RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 10, 2007 No. 1306

About some questions of determination of the country of goods' origin

According to the Customs code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES:

1. In case of determination of the country of goods' origin in which production two countries and more participate the following criteria of sufficient conversion are used:

1.1. the change of goods item (classification code of goods) according to the Commodity nomenclature of foreign economic activity of the Republic of Belarus (further - the Commodity Nomenclature of Foreign Economic Activity of the Republic of Belarus) at the level of any of the first four signs which resulted from implementation of transactions on conversion or production of goods;

1.2. accomplishment of the necessary conditions, certain production or technological operations sufficient in order that the goods were considered as the events from that country where these transactions took place. For the purpose of determination of such conditions and transactions Appendix 1 is applied to the goods coming from the Republic of Belarus and intended for export out of limits of the territory of the State Parties of the Commonwealth of Independent States (with notes, except for Item 3.1 of the Note 3) to the Rules of determination of the country of goods' origin approved by the Decision of Council of Heads of Government of the Commonwealth of Independent States of November 30, 2000;

1.3. the rule of ad valorem share - the goods change in value when the percentage cost portion of the used materials coming from other states does not exceed 50 percent of the price of end products or percentage share of value added exceeds 50 percent in the price of end products.

For the purposes of use of this criterion the following terms and concepts are used:

value added - the cost portion of goods expressed in percentage terms which is determined by difference between the cost of end products and cost of the materials used for its production coming from other states;

material cost, coming from other states, customs value of materials in case of their import to the Republic of Belarus or in case of their unknown origin - documentary confirmed price of their first sale in the territory of the Republic of Belarus;

the price of end products - the price on the terms of EXW (ex-works) according to International commercial terms (INCOTERMS) in the current version.

2. The country in which the last transactions on conversion or production of goods answering to one of 1 criteria of sufficient conversion specified in subitems 1.1-1.3 of Item were performed is considered the country of goods' origin.

In cases when national rules of the country of commodity importation apply other conditions of determination of the country of goods' origin, determination of country of source of the goods which are exported from customs area of the Republic of Belarus is allowed according to regulations of national rules of the country of commodity importation if other rules of determination of country of source are not established by international treaties of the Republic of Belarus with this country.

3. When importing to customs area of the Republic of Belarus of goods the country of their origin is determined based on the data specified in the declaration on goods origin or in the certificate of origin (further - documents on goods origin).

When carrying out transactions of customs control customs authorities perform check of reliability of data on the country of goods' origin by comparison of these data to information obtained from other sources including to information which is available on goods (packaging, container, labels, labels, labels) and also technical data sheets, other documentation relating to goods which shall allow to identify them with the data specified in documents on goods origin.

In case of submission of the documents on goods origin containing contradictory data on the country of its origin, or discrepancy of such data in documents on goods origin of information on goods the country of goods' origin it is considered not established.

4. For confirmation of the country of goods' origin the certificate of origin is submitted without fail in cases:

provisions of tariff preferences concerning batch invoice cost, equivalent 5000 US dollars and more, and also by regular deliveries (than once in 90 days is more often) the same exporter to the same importer of batches invoice cost, equivalent less than 5000 US dollars;

applications of rates of the import customs duties established by the President of the Republic of Belarus for the goods coming from the countries of the European Union, the Republic of Turkey, the Swiss Confederation and the Principality of Liechtenstein;

rooms under customs regime of free circulation of the goods coming from the Republic of Belarus invoice cost, equivalent 5000 US dollars and more, the transactions of conversion of the goods which are earlier placed under customs regime of free customs zone formed when making.

5. The goods origin, exported from customs area of the Republic of Belarus, makes sure the certificate of origin issued by the Belarusian Chamber of Commerce and Industry if the specified certificate is necessary under the terms of the contract, by national rules of the country of commodity importation or if availability of the specified certificate is provided by international treaties of the Republic of Belarus.

In cases when when making transactions on conversion or production of goods there is no change of the status of their origin, the country of source of such goods is confirmed by the conclusion of the Belarusian Chamber of Commerce and Industry.

Confirmation of reliability of the certificates of origin issued in the Republic of Belarus is performed based on requests of authorized bodies of the country of commodity importation according to the procedure, determined by the State Customs Committee.

6. Determine the list of transactions which implementation significantly does not change condition of goods and not answering to criteria of sufficient conversion of goods, according to appendix.

7. Grant the right to make explanations on application of this resolution concerning goods:

7.1. To the State Customs Committee - imported on customs area of the Republic of Belarus;

7.2. To the Belarusian Chamber of Commerce and Industry:

exported from customs area of the Republic of Belarus;

the goods received as a result of transactions on conversion placed under customs regime of free customs zone in case of their room under customs regime of free circulation.

8. To the State Customs Committee to bring the regulatory legal acts into accord with this resolution in a month.

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