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ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of February 16, 2018 No. 210

About approval of Rules of acceptance and form of the decision on classification of goods

(as amended on 18-02-2020)

According to the subitem 1) of Item 3 of article 40 of the Code of the Republic of Kazakhstan of December 26, 2017 "About customs regulation in the Republic of Kazakhstan" I ORDER:

1. Approve:

1) Rules of decision making about classification of goods according to appendix 1 to this order;

2) form of the decision on classification of goods according to appendix 2 to this order.

2. Declare invalid the order of the Minister of Finance of the Republic of Kazakhstan of February 24, 2015 No. 116 "About approval of forms of decisions on classification of goods, about classification of goods in not collected type and provisional solutions concerning determination of the country of goods' origin in case of application of the preferential and not preferential modes" (No. registered in the Register of state registration of regulatory legal acts 10625, published on April 17, 2015 in information system of law of Ad_let).

3. To committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan (Tengebayev A. M.) in the procedure established by the legislation to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

4. This order is entered into actions after ten calendar days after day of its first official publication.

Minister of Finance of the Republic of Kazakhstan

B. Sultanov

Appendix 1

to the Order of the Minister of Finance of the Republic of Kazakhstan of February 16, 2018 No. 210

Rules of decision making about classification of goods

Chapter 1. General provisions

1. These rules of decision making about classification of goods are developed according to the subitem 1) of Item 3 of article 40 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" (further - the Code) and determine procedure for decision making by classification of goods.

2. Bodies of state revenues make decisions on classification of goods in case of identification of their incorrect classification in case of control of correctness of classification of goods by the Commodity nomenclature of foreign economic activity Eurasian economic union (further - the Commodity Nomenclature of Foreign Economic Activity) in case of customs declaration of goods, and also when implementing customs control after release of goods.

3. The decision on classification of goods is obligatory for execution.

Chapter 2. Procedure and terms of decision making about classification of goods

Paragraph 1. Check of correctness of classification of goods when making customs transactions before release of goods

4. Customs control when checking correctness of classification of goods by the Commodity Nomenclature of Foreign Economic Activity to release of goods is carried out by authorized officers of body of state revenues (further - UDL) to which job responsibilities questions of control of correctness of classification of goods by the Commodity Nomenclature of Foreign Economic Activity only in the cases determined by risk management system belong (further - the RMS).

5. In case of the determination of the RMS of forms of customs control and (or) measures providing carrying out customs control, UDL applies these forms and measures.

At the same time body of state revenues by means of information system to the customs applicant and (or) the customs representative the notification on the measures for prevention and (or) risk minimization appointed the RMS goes.

For prevention and (or) risk minimizations in case of control of classification of goods are determined the following forms of customs control and measure providing carrying out customs control:

verification of customs, other papers and (or) data;

customs examination;

customs examination;

customs inspection.

6. Application of measures for prevention and (or) risk minimization on classification of the goods determined by the RMS is performed by UDL taking into account following provisions:

1) when carrying out customs control in the form of verification of customs, other papers and (or) data, to the customs applicant and (or) the customs representative by means of information system the inquiry is sent for need of submission of the documents confirming the data declared in column 33 of the declaration on goods (further - DT) approved by the Decision of the Commission of custom union of May 20, 2010 No. 257 "About Instructions for filling of customs declarations and forms of customs declarations".

Verification of the requested documents which are provided by the customs applicant and (or) the customs representative in electronic form or on papers is performed by UDL according to the procedure and terms, stipulated in Clause 410 Codes.

In case of submission of the requested documents and completion of their check before release of goods when results of customs control confirm reliability and (or) completeness of the checked data, UDL performs release of goods according to Articles 192, 193 Codes and brings results of control in the Control RMS tab of information system by the choice of the corresponding result in cell "Results of control".

In case of representation by the customs applicant and (or) customs representative of the requested documents which are not confirming the data declared in DT before release of goods, UDL:

makes the decision on classification of goods which is signed by the head of territorial customs authority or customs or replacement his face, and no later than 1 (one) working day following behind day of adoption of such decision by means of information system informs the customs applicant and the customs representative on decision making about classification of goods;

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