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Ministry of Justice

Russian Federation

On August 27, 2012 No. 25268

ORDER OF THE FEDERAL CUSTOMS SERVICE OF THE RUSSIAN FEDERATION

of August 2, 2012 No. 1565

About approval of form and procedure for decision making of the country of goods' origin and (or) provision of tariff preferences

According to part 2 of article 110 of the Federal Law of November 27, 2010 N 311-FZ "About customs regulation in the Russian Federation" (The Russian Federation Code, 2010, N 48, Art. 6252; 2011, N 27, 3873, N 29, of the Art. 4291, N 50, of the Art. 7351) I order to the Art.:

1. Approve form of the decision (decisions) on the country of goods' origin and (or) provision of tariff preferences (appendix N 1) and procedure for decision making about the country of goods' origin and (or) provision of tariff preferences (further - the Procedure) (appendix N 2).

2. To provide to chiefs of the regional customs authorities and customs which are directly subordinated to FCS of Russia reduction in compliance with this order of job descriptions (official regulations) of officials of subordinate customs authorities.

3. Recognize invalid:

2) the order of the State Customs Committee of Russia of December 9, 2003 N 667-p "About modification of the order of the State Customs Committee of Russia of 13.05.2003 N 223-p" (it is registered by the Ministry of Justice of the Russian Federation 13.01. 2004, рег. N 5404).

4. To impose control of execution of this order on the first deputy head of FCS of Russia V. M. Malinin.

5. This order becomes effective after 60 days after day of its official publication.

The head - the valid counselor of state of Customs Service of the Russian Federation

A.Yu.Belyaninov

Appendix № 1

to the Order of the Federal Customs Service of the Russian Federation of August 2, 2012 No. 1565

Decision (decisions) on the country of goods' origin and (or) provision of tariff preferences

See the Decision (decisions) on the country of goods' origin and (or) provision of tariff preferences (13Kb In original language)

 

Appendix № 2

to the Order of the Federal Customs Service of the Russian Federation of August 2, 2012 No. 1565

Procedure for decision making about the country of goods' origin and (or) provision of tariff preferences

I. General provisions

1. The procedure for decision making about the country of goods' origin and (or) provision of tariff preferences (further - the Procedure) determines the procedure of acceptance by customs authority by results of customs control before release of goods of decisions on the country of goods' origin and (or) provision of tariff preferences (further - decisions).

2. Decisions are made by the officials of customs authority authorized according to official regulations (job descriptions) to exercise control of correctness of determination of the country of goods' origin and observance of conditions of provision of tariff preferences and (or) to make such decisions (further - authorized officers).

3. Decisions are made by authorized officers:

before release of goods and after release of goods by results of additional check - customs post or customs if according to the differentiations of powers of customs authorities established by FCS of Russia, adoption of such decisions is referred to competence of customs;

after release of goods - customs, regional customs authority, FCS of Russia according to the differentiations of powers of customs authorities established by FCS of Russia in case of adoption of such decisions.

II. Procedure for decision making before release of goods

4. If before release of goods the signs specifying that the declared data on the country of goods' origin can be doubtful or properly not confirmed the authorized officer are not found performs release of goods based on the data on the country of goods' origin declared in the declaration on goods (further - DT).

5. If before release of goods it is revealed that the declared data on the country of goods' origin are doubtful including if the declared data on the country of goods' origin are based on other criteria, than those which application is provided by the international treaties of state members of the Customs union regulating questions of rules of determination of the country of goods' origin the authorized officer makes the decision on the country of goods' origin in form according to the appendix N 1 to this order.

For reflection of information on the made decision in the column "D" DT the authorized officer of customs post puts down at number 5 the following mark (record):

"SPT is corrected: NNN/SS/KK/OO/E", where

- the NNN element - is specified article number on DT;

- the element CC - is specified two-digit alphabetic country code of goods origin according to the Qualifier of the countries of the world approved by the Decision of the Commission of the Customs union of September 20, 2010 N 378 "About the Qualifiers used for filling of customs declarations" (in edition of decisions of the Commission of the Customs union of October 14, 2010 N 441, of April 7, 2011 N 719, of August 16, 2011 N 906, of November 18, 2011 N 858, decisions of Council of the Eurasian economic commission of March 19, 2012 N 9) (further - the Decision of the Commission of the Customs union of September 20, 2010 N 378), declared by the customs applicant (the customs representative);

- the KK element - is specified two-digit alphabetic country code of goods origin according to the Qualifier of the countries of the world approved by the Decision of the Commission of the Customs union of September 20, 2010 N 378, according to the made decision;

- the OO element - is specified the digital two-digit code reflecting the circumstances which formed the basis for decision making.

The first figure means decision making level: 3 - customs; 4 - customs post.

The second figure means the circumstance which formed the basis for decision making: 1 - results of verification of documents and data; 2 - results of customs examination or survey; 5 - results of the subsequent verification of certificates of origin performed by higher customs authority; 6 - other circumstances;

- the element E - is specified the digital code reflecting stage at which the decision is made: 1 - before release of goods.

6. According to the decision, stipulated in Item 5 About, based on article 191 of the Customs Code of the Customs Union (The Federal Law of June 2, 2010 N 114-FZ "About ratification of the Agreement on the Customs Code of the Customs Union" (The Russian Federation Code, 2010, N 23, of the Art. 2796)) the data on the country of goods' origin declared in DT which are not influencing the size of the amounts of customs payments are subject in accordance with the established procedure to change before release of goods.

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