ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of June 19, 2012 No. 737

About approval of the Procedure for acceptance, withdrawal of the provisional solution about the country of goods' origin, approvals of form of the provisional solution of the country of goods' origin

According to Article 23 of the Customs code of Ukraine of March 13, 2012 I ORDER to No. 4495-VI:

1. Approve enclosed:

Procedure for acceptance, withdrawal of the provisional solution about the country of goods' origin;

form of the provisional solution of the country of goods' origin.

2. To department of tax, customs policy and methodology of financial accounting of the Ministry of Finance of Ukraine (Chmeruk M. O.) and to Department of classification of goods and measures of regulation of foreign trade activities of the State Customs Service of Ukraine (Gutnik A. E.) to provide in accordance with the established procedure:

submission of this order on state registration in the Ministry of Justice of Ukraine;

promulgation of this order.

3. Recognize invalid:

the order of the State Customs Service of Ukraine of November 08, 2005 No. 1088 "About approval of the Procedure for adoption of the provisional solution about the country of goods' origin and about modification of the order of State Customs Service of Ukraine of 28.12.99 No. 864", registered in the Ministry of Justice of Ukraine on November 22, 2005 for No. 1410/11690;

Item 8 of the order of the State Customs Service of Ukraine of July 03, 2006 No. 550 "About introduction of amendments to some orders of State Customs Service of Ukraine", registered in the Ministry of Justice of Ukraine on July 14, 2006 for No. 829/12703.

4. This order becomes effective from day of the introduction in action of the Customs code of Ukraine of March 13, 2012, but not earlier than day of official publication.

5. To impose control over the implementation of this order on the First Deputy Minister of Finance of Ukraine Myarkovsky A. I. and First Deputy Chairman of the State Customs Service of Ukraine of Dorokhovsky O. M.

Approved by the Order of the Ministry of Finance of Ukraine of June 19, 2012, No. 737

Procedure for acceptance, withdrawal of the provisional solution about the country of goods' origin

І. General provisions

1.1. This Procedure determines the mechanism of acceptance, withdrawal of the provisional solution about the country of goods' origin.

1.2. The procedure is developed on purpose:

ensuring harmonization of the legislation of Ukraine concerning determination of the country of goods' origin with regulations and requirements of the World organization of trade;

simplifications and accelerations of the procedure of customs control and customs clearance of goods.

1.3. In this Procedure terms are used in such value:

the applicant - the customs applicant or person authorized by him, any legal entity (its separate division) or physical person;

competent authority - body which is authorized according to the national legal system of the country of export to issue and certify certificates of origin;

the country of goods' origin - the country in which the goods were completely developed or subjected to sufficient conversion according to the criteria established by the Customs code of Ukraine;

the provisional solution about the country of goods' origin (the dalshepredvaritelny decision) - the document of the established form which is taken according to the address of the applicant and makes sure the decision on determination of the country of goods' origin by Authorized structural division of customs authority to which functions of control of determination of the country of goods' origin are assigned;

the certificate of origin - the document which unambiguously confirms the country of goods' origin and is issued by competent authority of this country or country of export if in the country of export the certificate is issued based on the certificate issued by competent authority in the country of goods' origin.

1.4. According to part six of Article 23 of the Customs code of Ukraine the provisional solution is effective within three years from the date of its removal if the facts and conditions (including rules of determination of goods origin) on the basis of which this decision was made, remain invariable.

1.5. The applicant who received the provisional solution provides its original and the copy to customs authority along with submission of documents for implementation of customs clearance of goods.

1.6. The official of customs authority after reconciliation of the copy of the provisional solution with the original returns the original to the applicant. The copy of the provisional solution remains in cases of customs authority.

1.7. The provisional solution moves to customs authority for implementation of customs clearance of goods together with documents which confirm the country of goods' origin, according to Article 43 of the Customs code of Ukraine.

1.8. Lack of the provisional solution is not the basis for refusal in customs clearance.

ІІ. Submission of the address about adoption of the provisional solution

2.1. For receipt of the provisional solution the applicant submits to customs authority the address about adoption of the provisional solution about the country the goods origin filled in the form given in appendix 1 to this Procedure.

2.2. Are applied to the address:

the documents confirming the country of goods' origin, determined by Article 43 of the Customs code of Ukraine (in cases when their representation is provided by the law);

photos, drawings;

business, technical and other documents which contain data on goods (for example, technological schemes of production; accounting documents on calculation of unit cost; information on origin and cost of the import raw materials used in case of production of goods);

documents which demonstrate that these goods are completely developed or subjected to sufficient conversion in the specific country (in the presence).

Documents are provided in the form of the originals or copies certified in accordance with the established procedure.

2.3. The documents filed by the applicant together with the written address remain in customs authority.

2.4. If the information on goods origin provided by the applicant in the address is insufficient for adoption of the provisional solution, the customs authority within 30 days of day of registration of the written address reports to the applicant about need of provision of the additional information and establishes term for its provision (no more than 30 days).

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