
indefinitely postponed for the time being. When this change does finally
take place, the Netherlands Antilles government will seize to exist.
Therefore, changes in the regulatory structure of these islands, which
have yet to be fully worked out, are expected. Until then, the major
regulatory contacts for imported foods are listed in Appendix I.

###### SECTION II: LABELING REQUIREMENTS

The Netherlands Antilles sources a large share of its food imports from
the United States and thus [fully]{.underline} accepts U.S. labels. No
additional labeling requirements are placed on U.S. products.

**SECTION III: PACKAGING AND CONTAINER REGULATIONS**

The Netherlands Antilles has no major regulations dealing with food
packaging that restrict trade of U.S. products in any way.

**SECTION IV: FOOD ADDITIVE REGULATIONS**

The Netherlands Antilles tends to follow European standards on food
additives. To date, no problems are reported with U.S. products in this
regard.

###### SECTION V: PESTICIDES AND OTHER CONTAMINANTS

Regulatory authorities generally follow U.S. guidance in this regard.
The Netherlands Antilles has no regulations governing pesticides and
other contaminants. However, draft regulations are presently being
developed that could be put in place in 2009.

**SECTION VI: OTHER REGULATIONS AND REQUIREMENTS**

Products are not required to be registered or laboratory tested at the
time. Product samples shipped via express mail or parcel post are
subject only to import regulations (i.e. customs duty). The addressee is
responsible for the duty on sample and mail order shipments. Exporters
should ensure that the addressee is informed of and agrees to accept the
pending shipment to avoid it being returned at the cost of the exporter.
Products may be monitored at the retail/wholesale level, but for the
most part enforcement is carried out at the port of entry.

**SECTION VII: OTHER SPECIFIC STANDARDS**

U.S. exporters should be aware that plant products (i.e. fresh produce)
require a phytosanitary export certificate and meat products and other
animal products require a health certificate from the country of origin.

**SECTION VIII: COPYRIGHT AND/OR TRADEMARK LAWS**

The Bureau of Intellectual Property of the Netherlands Antilles is the
agency designated by law to enable right holders to exercise their
intellectual property rights adequately and in accordance with national
and international standards. The Bureau carries out the National
Trademark Ordinance (National Gazette 1996, No. 188), the National
Trademark Decree (National Gazette 2000, No. 147), the Patents Act of
the Kingdom of the Netherlands, and the Copyright Ordinance as well.
Trademark searches and trademark applications can be made on-line at the
Bureau's website (See Appendix I for complete contact information).

**SECTION IX: IMPORTS PROCEDURES**

Customs clearance is done by the importer or Customs broker. Upon
presentation of normal import documentation (commercial invoice, bill of
lading, phytosanitary or health certificate where required, and Customs
declaration), the shipment is reviewed and if accepted it is entered
into the Customs Department electronic system. Duty is paid directly to
the Customs Department.

The length of time for clearance depends on variable factors, such as,
the number of container ships arriving at the same time, how quickly
they can be unloaded and when they are transported to the importer.
Perishable goods have priority and usually are cleared within one day.
Dry goods can be cleared within 2-3 days. The customs inspection is
efficient and well‑managed. Sint Maarten is a duty-free market.

**APPENDIX I. GOVERNMENT REGULATORY AGENCY CONTACTS**

FOR CUSTOMS PROCEDURES AND TARIFFS, CONTACT:

Mr. Julian Lopez Ramirez

Commissioner of Customs

Customs & Excise Department of the Netherlands Antilles

Sha Caprileskade / Handelskade

Curaçao, Netherlands Antilles

Tel: 011-5999-434-5300, 5357

Fax: 011-599-461-6557, 465-5544

E-mail: <julian.lopezramirez@gov.an>

FOR INTELLECTUAL PROPERTY ISSUES, CONTACT :

Bureau for Intellectual Property of the Netherlands Antilles

Berg Carmelweg 10-A

Willemstad, Curaçao

Netherlands Antilles

Tel: 011-5999-465 7800

Fax: 011-5999-465 7815

E-mail: <trademark@bureau-intellectual-property.an> ,
<info@bureau-intellectual-property.an>

Website:
[www.bureau-intellectual-property.an/default.asp](http://www.bureau-intellectual-property.an/default.asp)

*It should be noted that the above website is provided for the readers'
convenience; USDA does NOT in any way endorse, guarantee the accuracy
of, or necessarily concur with the information contained in such
website.*

In the windward islands of the Netherlands Antilles, contact:

Monique A. Brown-James, Esq

Lolita Euson Road

Cherry Tree

Sint Eustatius

Netherlands Antilles

Telefax: 011-599-3-182-356

E-mail: <brownmojani@hotmail.com>

FOR FOOD IMPORT REGULATIONS, CONTACT:

Mr. Sing-Pong Lee

Inspector of Health Protection

Inspectorate of Public Health

Ministry of Public Health and Social Affairs of the Netherlands Antilles

Tel: 011-5999-466-9366

TeleFax: 011-5999-466-9367

E-mail: <sin-pong.lee@gov.an>

*For specific types of products such as meats and plant products, the
Government of the Netherlands Antilles may defer regulatory control to
local island government regulatory agencies. Following is a list of
local island regulatory contacts.*

[Curacao]{.underline}

Dr. Arnold J.S. Dwarkasing (Meat and animal products)

Veterinary Officer

Veterinary Service Curacao

Abattoirweg 15

Curacao, Netherlands Antilles

Tel: 011 -- 5999-461-4000

Fax: 011-5999-461-1014

Email: [vetdcur@curinfo.an]{.underline}

Mr. Kenneth Heidweiller

Acting Director (Plant products)

Dept. of Agriculture, Animal Husbandry & Fisheries

T: 011-5999-737-0288

F: 011-5999-737-0723

E-mail: <Kenneth.Heidweiller@curacao-gov.an>

Mr. L. Tromp (Foods, except meats)

Public Health Service

T: 011-5999-432-5800

F: 011-5999-432-5818

APPENDIX II. OTHER IMPORT SPECIALIST CONTACTS

Mr. Timothy Dunn

Chief of Mission and Consul General

U.S. Consulate General to the Netherlands Antilles and Aruba

J.B. Gorsiraweg, P.O. Box 158

Willemstad, Curacao

Tel: 599-9-461-3066

Fax: 599-9-461-6489

Email: <acscuracao@state.gov>

Caribbean Basin Agricultural Trade Office Sarah Hanson, Director

Foreign Agricultural Service E-mail: <sarah.hanson@fas.usda.gov>

U.S. Department of Agriculture

909 SE 1^st^. Ave Suite 720 Omar González, Ag Marketing Specialist

Miami, FL 33131 E-mail: <omar.gonzalez@fas.usda.gov>

Tel: (305) 536-5300

######## Fax: (305) 536-7577 Graciela Juelle, Ag. Marketing Assistant

E-mail:atocaribbeanbasin@fas.usda.gov E-mail:
<grace.juelle@fas.usda.gov>

Website: [www.cbato.fas.usda.gov]{.underline}