of May 20, 2010 No. DNTP-2/6804
Now customs authorities of RK in case of determination of customs value use data of statistical data of GTD, and also information which contains in information reference books. As a result the main method of determination of customs value of goods where transaction price is taken as basis, is used by customs authorities less often. At the same time, according to the analysis which is carried out by the international experts, for example EU countries, the USA, Japan, Finland, Romania, Sweden and Norway apply the main method of determination of customs value in 98% of cases, i.e. in case of determination of customs value of goods take transaction price as basis. Time to carry out work on reduction of the customs legislation according to the Agreement on application of article VII of the General Agreement on Tariffs and Trade of 1994, made to Marrakech, on April 15, 1994 came. What will lead to exception of use of data of statistical data of GTD and information reference books.
Customs authorities classify goods by the Commodity Nomenclature of Foreign Economic Activity code often according to the name and do not consider the basic principle of reference of goods on application. The customs urges to change for commodity code where the duty is more. The buyer of goods faces the choice: agree with the requirement of the inspector, insist on classification of goods by the Commodity Nomenclature of Foreign Economic Activity code or agree. Even judgments are ignored by customs. The answer at them one: it is necessary to implement the plan for the income lowered from above.
To us the letter from participants of foreign trade activities that on customs post Korgas customs officers through civilians so-called "cashiers", extort money from carriers and from owners of freights arrived. Do not draw up DKD, threaten with various actions, such as in "voluntary and forced" procedure to make customs clearance of freight in DTK across Almaty region if transit cargo. Participants of foreign trade activities it is opened to be afraid to complain of inspectors of customs post Korgas, they see that long-term fight of state bodies against corruption on this post does not make success.
The Kazakhstan Association of Customs Brokers (KACB) made and makes many offers in the Customs Code RK developed now, our offers are accepted by the Working group, but as a result there pass amendments of the Customs Control Committee (CCC) of MF RK. Is not present between participants of foreign trade activities and KTK of equal relations, they write shopping mall under themselves, do not explain why our amendments are rejected.
The Ministry of Finance of the Republic of Kazakhstan, having considered your appeal sent to the Deputy of the Majilis of Parliament of the Republic of Kazakhstan N. Abdirov by the letter of March 15, 2010 No. AB-27, reports the following.
The procedure for determination of customs value of the goods imported on the territory of the Republic of Kazakhstan is regulated by Chapter 39 of the Customs code of the Republic of Kazakhstan.
Classification of goods in case of customs clearance is performed according to the Basic Rules of Interpretation to the Commodity nomenclature of foreign economic activity (further - OPI), the included commodity groups, line items, subline items, subsubline items in the form of digital sign or group of digital signs (codes). Integral part of the Commodity nomenclature of foreign economic activity are notes to line items at any level of classification.
Thus, in case of commodity import for classification in goods item, carry step by step from the rule OPI, the first on the sixth.
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