Article 70. The non-fulfillment by the importer, exporter or buyer of merchandise imported for their account and order, of the obligation to keep, in good order and order, the documents related to the transactions they carry out, for the decadential period established in the tax legislation to which they are submitted to the customs inspection when required, shall entail:
I - if related to the documents proving the commercial transaction or the respective accounting records:
a) the determination of the customs value based on a substitute method to the transaction value, if there is doubt about the declared customs value; and
b) non-recognition of the most beneficial treatment of a tariff, tax or customs nature, possibly granted, retroactive to the date of the generating event, if evidence is not presented of the regular fulfillment of the conditions set forth in the specific legislation to obtain it;
II - concerning compulsory documents for customs declarations:
a) the arbitration of the price of the merchandise for the purpose of determining the calculation basis, according to the criteria defined in art. 88 of Provisional Measure No. 2.158-35, dated August 24, 2001, if there is any doubt as to the price actually charged; and
b) the cumulative application of fines of:
2. 100% (one hundred percent) on the difference between the declared price and the price actually practiced on importation or between the declared price and the arbitrated price.
� 1 The documents referred to in the main clause include the documents for the preparation of customs declarations, commercial correspondence, including negotiation and quotation documents, instruments of commercial, financial and exchange contracts, transportation and insurance of goods, accounting records and the corresponding fiscal documents, as well as others that the Federal Revenue Secretariat may require in a regulatory act.
2. In the event of fire, theft, loss, or any other event that causes the loss or deterioration of the documents referred to in � 1, a written communication shall be made within 48 (forty-eight) hours of the to the Customs Supervision Unit of the Federal Revenue Service, which is responsible for the taxpayer's domicile.
3. The fines provided for in item II of the caput do not apply in the case of regular communication of the occurrence of one of the events provided for in � 2.
� 4 Only the communication made within the period referred to in � 2o and instructed with the documents that prove the record of the occurrence with the competent authority to determine the fact will take effect.
5 - In the event of the closure of the activities of the legal entity, the custody of the documents mentioned in the caput shall be attributed to the person responsible for keeping the other fiscal documents, in accordance with the specific legislation.
6 - The application of the provisions of this article does not affect the application of the fines provided for in art. 107 of Decree-Law no. 37, of November 18, 1966, with the wording given by art. 77 of this Law, nor the application of other applicable penalties.