of May 21, 2012 No. 428
About approval of the Procedure for conducting the Ukrainian classification of goods of foreign economic activity and recognition voided some resolutions of the Cabinet of Ministers of Ukraine
According to Article 68 of the Customs code of Ukraine the Cabinet of Ministers of Ukraine decides:
1. Approve the Procedure for conducting the Ukrainian classification of goods of foreign economic activity which is applied.
2. Recognize invalid:
Item 4 of the list of acts of the Cabinet of Ministers of Ukraine which become effective since the January 1, 2004 approved by the resolution of the Cabinet of Ministers of Ukraine of January 18, 2003 No. 92 (The Official Bulletin of Ukraine, 2003, No. 4, of the Art. 138).
3. This resolution becomes effective since June 1, 2012.
Prime Minister of Ukraine N. Azarov
Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 21, 2012, No. 428
1. This Procedure determines the procedure of conducting the Ukrainian classification of goods of foreign economic activity (further UKTVED).
3. UKTVED is constituted on the basis of the Harmonized system of the description and the coding of goods of World Customs Organization (further - the Harmonized system) taking into account the Combined nomenclature of the European Union (further - the Combined nomenclature).
4. Functions on maintaining UKTVED are performed by State Customs Service.
5. For accomplishment of functions on maintaining UKTVED the State Customs Service has the right:
To receive 1) in accordance with the established procedure from the central executive bodies necessary information;
2) to involve specialists of the central executive bodies and scientific institutions in work on maintaining UKTVED.
6. Offers concerning modification of UKTVED in connection with changes which are entered by World Customs Organization into the Harmonized system and also the European Union in the Combined nomenclature, are sent by State Customs Service to the Ministry of Finance for their study and representation of the Ministry of Economic Development for the purpose of taking into account by preparation of offers concerning modification of the Customs tariff of Ukraine.
7. On representation of the central State Customs Service executive bodies makes the decision concerning possibility of disaggregation of goods in UKTVED at the national level (further - the decision concerning possibility of disaggregation of goods) taking into account the commonly accepted rules of classification of goods in the Harmonized system. Such disaggregation is carried out at the level of the ninth and tenth signs of the product code for the purpose of ensuring protection of national producer by taking measures on tariff and to other types of regulation of foreign economic activity and enhancement of the statistical recording.
8. The decision concerning possibility of disaggregation of goods is made based on information which is provided to State Customs Service by the central executive bodies and contains:
1) reasons for need of carrying out disaggregation of goods for UKTVED at the national level (further - disaggregation of goods);
2) commodity code which is disaggregated at the national level, according to UKTVED;
3) the text description of goods for which in UKTVED separate codes are allocated;
4) data on origin, structure, appointment, industry of use of goods and so forth;
5) the characteristic signs distinguishing goods which are disaggregated at the national level, from other similar goods.
The specifications and technical documentation on goods with measure definition on which identification of goods which are disaggregated at the national level is carried out is attached to the specified information.
9. If by State Customs Service acknowledged possible carrying out disaggregation of goods, in the decision concerning possibility of disaggregation of goods are specified:
1) commodity codes which are disaggregated at the national level, according to UKTVED;
2) the text description of goods which are disaggregated at the national level;
3) the additional note of Ukraine concerning classification of goods which are disaggregated at the national level (in case of need);
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