Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

It is registered

in the Ministry of Justice of Ukraine

July 2, 2012.

No. 1085/21397

ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of May 30, 2012 No. 650

About approval of the Operating procedure of department of customs payments, divisions of customs clearance of customs authority and customs post in case of the solution of questions of classification of goods which move through customs border of Ukraine

1. Approve the Operating procedure of department of customs payments, divisions of customs clearance of customs authority and customs post in case of the solution of questions of classification of goods which move through customs border of Ukraine which is applied.

2. Recognize invalid:

the order of the State Customs Service of Ukraine of August 26, 2008 No. 941 "About modification of the Operating procedure of department of the nomenclature and classification of goods of regional customs, customs, inspection department of customs value and the nomenclature of regional customs, customs in case of the solution of questions of classification of goods which move through customs border of Ukraine", registered in the Ministry of Justice of Ukraine on September 09, 2008 for No. 827/15518;

the order of the State Customs Service of Ukraine of April 18, 2011 No. 316 "About modification of the Operating procedure of department of the nomenclature and classification of goods of regional customs, customs, inspection department of customs value and the nomenclature of regional customs, customs in case of the solution of questions of classification of goods which move through customs border of Ukraine", registered in the Ministry of Justice of Ukraine on July 06, 2011 for No. 817/19555;

3. To department of tax, customs policy and methodology of financial accounting (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.

4. To the State Customs Service of Ukraine (Kaletnik I. G.) in ten-day time after entry into force of this order to finish the corresponding software.

5. This order becomes effective from the date of entry into force of the Customs code of Ukraine of March 13, 2012, but not earlier than day of official publication.

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

 

Minister Yu. Kolobov

Approved by the Order of the Ministry of Finance of Ukraine of May 30, 2012, No. 650

Operating procedure of department of customs payments, divisions of customs clearance of customs authority and customs post in case of the solution of questions of classification of goods which move through customs border of Ukraine

І. General provisions

1. This Procedure determines operating procedure of department of customs payments (further - OTP), divisions of customs clearance (further - PTO) and customs post during control of correctness of classification of goods, adoption of provisional solutions about classification of goods and decisions on determination of commodity code, implementation of the customs procedures connected with control of correctness of classification of goods in case of customs control and registration of goods which move through customs border of Ukraine (further - goods), order of interaction with other structural divisions of customs authority in case of the solution of questions of classification of goods, and also implementation of registration and registration of decisions, provision of the reporting and other questions of work of OTP, PTO, customs post in the direction of classification of goods agrees the Ukrainian classification of goods of foreign economic activity (further - UKTVED).

2. This Procedure is developed for the purpose of reduction of classification work of customs authorities in compliance with the Customs code of Ukraine (further - the Code), enhancements of control of correctness of classification of goods according to requirements of UKTVED during procedures of customs control and customs clearance, ordering of the procedure of classification of goods and the prevention of cases of evasion by the companies and citizens from customs payment in full and from the established measures of non-tariff regulation.

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

classification of goods - determination of commodity code according to requirements of the Basic rules of interpretation of UKTVED provided by the Law of Ukraine "About the Customs tariff of Ukraine" (further - the Basic rules of interpretation of UKTVED), taking into account Explanations to UKTVED, decisions of Committee on the Harmonized system of the description and coding of goods of World Customs Organization, methodical recommendations concerning classification of the separate goods according to requirements of UKTVED developed by the central executive body in the field of customs affairs in pursuance of Article 68 to the Code prior to movement of goods through customs border of Ukraine, during customs clearance and after completion of customs clearance;

classification work - set of measures which are performed by officials of customs authorities for ensuring correctness of classification of goods;

control of correctness of classification of goods - check of correctness of the description of goods and the code conforming to it in the customs declaration to requirements of the Basic rules of interpretation of UKTVED during procedures of its customs control and customs clearance;

the provisional solution about classification of goods according to UKTVED (further - PRK) the document of the established form which is taken by customs authority, by results of consideration of the address of the customs applicant or person authorized by it;

the decision on determination of commodity code (further - the Decision) - the document of the established form which is processed by officials of OTP, authorized persons of PTO or customs post in case of need of decision making about classification of goods;

complete object (further - TO) - goods which according to requirements of UKTVED are classified under one product code, but on working or transportation terms moves through customs border of Ukraine in the sorted or not collected type several vehicles;

the authorized person of PTO or customs post - person authorized by the order of customs authority on the provision of the head of PTO or customs post approved with the head of OTP on decision making.

Other terms which are used in this Procedure are used in the values given in the Code and other regulatory legal acts of Ukraine concerning the public customs affairs.

4. According to this Procedure for OTP:

exercises control of correctness of classification of the declared or drawn up goods;

holds control events for classification work in PTO, on customs posts, including selective checks of the drawn-up customs declarations;

makes the Decision in the complex cases determined by article 69 of the Code on PTO requests;

accepts PRK, including it is relative TO;

provides explanations and recommendations to authorized persons of PTO and customs posts for the purpose of identical application of UKTVED;

takes part in preparation, retraining and advanced training concerning classification of goods of authorized persons of PTO and customs posts;

prepares and provides the reporting determined by the central executive body which provides realization of state policy in the field of the public customs affairs;

performs the analysis of the Decisions made by OTP, PTO and customs posts;

performs registration of PRK of customs authority;

performs registration of the Decisions made by OTP.

The head of OTP can provide offers to the head of customs authority about discharge of officials from accomplishment of functions on control of correctness of classification of goods in case of identification of the facts of unsatisfactory accomplishment of the specified functions by them.

The form and terms of preparation and training of authorized persons of PTO and customs posts are determined by customs authorities independently.

5. The official of PTO or customs post according to this Procedure exercises control of correctness of classification of goods during procedures of customs control and registration of goods.

The authorized person of PTO or customs post of customs authority according to this Procedure:

makes the Decision during control of correctness of classification of the goods given to customs clearance;

performs registration of the Decisions made by PTO or customs post.

ІІ. Procedure for adoption of provisional solutions

1. PRK are taken out by customs authorities concerning goods which are subject of the external economic agreement (contract) or other document which is used in the international practice instead of the agreement (contract), including is relative TO.

2. PRK is issued to the customs applicant or person authorized by it and is effective within three years from the date of its acceptance if the facts and conditions on the basis of which this decision was made remain invariable.

3. Upon termination of effective period of PRK loses action which does not interfere with the customs applicant or person authorized by it to address with the new address about acceptance of PRK.

4. For the purpose of receipt of PRK the customs applicant or person authorized by it gives (sends) to customs authority the written address about adoption of the provisional solution about classification and the coding of goods, including TO (further - the address) concerning one name (article) of goods in the form given in appendix 1 to this Procedure.

5. Are applied to the address of the customs applicant or person authorized by it:

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