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DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of March 23, 2021 No. 36

About the Procedure for preparation by the Eurasian economic commission of explanations about classification of separate types of goods

According to Item 6 of Article 22 of the Customs code of the Eurasian Economic Union the Board of the Eurasian economic commission solved:

1. Approve the enclosed Procedure for preparation by the Eurasian economic commission of explanations about classification of separate types of goods.

2. This Decision becomes effective after 30 calendar days from the date of its official publication.

Chairman of Board of the Eurasian economic commission

M. Myasnikovich

Approved by the Decision of Board of the Eurasian economic commission of March 23, 2021, No. 36

Procedure for preparation by the Eurasian economic commission of explanations about classification of separate types of goods

I. General provisions

1. This Procedure determines rules of preparation by the Eurasian economic commission (further - the Commission) explanations about classification of separate types of goods according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further respectively - explanations of the Commission, the CN FEA EEU), including rules of entering into the Commission by customs authorities of state members of the Eurasian Economic Union (further - state members) offers on preparation of such explanations, their consideration by the Commission and approval of customs authorities of state members.

2. Explanations of the Commission are accepted in the form of recommendations of the Commission.

II. Entering into the Commission of offers on preparation of explanations of the Commission

3. The offer on preparation of explanations of the Commission is made in the Commission by the customs authority determined according to Item 6 of Article 21 of the Customs code of the Eurasian Economic Union (further respectively - the central customs authority, the Code), in initiative procedure or based on the decision of the Joint board of Customs Services of state members of the Customs union (further - the Joint board).

The addresses concerning preparation of explanations of the Commission which arrived from the bodies which are not the central customs authorities and also from physical persons and legal entities are not considered by the Commission on being.

4. Preparation of explanations of the Commission is performed according to offers of the central customs authorities according to the paragraph third Item 6 of article 22 of the Code.

5. For confirmation of consensus of the central customs authorities about classification of separate type of goods according to the CN FEA EEU the following documents are used:

a) copies of the provisional solutions about classification of goods according to the CN FEA EEU made in each of state members according to the procedure provided by Articles 23 - 27 Codes (in case of their absence - the copy of decisions or explanations about classification of separate type of the goods accepted according to Item 6 of article 21 of the Code) which were not withdrawn and which are not terminated at the time of the direction in the Commission of the offer on preparation of explanation of the Commission. In case of absence in state member of the specified provisional solutions (decisions or explanations) the copy of the letter of the central customs authority of such state member containing opinion and the description of approach to classification of the separate type of goods specified in the draft of the recommendation of the Commission of classification of separate type of goods according to the CN FEA EEU is used (further - the draft of the recommendation of the Commission);

b) copy of the decision of the Joint board (in the presence).

6. The offer on preparation of explanation of the Commission is made in writing in the form of the address about need of adoption of the recommendation of the Commission of classification of separate type of goods according to the CN FEA EEU (further - the address).

7. Are applied to the appeal sent in initiative procedure:

a) draft of the recommendation of the Commission;

b) the reference including:

the description of separate type of goods (with indication of functional purpose and characteristics of goods);

depending on nature of separate type of goods - information on the field of use of goods and its main properties, and also other data influencing classification of separate type of goods according to the CN FEA EEU;

reasons for code of the separate type of goods provided by the draft of the recommendation of the Commission with indication of the applied Basic rules of interpretation of the Commodity nomenclature of foreign economic activity, and also notes to Sections, groups, subline items of the CN FEA EEU (in case of application);

c) copies of provisional solutions (decisions or explanations) and (or) letters specified in the subitem "an" of Item 5 of this Procedure (with application of documents, such provisional solutions (decisions or explanations) which formed the basis for acceptance);

d) the documents containing the description of separate type of goods (with indication of the functional purpose and characteristics of goods necessary for its classification according to the CN FEA EEU) and depending on nature of separate type of goods information on the field of use of goods and its main properties (for example, technical documentation, information of the producer on quantitative and high-quality structure of goods, other documents characterizing goods).

8. Are applied to the appeal sent based on the decision of the Joint board:

a) the documents provided by subitems "a", "b" and "g" of Item 7 of this Procedure;

b) copy of the decision of the Joint board;

c) the documents prepared for consideration of question of classification of separate type of goods at meeting of the Joint board (with application of copies of letters of all central customs authorities containing the description of approaches of these bodies to classification of the separate type of goods specified in the draft of the recommendation of the Commission according to the CN FEA EEU).

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