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DECISION OF THE COMMISSION OF CUSTOM UNION

of November 27, 2009 No. 130

On single customs and tariff regulation of the Eurasian Economic Union

(as amended on 29-05-2024)

The commission solved:

1. Ceased to be valid according to the Decision of Council of the Evrazayisky economic commission of 21.12.2016 No. 153

2. Rates of import customs duties of the Common customs tariff of the Eurasian Economic Union are applied to the goods imported on the territory of the Eurasian Economic Union (further – customs area of the Union) and coming from any countries (including the origin of which is not established), except as specified, established by the Agreement on the Eurasian Economic Union of May 29, 2014.

3. State members provide tariff preferences concerning the goods coming from the countries included in the List of developing countries - users of single system of tariff preferences of the Eurasian Economic Union according to appendix No. 2, the List of the least developed countries - users of single system of tariff preferences of the Eurasian Economic Union according to appendix No. 3, and included in the inventory, coming from developing countries or from the least developed countries concerning which when importing to customs area of the Eurasian Economic Union tariff preferences, No. 8 approved by the Decision of Council of the Eurasian economic commission of January 13, 2017 are provided.

4. Ceased to be valid according to the Decision of Board of the Evrazayisky economic commission of 21.12.2016 No. 153

5. Determine that during 2010 - 2019 import of raw sugar reed subline items of 1701 13 and 1701 14th single Commodity nomenclatures of foreign economic activity of the Eurasian Economic Union is allowed (further respectively – raw sugar, the CN FEA EEU) for industrial conversion in the territory of the Republic of Kazakhstan with release from import customs duties. Condition of import of raw sugar for industrial conversion in the territory of the Republic of Kazakhstan is availability of confirmation of authorized body of the Republic of Kazakhstan about purpose of the imported raw sugar for providing the sugar-processing companies in the territory of the Republic of Kazakhstan.

The Republic of Kazakhstan informs the Commission of custom union on annual amounts of provision of the specified tariff privilege according to the balance of production and consumption of sugar created for the forthcoming period in the Republic of Kazakhstan.

According to the decision of the Eurasian economic commission (further – the Commission) the corresponding consultations of state members of the Eurasian Economic Union (further respectively – state members, the Union) for the purpose of non-admission of destabilization in the market of sugar of custom union can be held.

The government of the Republic of Kazakhstan guarantees that raw sugar imported for industrial conversion, and also the white sugar made from raw sugar will not be redirected in the territory of other state members.

Provisions of this Item are not the basis for application of rationing arrangements by the Republic of Kazakhstan to import of sugar from the territories of other state members.

6. Ceased to be valid according to the Decision of Council of the Evrazayisky economic commission of 21.12.2016 No. 153

7. Determine that in addition to the tariff privileges established by the Agreement on the Eurasian Economic Union of May 29, 2014, international treaties of the Union with the third party and decisions of the Commission the following tariff privileges are provided.

7.1. Are exempted from import customs duty:

7.1.1. The motor vehicles of goods item of 8703 CN FEA EEU made by business entities of the states of members of custom union using the concept "industrial assembly" in case of accomplishment of one of the following criteria:

a) production availability design capacity in case of dual shift operating mode at least 25000 pieces/year, accomplishment of transactions on welding, assembly and coloring of body, implementation of import of the autocomponents coming from the states not being members of custom union, on line items of the Common customs tariff of custom union "for industrial assembly of motor vehicles of goods items 8701 - 8705, their nodes and aggregates" of no more than 70% of total cost of the autocomponents used for production taking into account the cost of the body classified in goods item of 8707 CN FEA EEU;

b) availability as of October 1, 2009 productions of the motor vehicle design capacity in case of dual shift operating mode at least 5000 pieces/year, and also the conclusion till July 1, 2010 of the agreement with the State Party of custom union in the territory of which production is performed, the containing obligation on ensuring compliance to the conditions specified in the subitem and) this Item, in time, not exceeding 84 months from acceptance date of such obligations.

The list of the business entities performing the production of motor vehicles meeting the criteria specified in this Item affirms the Commission.

In case of non-compliance with the obligations specified in the subitem) this Item, the business entity is subject to exception of the List. Repeated inclusion of business entity in the List is allowed in case of compliance to the criteria specified in the subitem and) this Item;

7.1.2. Motor vehicles of goods items 8701, 8702, 8704, 8705 CN FEA EEU made by business entities of state members using the concept "industrial assembly" in case of accomplishment of the conditions determined by the separate decision of the Commission;

7.1.13. The civilian passenger airliners classified by codes 8802 40 003 5 and 8802 40 003 6 CN FEA EEU, imported on customs area of the Eurasian Economic Union till December 31, 2031 inclusive for the purpose of their use within the territory of state member in which import of these goods, and also for transportations between the territories of state members and (or) for international carriages is performed;

7.1.4. The equipment, including machines, mechanisms, and also the materials which are included in the package of delivery of the corresponding equipment, and the components (except for excisable) imported into the account of the loans granted by foreign states and international financial institutions according to international treaties of state members;

7.1.5.  No. 728 is excluded according to the Decision of the Commission of the Customs union of 15.07.2011 

7.1.6. The floating vessels registered in the international registers of the courts established by the legislation of state members. For provision of the privilege provided by this Item within 45 days from acceptance date of the customs declaration the customs applicant shall provide to customs authority the registration certificate of the vessel in the international register of courts, and also other documents established by the legislation of state members;

7.1.7.  No. 663 is excluded according to the Decision of the Commission of the Customs union of 14.03.2011 

7.1.8. Goods, except for excisable, imported for the purpose of holding the VII winter Asian games of 2011 in the cities of Astana and Almaty, on condition of provision in customs authorities of the confirmation of the Organizing Committee for preparation and holding the specified games approved with the Olympic Council of Asia and containing data on the nomenclature, quantity, cost of goods and on the organizations which perform import of such goods;

7.1.9. Goods, except for excisable, imported for the purpose of holding the World Ice Hockey Championship in 2014 in the city of Minsk, on condition of provision in customs authorities of confirmation of Organizing Committee for preparation and holding the specified championship and the containing data on the nomenclature, quantity, cost of goods and on the organizations which perform import of such goods;

7.1.10. Vessels are fishing, depot ships and other vessels for conversion and conservation of fish products, sea (code 8902 00 100 0 of the CN FEA EEU), registered in the register of courts of state member, floating under the flag of one of state members imported on the territory of the Eurasian Economic Union and placed under customs procedure of release for internal consumption till January 1, 2018 inclusive, on condition of representation in case of customs declaring of the documents confirming registration of courts in the register of courts of state member;

7.1.11. Processing equipment, component parts and spare parts to it, the raw materials and materials imported for exclusive use in the territory of state member within implementation of the investment project corresponding to priority type of activity (the sector of economy) of the state of the member of custom union according to the legislation of this state member.

The specified privilege is provided concerning raw materials and/or materials if such raw materials and/or materials are not made (or are made in quantity, insufficient for implementation of the investment project) in state members or if the raw materials and/or materials made in state members do not correspond to technical characteristics of the implementable investment project.

The commission of custom union constitutes and updates the list of investment projects for which implementation the specified privilege, the list of the imported processing equipment, component parts and spare parts to it, the list of raw materials and materials is provided (with indication of their characteristics (properties), names of producers, annual amount of their production and consumption) based on offers of state member, and also determines procedure for control of target use of processing equipment, component parts and spare parts to it, raw materials and materials.

State member provide control of target use of raw materials and materials on which releases from customs duties are provided;

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