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 6. << >> Chapter 8. C H A P T E R 7. Country of Origin "
A r t i c l e 58.
General provisions on the country of origin
1. Country of origin of goods shall be the country where the goods were wholly produced or sufficiently processed (processing) in accordance with criteria established by the customs legislation of the customs union. In this case, a country of origin can be understood as a group of countries or customs unions of countries or a region or part of the country if there is a need to separate them for purposes of determining the country of origin.
2. Identification of the country of origin of goods produced in all cases where the application of the measures of customs tariff and nontariff regulation depends on the country of origin.
3. Identification of the country of origin of goods is carried out in accordance with international treaties of the - members of a customs union, the regulatory rules of origin of goods.
4. Customs authorities may make a preliminary decision on the country of origin in accordance with the legislation of States - members of the customs union.
A r t i c l e 59.
Confirmation of the country of origin
1. In support of the country of origin of goods, the customs authority may require the submission of documents confirming the country of origin.
2. Documents certifying the country of origin, are a declaration of origin or certificate of origin.
A r t i c l e 60.
Declaration of origin
1. Declaration of origin is a statement about the country of origin of goods made by the manufacturer, seller or originator in connection with the exportation of goods, provided that it specifies the information necessary to determine the country of origin. As such a declaration is used for commercial or any other documents relating to goods.
2. If the declaration of origin the country of origin of goods based on criteria other than those whose use provided by international treaties states - members of a customs union, governing the rules for determining the country of origin, country of origin of goods is determined in accordance with the criteria set by these international treaties.
A r t i c l e 61.
Certificate of origin
1. Certificate of origin - a document clearly indicating the country of origin of goods and issued by the competent authorities or organizations of that country or country of export if the country of origin certificate issued based on information received from the country of origin.
If the certificate of origin the country of origin of goods based on criteria other than those whose use provided by international treaties states - members of a customs union, governing the rules for determining the country of origin, country of origin of goods is determined in accordance with the criteria set by these international treaties.
2. When exporting goods from the customs territory of the customs union a certificate of origin issued by authorized agencies or organizations of States - members of a customs union, if such certificate is required under the contract, according to national rules the country of importation of the goods or if the presence of the specified certificate provided by international treaties.
Authorized agencies and organizations that issued the certificate of origin are obliged to keep a copy and other documents on which the certified origin of the goods, at least 3 (three) years from the date of its issuance.
3. Certificate of origin submitted together with the customs declaration and other documents submitted by placing the goods imported into the customs territory of the customs union, under the customs procedure. With the loss of certificate its certified copy.
4. If the certificate of origin issued with violations of the requirements for its design and (or) completion established by the customs legislation of the Customs Union, customs authorities themselves decided not to review such a certificate as a basis for granting tariff preferences.
5. When carrying out customs control, customs authorities may apply to the appropriate authorities or organizations in the country which issued the certificate of origin, to submit additional documents or clarifying information. Such treatment does not prevent the release of goods on the basis of country of origin, claimed by placing the goods under the customs procedure.
A r t i c l e 62.
Submission of documents certifying the country of origin
1. When importing goods into the customs territory of the customs union a document certifying the country of origin of goods available, if the country of origin of those goods in the Customs Union tariff preferences are granted in accordance with customs legislation and (or) international treaties of the States - Members of the customs union. In this case, the document certifying the country of origin of goods provided to customs authorities at the same time providing the customs declaration. In this case, the granting of tariff preferences could be due to the need to provide a certificate of origin for some form of in accordance with the law and (or) international treaties of the States - Members of the customs union.
If you notice signs that declared the country of origin of goods that affect the application of customs duties, taxes and (or) non-tariff regulation, are unreliable, the customs authorities may require to submit a document certifying the country of origin.
2. Notwithstanding the provisions of paragraph 1 of this article provide a document confirming the country of origin of goods is not required:
1) if imported into the customs territory of the customs union goods are declared to the customs procedure of customs transit or temporary import customs procedure with full exemption from customs duties and taxes, except in cases where customs officers found signs that the country of origin is the country goods which are prohibited for importation into the customs territory of the customs union, or transit through its territory in accordance with customs laws and customs union, or the law states - members of a customs union;
2) if the goods are moved across the customs border by natural persons in accordance with Chapter 49 of this Code;
3) if the total customs value of goods transported across the customs border, sent in the same time the same way by the same consignor to one consignee does not exceed the amount set by the Commission of the customs union;
4) in other cases stipulated by the customs legislation of the customs union.
A r t i c l e 63.
Additional conditions for placing goods under the customs procedure in determining the country of origin
1. In the absence of documents confirming the country of origin if their performance is mandatory for granting tariff preferences in respect of such goods subject to customs duties at rates applicable to goods originating from the territory of a foreign state (group of foreign states), with whom there is mutual contractual obligation to provide treatment no less favorable than that accorded to other countries (Group of States) (hereinafter - the most-favored-nation treatment), except as provided for in subparagraph 1) of paragraph 2 of this article.
2. In other cases, the lack of documents proving the country of origin or when it detects signs that the submitted documents are drawn up improperly, and (or) contain false information, to submit documents proving the country of origin of goods or clarifying information:
1) in respect of goods subject to customs duties at rates applicable to goods originating from the territory of a foreign state (group of foreign states), with whom there is no mutual contractual obligations to provide the most favored nation, if the customs officers found signs that the country of origin goods is a foreign state (group of foreign countries), with whom there is no mutual contractual obligations to provide most-favored nation, or provided security for the payment of customs duties on these rates;
2) placement of goods under the customs procedure is carried out, provided the declarant documents confirming compliance with established limits, or secure the payment of a special, anti-dumping or countervailing duties if the customs authorities found signs indicating that the country of origin is the country to import goods from which have restrictions. Ensuring the payment of a special, anti-dumping or countervailing duty is performed in the manner prescribed by this Code to ensure the payment of import customs duties;
3) placement of goods under the customs procedure is not performed only if the customs authorities found signs indicating that the country of origin may be the country that the goods which are prohibited for import into the customs territory of the customs union.
3. In respect of goods specified in paragraph 1 and paragraph 1) of paragraph 2 of this Article shall be applied (restored) the regime of tariff preferences or most-favored-nation treatment, subject to confirmation of the country of origin of these goods before the expiration of one (1) year from the date of registration of the customs authorities of customs Declaration. In this case, the paid amount of import duties to be returned (offset) in accordance with Chapter 13 of this Code.