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Executive Report on Strategies in Dominican Republic
ICON Group International, June 2007, Pages: 383
How to Strategically Evaluate Dominican Republic
Perhaps the most efficient way of evaluating Dominican Republic is to consider key dimensions which themselves are composites of multiple factors. Composite portfolio approaches have long been used by strategic planners. The biggest challenge in this approach is to choose the appropriate factors that are the most relevant to international planning. The two measures of greatest relevance are “latent demand” and “market accessibility”. The figure below summarizes the key dimensions and recommendations of such an approach. Using these two composites, one can prioritize all countries of the world. Countries of high latent demand and high relative accessibility (e.g. easier entry for one firm compared to other firms) are given highest priority. The figure below shows two different scenarios. Accessibility is defined as a firm’s ease of entering or supplying from or to a market (the “supply side”), and latent demand is an indicator of the potential in serving from or to the market (the “demand side”). Framework for Prioritizing Countries
Demand/Market Potential Driven Firm
Relative Accessibility
Accessibility/Supply Averse Firm
Relative Accessibility In the top figure, the firm is driven by market potential, whereas the bottom figure represents a firm that is driven by costs or by an aversion to difficult markets. This report treats the reader as coming from a “generic firm” approaching the global market - neither a market-driven nor a cost-driven company. Planners must therefore augment this report with their own company-specific factors that might change the priorities (e.g. a Canadian firm may have higher accessibility in Canada than a German firm).
Latent Demand and Accessibility in Dominican Republic
This report provides an extremely detailed overview of factors driving latent demand and accessibility in Dominican Republic. Latent demand is largely driven by economic fundamentals. But, latent demand only represents half of the picture. A country may at first sight appear to be attractive due to a high latent demand, but it is often less attractive when one considers at the macro level how easy it might be to serve that entire potential and/or general business risks.
Chapter 2 deals with macro-accessibility. While accessibility will always vary from one company to another for a given country, the following domains are typically considered when evaluating macro-accessibility in Dominican Republic: Openness to Trade in Dominican Republic Openness to Direct Investment in Dominican Republic Local Marketing and Entry Strategy Alternatives Local Human Resources Local Risks
Across these domains, a number of not-so-obvious factors can affect accessibility and risk. These are also covered in Chapter 2, which is presented from the perspective of an American firm, though it is equally applicable to most firms entering Dominican Republic. This chapter has been authored by local offices of the U.S. Government. I have included a number of edits to clarify the provided information as it relates to the general strategic framework.
In Chapter 3, I summarize the economic potential for Dominican Republic over the next five years for hundreds of industries, categories, and products. The goal of this chapter is to report my findings on the real economic potential, or latent demand, represented by Dominican Republic when defined as an area of dominant influence. The data presented are the result of various spatial econometric and time-series forecasting models which, for each category presented, are applied to forecast and allocate latent demand across all countries of the world and major distribution centers or centers of dominant influence within each country. This is accomplished knowing that economic fundamentals (e.g. income) generally vary from one country to another within a given country over time. In this chapter, I report the allocation for each category for Dominican Republic as an area of dominant influence in North America & the Caribbean and, potentially, the world.
As a whole, this report presents a strategic assessment of Dominican Republic by considering an extremely broad set of factors affecting both latent demand and accessibility, as outlined in the following chapters.
MACRO-ACCESSIBILITY IN DOMINICAN REPUBLIC Economic Fundamentals and Dynamics
As part of the IMF conditions, the Dominican Republic moved to a unified exchange rate in 2003, abandoning the former exchange system that was divided between the private sector, which is controlled by commercial banks and exchange houses, and the public sector, which is operated by the Central Bank. The Central Bank now purchases foreign currency from the market at floating rates.
In order to comply with the terms of new free trade agreements (FTAs) with CARICOM and five Central American countries, the Dominican government has lowered tariff rates on imports. Further liberalization is likely in the framework of the Free Trade Area of the Americas and, with the eventual signature and ratification of a FTA with the United States, to be associated with the forthcoming U.S.-Central American Free Trade Agreement (DR-CAFTA). Most Dominican tariffs now range from 3 to 20 percent, with an average import tariff of 10.7 percent. Pending legislation would decrease the number of tariff rates and reduce the maximum rate for most goods to 15 percent. Rectification of the Dominican tariff bindings for eight agricultural commodities has been agreed at higher tariff levels for imports in excess of specified quotas, but Dominican authorities intend to reduce these contingent tariffs as well.
The government has fully implemented most Uruguay Round obligations, although certain aspects of implementation are proceeding slowly. Improving, but still inadequate, protections for intellectual property (trademarks, patents, and copyrights) affect investment and business practices. A complex system of licensing and consular approval of invoices impedes imports. While many formal non-tariff barriers have been abolished, reports of corruption and poor organization at the ports are additional impediments to trade.
Free trade zones are exempt from most of the restrictions on international trade. The success of the free trade zones demonstrates the ability of the Dominican Republic to compete in global markets when obstacles to trade are reduced. Free trade zone firms in the Dominican Republic are authorized to sell 20 percent of their output domestically, and although this has not been implemented in the past, some companies are beginning to sell free zone products locally.
Government Role in the Economy
The Dominican government has traditionally played a large role in the country’s economic life. In the past, the government was the owner of all public utilities (except telecommunications), an insurance company, the country’s largest bank (Banco de Reservas), and factories producing a variety of goods. Congress passed legislation in June 1997, which allowed the privatization or “capitalization” of state-owned enterprises. The Commission for the Reform of Public Enterprises (CREP), an entity mandated by the June 1997 Law, had its first success with the privatization of the State-owned flourmill, Molinos Dominicanos, in December 1998. The distribution and generation units of the state-owned electricity company, the Corporación Dominicana de Empresas Eléctricas Estatales (CDEEE), were capitalized in the spring of 1999. The privatization of assets of the State Sugar Council (CEA) took place in the fall of that same year.
The Dominican Republic has reached agreement on trade pacts with CARICOM and with five Central American countries that will lead to greater regional economic integration. The Dominican Republic participates actively in negotiations on a Free Trade Area of the Americas, and in March 2004 the United States and the Dominican Republic completed negotiations on a bilateral Free Trade Agreement to be integrated with the Central American Free Trade Agreement. The large government presence in the economy and a web of complicated regulations have the effect of politicizing many economic decisions. Business persons typically spend time “lobbying” the government. Institutional difficulties common to developing countries are also present, such as complex permit processes, customs delays and other bureaucratic hurdles. Businesses often find that the labor force is hardworking but untrained. Although the Dominican government has instituted an extensive judicial reform program, it can be difficult and time-consuming to pursue a claim in the Dominican justice system. Bank finance is expensive (unsecured business loans currently carry interest rates of over 30 percent), and long term financing is hard to find. There is no fully functional deposit insurance.
Infrastructure Development
Electricity In 2004, soaring demand, inadequate investment in transmission facilities, increasing government debt for subsidies, and lack of energy conservation have kept production at well below peak levels of demand. Market inefficiencies and problems with non-payment have caused plants to go off line due to inability to pay fuel suppliers and other creditors. Load shedding is a common practice, and virtually all industrial enterprises have back-up generators. Some large firms maintain completely independent electricity supplies. As noted, the generation and distribution arms of the State-owned Compañía Dominicana de Empresas Eléctricas Estatales (CDEEE) were capitalized in 1999. This process, together with new investment in power generation, brought about some improvement to the Dominican power sector. In October 2003, the government repurchased all privatized shares of two of the three distribution companies. Problems remain however, as the government and distribution companies continue to face payment difficulties and amass arrears.
Roads and Highways The Dominican Republic has a well-developed road network, which the government continues to improve. Nevertheless, some of the roads and highways are in poor and dangerous condition. Truckers belong to syndicates that regulate prices, increasing the price of haulage, and strikes or protests in some areas sometimes disrupt transport.
Airports There are seven international airports in the Dominican Republic: they are in Santo Domingo (2), Puerto Plata, La Romana, Punta Cana, Santiago, Samana and Barahona. An eighth, El Higuero, has officially been inaugurated but is not yet operational.
Major Ports Santo Domingo and other major cities are serviced by modern port facilities. Haina, located just outside the capital city, has a 2,600-foot long/35-foot draft wharf, a 40-ton container crane, and a 60-acre container yard. Transportation to more than a dozen U.S. ports is available on a weekly basis. There is also daily freight service to Puerto Rico. Other ports are located in the cities of La Romana, Boca Chica, San Pedro de Macorís, and Puerto Plata. A new multimodal container transshipment facility at Caucedo, east of Santo Domingo opened in December 2003. Passenger car ferry service is available between Santo Domingo and Puerto Rico.
Telecommunications The Dominican Republic has one of the most advanced telecommunications networks in Latin America. Services offered by the telephone companies Codetel (now Verizon), Tricom, Centennial and France Telecom include direct distance dialing, international direct distance dialing, line 800, electronic mail, telenet, cellular mobile phones, facsimile, national paging services, and Internet services. Media Major business newspapers and business or specialized magazines can be purchased locally, and several are available on the Internet. Cable television is also available in most towns and cities, and generally some U.S. and European programming is available. Radio and television are the communications media reaching the largest numbers of Dominicans.
Political Risks Economic Relationship with the United States
The Dominican Republic is the Caribbean’s largest democratic country. It has a long-standing and close relationship with the United States, its principal trading partner and largest market. High rates of Dominican immigration to the United States reflect this close relationship. Dominicans generally have a positive view of the United States, though at times political and economic nationalists resort to anti-Americanism and charges of U.S. interference in the country’s affairs. Few Dominicans seem persuaded by this rhetoric.
Politics and the Business Environment
A highly centralized regulatory and administrative system adversely affects the business climate. The interpretation of laws and regulations is often arbitrary. This has contributed to an unstable and capricious regulatory environment that also presents ample opportunity for corruption - a problem endemic throughout both government and law enforcement. Businesses, domestic as well as foreign, complain that the “rules of the game” are constantly changing. Dominican and foreign business leaders complain of judicial and administrative corruption, and charge that corruption impacts the settlement of business disputes. Dominican expropriation standards have been widely at variance with international norms. A number of foreign firms and individuals have outstanding disputes with the Dominican government concerning expropriated property or non-fulfillment of contractual obligations. Even when compensation has been ordered, investors and lenders often have not received prompt or adequate payment. Businesses still experience problems ranging from unsettled expropriation claims, to unmet contractual obligations in the electric sector, to patent protection that does not meet World Trade Organization standards.
The government has worked to make the Dominican Republic more business friendly through privatization and by initiating a program to settle debts and to resolve expropriation cases through issuance of bonds. The successful conclusion of a U.S.-Dominican free trade agreement has further brightened prospects for doing business with the Dominican Republic.
The Political System
The Dominican constitution provides for a popularly elected President and a bicameral Congress (composed of 32 senators and 150 national deputies). The executive branch dominates the political system. Recent constitutional reforms allow the President to be re-elected to a second four-year term. Legislators are elected at the mid-term of the President. The Partido de la Liberación Dominicana (PLD), the Partido Revolucionario Dominicano (PRD), and the Partido Reformista Social Cristiano (PRSC) are the main political parties. Each of these parties tends toward centrist platforms.
Marketing Strategies Distribution Channel Options
There are several methods for U.S. exporters to enter the Dominican market. One can use locally appointed distributors, a wholly owned subsidiary, joint venture partners, or Dominican importers and wholesalers who also own retail outlets. The subsidiary and joint venture mechanisms have been enhanced through foreign investment Law no. 16-95. The fundamental purpose of this law is to place foreign investors on an equal footing with local businesspeople, thus guaranteeing equal protection under the law in terms of their respective rights and obligations. A distribution agreement is not required for any of the above.
Agents and Distributors
Although the use of an agent or a distributor is not required, U.S. exporters wishing to market a product or service in the Dominican Republic on a regular basis, without opening offices or maintaining a joint venture should find an agent or a distributor.
The Dominican Agent/Distributor Law (Law 173, April 1966) was designed to protect Dominican citizens who work as agents or distributors for foreign companies. Law 173 is complicated and potentially very costly to foreign suppliers, and U.S. firms should seek legal counsel before appointing an agent or distributor in the Dominican Republic. Under Law 173, agents and distributors may claim the right to compensation linked to a multiple of annual sales if the U.S. exporter decides to terminate the relationship. Foreign Investment Law no. 16-95 allows foreign firms to assume direct representation of their products manufactured abroad or in the Dominican Republic without Law 173’s lengthy residency requirements and without the requirement of two-thirds Dominican ownership of distribution companies.
Franchising Activities
After several years of continuous growth, the franchising sector has slowed down in the Dominican Republic. There are approximately 150 franchises established in the Dominican market with more than 700 stores in operation providing over 8,000 direct jobs.
Restaurant franchises include Domino’s Pizza, Pizza Hut, McDonald’s, Burger King, Friday’s, Baskin-Robbins, Kentucky Fried Chicken, Taco Bell, Mrs. Field’s, Outback, and Tony Roma’s. Non-food franchises include Radio Shack, GNC Vitamin, Payless Shoes, Alphagraphics, Sir Speedy, Dry Clean USA, Mr. Movies, Ethan Allen, Bombay, Meineke Mufflers, and a number of up-scale clothing outlets, including Liz Claiborne, Benetton, and Tommy Hilfiger.
Direct Marketing Options
Direct marketing has met with some success for low-cost, locally produced services. Avon, Jafra and Amway have established successful direct marketing organizations.
Joint Ventures and Licensing Options
There is considerable joint venture/licensing activity in the Dominican Republic, including manufacturing and services. The Foreign Investment Law provides for opportunities in this area. Before negotiating a joint venture or licensing partnership, legal counsel should be consulted to minimize potential conflicts, unexpected taxes, withholding expenses on royalties, contributions to capital and related aspects of these ventures.
Selling Strategies
At the retail sales level, Dominicans prefer seeing the product and expect reliable after-sales service. Quality and responsiveness in after-sales service are becoming increasingly important ingredients in effective marketing strategies. In sales of services and manufactured goods, Dominicans often rely on networking, as well as on close family and personal relationships. These characteristics in turn create the need for local agents and distributors or direct, in-country operations to make and sustain these contacts.
Advertising and Trade Promotion
Most businesses in the Dominican Republic use major local newspapers, television channels and radio stations to advertise their products. When marketing to all social classes, television and radio are the media most used for products.
Companies already in the Dominican Republic are well aware of the benefits of participating in local exhibition/trade promotion shows. There are many industry specific expositions in the Dominican Republic.
Pricing Issues
The DR is a price-sensitive market where the price is usually as important as quality and service, if not more. Dominicans are familiar with U.S. pricing practices. Many successful new retail outlets, however, concentrate on quality goods and service support, as Dominican consumers become more affluent and sophisticated.
Supplying Customer Service
Dominican customers are increasingly demanding consistent quality support and service. Service and customer support are still a developing concept. Several leading wholesale and retail companies maintain sales volumes without discounting. This is partly attributable to a good reputation for quality service and support, which suggests the importance of after-sales support.
Public Sector Marketing
Dominican Law no. 322 of 1981 states that foreign individuals or firms must be associated with Dominican or “mixed capital” enterprises in order to bid on or execute Dominican government-funded projects. There are exceptions, and variations on levels of participation required for complex projects, and many direct opportunities for foreign bidders exist when project financing is from multilateral banks or foreign government aid sources; in those cases the bidding process is generally open and transparent, and payment is guaranteed by outside sources. The Mejia Administration has tried to establish a more favorable credit reputation and resolve some of the systemic problems affecting irregularities in public contracting in the Dominican Republic. Several unresolved payment disputes from former Administrations remain.
Intellectual Property Risks
To ensure protection of patents and trademarks, the products must be registered at the National Office for Intellectual Property Rights of the Secretariat of State for Industry and Commerce, ONAPI (Oficina Nacional de Propiedad Intelectual.)
For protection of copyrights, U.S. firms must contact The National Office for Copyright (“ONDA,” or the Oficina Nacional de Derecho de Autor of the Secretariat of State for Culture).
The Dominican Republic is a member of the World Trade Organization and signatory of both the Bern and Paris Conventions on Copyrights and Patents and Trademarks, respectively. Nevertheless, protection of intellectual property rights is still weak. Even where the law provides protection, enforcement and remedies are often inadequate. The U.S. Government recognizes some improvement in efforts to improve the intellectual property rights regime. Law 65-00 on copyrights was implemented in August 2000 and provides for strong protection of copyrighted materials; March 2003 regulatory changes to Patent Law 20-00 appear to be compliant with WTO Trade Related Aspects of Intellectual Property Rights (TRIPS) standards. Although the Dominican government has stepped up efforts in some areas, IPR enforcement generally remains inadequate, in part due to lengthy judicial processes.
Hiring Local Counsel
A local attorney can be an important partner in establishing operations and advising on doing business in the Dominican Republic.
Import and Export Regulation Risks Trade Barrier Risks
Taxes and duties for imported goods (agricultural and non-agricultural) are calculated on the “ad-valorem price,” i.e., CIF price in US dollars multiplied by the unified foreign exchange rate. All duties and taxes are collected in Dominican pesos. There are generally four taxes on imports, except for those subject to exemptions provided by law. These taxes are the following:
Tariff (Arancel) This is the basic import tax, which can be as low as 0 percent and as high as 20 percent.
Luxury Tax (Impuesto Selectivo Al Consumo) This is a consumption tax for luxury imports or “non-essential” goods that ranges between 15 and 60 percent. This tax is calculated on the CIF price. Luxury goods include, among others, perfume, whiskey, motor vehicles and tobacco. Exchange Surcharge (Recargo Cambiario) This is a ten-percent tax imposed on all imports into the Dominican Republic.
Temporary Import Tax This is a two-percent tax imposed on all temporary imports.
Industrialized Goods and Services Tax (ITBIS - Impuesto de Transferencia a los Bienes Industrializados y Servicios) This is a twelve-percent tax on processed agricultural goods and all non-agricultural goods and services. ITBIS is calculated on he CIF price plus the amount paid for all taxes and duties previously mentioned.
Service imports are taxed at the 12% ITBIS rate plus 25%.
Valuations on Imports
The Dominican Customs Office began to apply the GATT valuation system as of July 1, 2001. All imported goods from WTO-member countries are now taxed taking into consideration the value indicated in the commercial invoice. The Dominican government requested and received authorization from the World Trade Organization to exclude 31 items. The products that were exempted have to pay the import tax as per a minimum value assigned by the Dominican Customs, not as listed on the commercial invoice.
For imports from countries not members of WTO, the valuation continues to be based on the minimum valuation lists created by Dominican Customs.
There are 24 existing Customs offices in the Dominican Republic: eleven at ports, seven at airport zones, and six on the border with Haiti. The principal offices handling the majority of the cargo are: Port of Haina Oriental, Port of Haina Occidental, Port Multimodal Caucedo, Las Americas International Airport and the Port of San Pedro de Macoris.
Customs officials indicate that the average clearance usually takes three days from submission of complete documentation. Clearances can be made in hours if importers make use of express clearance procedures. Anecdotal evidence confirms this information.
Many importers are using one of the following express clearance procedures: Advance Declaration (Declaracion Anticipada) - Importers may submit customs documentation 25 days prior to the arrival of the shipment. Express Dispatch (Despacho Expreso) - This mode includes advance declaration of the goods and the verification of the shipment by customs officials at the importer’s warehouse. Shipments may be dispatched in four hours when using Express Dispatch.
Licenses Required for Imports
Commerce and Industry Import licenses are not required for most products, except pharmaceutical products (drugs, cosmetics and skin care products) and agro-chemicals. For pharmaceutical products, a license must be obtained at the Secretariat of State for Public Health for each trademark/product imported by the company. The license is valid for a period of five years. Agro-chemicals and fertilizers require an import license from the Secretariat of State for Agriculture issued for every shipment.
Agriculture Although the “No objection” and other types of permits are not within the World Trade Organization (WTO) commitments, the Dominican government often requires them for imports of agricultural commodities. In addition, absorption requirements are needed for some agricultural products. The phytosanitary certificates issued by recognized authorities in the country of origin must accompany live vegetative material used in planting. Imports of animals normally require certificates of origin and other veterinarian documentation to assure disease-free status. Testing is done at the port of entry to reconfirm pest free status. Tariff rate quotas are in place for eight agricultural goods (rice, sugar, chicken parts, pork, corn, onions, milk powder and garlic). Other agricultural goods that often encounter non-tariff barriers are poultry and dairy products. Imports of food and agricultural products are normally facilitated through local distributors. Unless otherwise indicated, the Dominican Republic tends to follow U.S. standards concerning chemical tolerances in foods, packaging and labeling requirements.
Controls on Exports
Commerce and Industry No export licenses are required. However, a sworn declaration of exports (Declaracion Jurada de Exportacion or Formulario Unico de Exportacion) should be presented at the port of departure. Free zone companies need only submit certifications from the National Free Zone Council to Centro de Promocion e Inversion (a government organization) to declare and register exports. According to Law 01-04, there is a 5 percent “temporary” tax on all exports required to cover government deficits.
Agriculture A requirement for export licenses for most agricultural exports was lifted in 1993. The Dominican Centro de Promocion e Inversion (CEI-RD) implemented the use of a form to declare exports. Export values are reported in US dollars. In the event the transaction is in any other currency (including RD$), the US$ value is estimated at the official exchange rate.
Documentation Required for Trade
All imports into the Dominican Republic, other than free trade zone imports, require a consular invoice from a Dominican overseas consulate approving the transaction. Many U.S. exporters continue to complain that the fees are rarely nominal and often arbitrarily assessed, creating uncertainty regarding costs for shipments to the Dominican Republic. Private-sector associations and other groups continue to push for a change in the system, but it is a major revenue earner for Dominican consulates as well as for general revenue coffers. An exception applies to shipments from countries where there is not a Dominican Consulate. In such cases, Customs assesses a fee of US$400. Even when shipping from countries that have a Dominican consulate, some importers prefer to pay this $400.00 fee (fine) instead of paying for the consular invoice because this cost does not vary.
Imports into free trade zones that are destined for re-export from the Dominican Republic are exempt from this and other customs requirements, such as import licenses, registration requirements, and payment of customs duties based on commercial invoice and airway bills of lading.
Temporary Entry of Goods
Commerce and Industry Temporary entry of goods was adopted by Customs as a business facilitation service. Temporary entry is permitted for exhibition or demonstration purposes, as well as for other temporary work purposes in the Dominican Republic. Customs does not assess duties on temporary goods, but they must be returned. A bond or other suitable security for all or a portion of the value of the goods must be posted at the time of temporary entry. The security will be refunded upon meeting all the terms of temporary entry and proof of shipment out of the country. If the company wishes to sell the products or machinery after making temporary entry, valuation and all relevant duties are determined in accordance with previously noted customs procedures. Temporary entry admittance is granted for a period of three (3) months. If more time is needed, a ren ewal is required at the end of the three months.
Agriculture There are no provisions for the temporary entry of agricultural products. However, agricultural commodities and food products may be imported under bonded warehousing and for transshipment.
Restrictions on Imports
There are few prohibitions on imports, although discretionary import licenses are required from the Secretariat of Agriculture for most agricultural products. These appear to limit imports of many items that the government perceives as competitive with domestic production.
Local Standards
The Dominican Republic generally accepts U.S. certifications and standards. The Dominican Standardization System follows international guidelines and it is compatible with the purposes of GATT’s Code of Standards. The DIGENOR (Dirección General de Normas & Sistemas de Calidad) is the governmental body overseeing the formulation, publication, and implementation of quality norms in the Dominican Republic. The DIGENOR was created on May 20, 1997 in accordance with Law 602. Rather than creating new standards specific to the Dominican Republic, DIGENOR follows international standards.
The Dominican Standardization System (NORDOM or Normas Dominicanas) consists of 619 mandatory and voluntary standards.
Direccion General de Normas y Sistemas de Calidad (DIGENOR)
DIGENOR is the only national standards body library in the Dominican Republic. It is the center of information of the international standards and serves as: The National Enquiry Point under the WTO Agreement on Technical Barriers to Trade. Contact Point for Codex Alimentarius Commission. Local Agent for International Organization for Standardization (ISO).
DIGENOR also has membership in the Pan-American Standards Commission (COPANT) and receives assistance from the National Association of Drinking Water Supplies Agencies (ANDESAPA), and the Wastewater Equipment Manufacturers Association (CAPRA.)
For the inclusion of standards for healthcare products such as cosmetics and pharmaceuticals, DIGENOR has created a joint commission with the Drugs and Pharmacy Department of the Secretariat of Public Health.
Conformity Assessment Due to a lack of resources at DIGENOR, products are typically tested in foreign, private laboratories.
Product Certification DIGENOR is the authorized institution to provide product certification. The Seal of DIGENOR Compliance (Sello de Calidad DIGENOR) is the certification that DIGENOR provides to manufactured products that meet Dominican standards. Manufacturers interested in obtaining this certification for any of its products should presen
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