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LETTER OF THE FEDERAL CUSTOMS SERVICE OF THE RUSSIAN FEDERATION

of October 2, 2012 No. 04-57/48984

About application of provisions of the order of FCS of Russia of 12.12.2011 No. 2499

For the purpose of ensuring uniform approach to application of provisions of the order of FCS of Russia of 12.12.2011 N 2499 "About approval of procedure for fixation of date and time of submission of the declaration for goods" (it is registered by the Ministry of Justice of the Russian Federation 18.05. 2012, рег. N 24216) GUOTOITK explains the following.

According to Item 5 of the Procedure for fixation of date and time of submission of the declaration for goods approved by the order of FCS of Russia of 12.12.2011 N 2499 (further - the Procedure) if concerning the submitted declaration on goods (further - DT) the official reveals, including with use of regular software that DT and (or) its electronic copy was already earlier registered, then the official without delay informs on this fact of the customs applicant (the customs representative).

If information that the given DT and (or) its electronic copy was sent to customs authority repeatedly, or in the absence of such information from the customs applicant (the customs representative) no more than 2 hours from the moment of giving of DT in time is confirmed by the customs applicant (the customs representative), such DT is considered mistakenly directed.

By Item 6 of the Procedure it is determined that in the cases specified in Item 5 of the Procedure, DT or its electronic copy are not registered. In turn by Item 6 of the article 190 Customs Code of the Customs Union it is determined that if DT is not registered by customs authority, then such DT is considered for the customs purposes not given.

With respect thereto, ГУОТОиТК the letter N 04-57/41664 was sent of 20.08.2012 to TsITTU with request to replace for DT stated above status condition "refusal in registration" on "mistakenly directed".

In addition we inform that now ГУОТОиТК the draft of the order of FCS of Russia "About modification of the order of FCS of Russia of December 13, 2011 N 2506" by which are described as actions of officials of customs authorities in case of similar situations, and parameters of identification of possible mistakes or duplication of information prepares.

The specified draft of the order of FCS of Russia is planned to entry into force from 01.11.2012.

 

Chief of Head department of the organization of customs clearance and customs control major general of Customs Service V. V. IVIN

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