of November 15, 2012 No. 05-91/56751
About provision of the certificate of origin of the ST-1 form
According to article 62 of the Customs Code of the Customs Union in case of commodity importation on customs area of the Customs union the document confirming the country of goods' origin is provided if tariff preferences according to the customs legislation and (or) international treaties of state members of the Customs union are provided to country of source of these goods in the territory of the Customs union. In the specified case the document confirming the country of goods' origin is provided to customs authority along with provision of the customs declaration. At the same time provision of tariff preferences can be caused by need of provision of the certificate of origin in certain form according to the legislation and (or) international treaties of state members of the Customs union.
For confirmation of the country of goods' origin in the specific State Party of the Commonwealth of Independent States (CIS) for the purpose of provision of free trade regime customs authorities of the country of import of the original certificate need provision about goods origin of the CT-1, form except as specified, the provided part 2 of article 62 of the Customs Code of the Customs Union, and also cases when the international treaties of the Russian Federation regulating questions of rules of determination of the country of goods' origin for the certificate of goods origin provide submission of the declaration on origin.
According to Item 6.2 of the Rules of determination of the country of goods' origin which are integral part of the Agreement on Rules of determination of the country of goods' origin in the Commonwealth of Independent States of November 20, 2009, cases when as the document confirming the country of goods' origin the declaration on goods origin and also when provision of documents on goods origin is not obligatory can be provided are determined according to the national legal system of the country of import.
Now such cases are not determined by the legislation of the Russian Federation.
Confirmation of the country of goods' origin in the specific State Party of the CIS for the purpose of provision of free trade regime requires provision of the original certificate about goods origin of the CT-1, form except as specified, provided by part 2 of article 62 of the Customs Code of the Customs Union, and (or) other is not provided by international treaties of the Russian Federation.
Chief of Head department of the federal customs income and tariff regulation major general of Customs Service O. N. KOMAROVA
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