Application
To the Contract about the Customs code
Customs union accepted
By the decision of Interstate Council
The Euroasian economic community
( Supreme body of customs union)
At a level of the chapters of the states
From November 27, 2009 N 17
(unofficial translation)
SECTION 1. KEY PROVISIONS Chapter 5. << >> Chapter 7. C H A P T E R 6. "Unified nomenclature of foreign economic activity. Classification of Goods
A r t i c l e 50.
Unified nomenclature of foreign economic activity
Single Commodity Nomenclature for Foreign Economic Affairs (hereinafter - the Commodity Nomenclature for Foreign Economic Affairs) is used to implement the measures of customs tariff and non-tariff regulation of foreign trade and other forms of foreign economic activity of the customs statistics.
A r t i c l e 51.
Keeping the Commodity Nomenclature of Foreign Trade
1. Commodity nomenclature of foreign economic activity based on the Harmonized Commodity Description and Coding System of the World Customs Organization and the united Commodity Nomenclature for Foreign Economic Affairs of the Commonwealth of Independent States.
2. Commodity Nomenclature for Foreign Economic Affairs approved by the Commission of the customs union.
3. Decisions about changes in foreign economic activity commodity nomenclature adopted by the Commission of the customs union on the basis of proposals from the customs services of - members of a customs union in the prescribed manner.
Commodity nomenclature of foreign economic activities and the decision on making changes to it are published by the Commission of the customs union.
4. Technical maintenance of the Nomenclature for Foreign Economic Affairs carries out the state executive authority of the Russian Federation, authorized in the sphere of customs regulation, including:
1) monitoring of changes in the international framework of the Commodity nomenclature of foreign economic activity, as well as explanations and solutions for the interpretation of this framework;
2) To propose to the Commission of the Customs Union on the reduction of commodity nomenclature of foreign trade activities in conformity with its international basis;
3) preparation and submission to the Customs Union Commission tables match codes of the Commodity nomenclature of foreign economic activity at the level of headings, subheadings and subheadings in the transition to the next version of its international framework;
4) the preparation for publication and submission to the Customs Union Commission of the Nomenclature for Foreign Economic Affairs and clarifications thereto;
5) perform other functions necessary for the technical management of the Commodity nomenclature of foreign economic activity.
A r t i c l e 52.
Classification of goods
1. Goods in their customs declaration shall be classified according to the Commodity nomenclature of foreign economic activity.
2. Validation of the classification of goods is carried out by Customs authorities.
3. In the event of an incorrect classification of goods, the customs authority itself carries out the classification of goods and decide on classification of goods in the form specified by the legislation of States - members of the customs union.
Decisions of customs authorities on the classification of goods can be appealed in accordance with Article 9 of this Code.
4. Codes of goods on the Commodity nomenclature of foreign economic activity specified in the commercial, transport (shipping), and (or) other documents, except as defined by paragraph 4 of Article 180 of this Code, as well as in the conclusions, references, acts of examinations, issued by expert agencies, are informative character.
5. Customs authorities shall make a preliminary decision on the classification of goods in accordance with this chapter.
6. Customs authorities, certain laws of the states - members of the Customs Union can take decisions and give explanations on the classification of certain goods to ensure their publication.
Such solutions or explanations are required for the declaration of goods in the territory of the State - a member of the Customs Union, customs authorities of which they are made.
7. In order to ensure uniformity in the interpretation of the Commodity Nomenclature for Foreign Economic Affairs Commission of the customs union shall adopt and publish the decisions and explanations on the classification of certain goods.
Procedure for submission of proposals on the classification of certain goods, their review and approval of draft decisions and explanations on the classification of certain goods from customs authorities of the States - Members of the customs union, is determined by the Commission of the customs union.
After adoption by the Commission of the customs union decisions and explanations on the classification of certain goods solutions and explanations made by the customs authorities in accordance with paragraph 6 of this article with respect to the same kinds of goods are subject to cancellation or change them.
A r t i c l e 53.
Procedure for making a preliminary decision
1. Procedure for making a preliminary decision on the classification of goods on the Commodity nomenclature of foreign economic activity is determined by this Article, Articles 54 - 57 of this Code and to the extent not defined by these articles - the legislation of the States - Members of the customs union.
2. The preliminary decision on the classification of goods on the Commodity nomenclature of foreign economic activity is taken by customs authorities, determined in accordance with the laws of - members of the customs union.
3. The preliminary decision taken by customs authorities of the State - a member of the Customs Union, which will be the release of goods. The preliminary decision is binding on the declaration of goods in the State - a member of the Customs Union, customs authorities which took a preliminary decision.
4. A preliminary decision is taken on each item of goods, including specific brand, model, article, and modification.
5. Form a preliminary decision determined by the decision of the Commission of the customs union.
6. The customs authority in case of loss by the applicant prior decision gives the applicant a duplicate of previously received a preliminary decision.
7. Customs authorities - members of the Customs Union to exchange information relating to the adoption of preliminary decisions, in accordance with Article 124 of the Code.
A r t i c l e 54.
Statement on the preliminary decision
1. The preliminary decision taken by customs authorities on the basis of application of the person (hereinafter in this chapter - the applicant), submitted in writing or in the form of an electronic document.
2. Statement on the preliminary decision on the classification of goods shall contain the full business name, brand name, major technical and commercial characteristics of the goods, and other information to uniquely classify the goods. If necessary, presents photographs, drawings, blueprints, passports products, samples of the goods and other documents for the adoption of the preliminary decision.
3. If the information submitted by the applicant are insufficient for making a preliminary decision, the customs authority shall notify the applicant of the need to provide additional information within thirty (30) calendar days after submission to the customs authority of the application for a preliminary decision. Additional information should be submitted within sixty (60) calendar days written notice to the applicant. If the information is not provided within the prescribed period, the application for an interim decision is rejected.
A r t i c l e 55.
Timing of decision and the preliminary decision
1. A preliminary decision is made within 90 (ninety) calendar days from the date of registration with the customs authority application for an interim decision, unless the law states - members of a customs union is not set a shorter period.
If necessary, provide additional information in accordance with paragraph 3 of Article 54 of this Code, within the time specified in the first part of this paragraph shall be suspended and resumed from the date of receipt by the customs authority of the latter document containing the requested information.
2. A preliminary decision is valid for three (3) years from the date of its adoption, unless it is changed, not revoked or its action is not terminated in accordance with Article 56 of this Code.
A r t i c l e 56.
Terminate, modify or revoke a preliminary decision
1. The customs authority may decide to terminate, modify or revoke it had adopted a child of the customs body of the preliminary decision.
The decision to terminate, modify or revoke a preliminary decision to the applicant no later than the day following the day the decision to terminate, modify or revoke a preliminary decision.
2. The decision to terminate the preliminary decision is taken, if the customs authority, that the applicant for making a preliminary decision to submit false documents, false and (or) incomplete information.
The decision to terminate the preliminary decision comes into effect from the date of such initial decision.
3. Change the preliminary decision in the following cases:
detection by customs authorities or the applicant of errors in the preliminary decision;
adoption of the customs authorities of solutions or explanations on the classification of certain goods in accordance with paragraph 6 of Article 52 of this Code.
Decision of the customs authority to amend the preliminary decision comes into force on the date specified in the decision to change the prior decision.
4. The preliminary decision be revoked if:
changes in the commodity nomenclature of foreign economic activity that affect the classification of goods for which the preliminary decision;
adoption of the World Customs Organization decisions on classification of goods used by states - members of a customs union;
adoption by the Commission of the customs union decisions and explanations on the classification of certain goods.
The decision to revoke a preliminary decision taken by customs authorities within 30 (thirty) calendar days after the publication of decisions and interpretations of the Commission of the customs union comes into effect simultaneously with such decisions.
5. The decision to terminate, modify or revoke a preliminary decision shall be notified to Customs not later than the day following the day the decision to terminate, modify or revoke a preliminary decision.
A r t i c l e 57.
Publicity of initial decision
Preliminary decisions, except for information containing state, commercial, banking and other secrets protected by law (the secrets) or other confidential information relating to the person concerned, posted on the official website of the Commission of the customs union on the Internet.