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DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of December 2, 2013 No. 284

About the Procedure for preparation by the Eurasian economic commission of decisions on classification of separate types of goods

(as amended on 23-01-2018)

According to Item 5 of Article 22 of the Customs code of the Eurasian Economic Union the Board of the Eurasian economic commission solved:

1. Approve the enclosed Procedure for preparation by the Eurasian economic commission of decisions on classification of separate types of goods.

2. Declare invalid the Decision of the Commission of the Customs union of June 18, 2010 No. 296 "About Regulations on procedure for adoption by the Commission of custom union of decisions and explanations on classification of separate types of goods".

3. Ceased to be valid according to the Decision of Board of the Eurasian economic commission of 23.01.2018 No. 10

4. This Decision becomes effective after 30 calendar days from the date of its official publication.

Chairman of Board of the Eurasian economic commission

V. Khristenko

Approved by the Decision of Board of the Eurasian economic commission of December 2, 2013, No. 284

Procedure for preparation by the Eurasian economic commission of decisions on classification of separate types of goods

I. General provisions

This Procedure is developed according to Item 5 of Article 22 of the Customs code of the Eurasian Economic Union (further - the Code) and determines rules of preparation by the Eurasian economic commission of decisions on classification of separate types of goods according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further respectively - the Commission, decisions of the Commission on classification, the CN FEA EEU), including rules of entering into the Commission by customs authorities of state members of the Eurasian Economic Union (further respectively - customs authorities, state members) offers on adoption of such decisions, their consideration by the Commission, approval of drafts of the decisions of the Commission by customs authorities on classification prepared according to the paragraph the second Item 1 of article 22 of the Code.

2. Decisions of the Commission on classification are made for the purpose of ensuring uniformity of interpretation of the CN FEA EEU.

II. Entering into the Commission of offers on classification of separate types of goods on the CN FEA EEU

3. Offers on classification of separate types of goods on the CN FEA EEU are made in the Commission by the following customs authorities: The Ministry of Finance of the Republic of Armenia, the State Customs Committee of the Republic of Belarus, Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan, the State Customs Service under the Government of the Kyrgyz Republic and the Federal Customs Service.

4. The offer on classification of separate type of goods on the CN FEA EEU is made in the Commission by customs authority in initiative procedure or based on the decision of the Joint board of Customs Services of state members of the Customs union (further – the Joint board) accepted for the purpose of initiation of decision making of the Commission about classification.

The specified offer is made in writing in the form of the address about need of decision making of the Commission about classification (further – the address) with application of documents and materials, stipulated in Item 5 or Item 6 of this Procedure respectively.

5. Are applied to the address introduced in the Commission in initiative procedure:

a) the draft decision of the Commission about classification;

b) the reference including:

short reasons for need of decision making of the Commission about classification;

the description of separate type of goods with indication of its functional purpose and characteristics;

depending on nature of separate type of goods: information on the field of its use, its main properties and characteristics, and also other data influencing determination of classification code of separate type of goods on the CN FEA EEU;

reasons for classification code of separate type of the goods given in the draft decision of the Commission about classification with indication of the applied Basic rules of interpretation of the Commodity nomenclature of foreign economic activity;

c) letters (the copy of letters) of other customs authorities with statement of approaches of these bodies to classification of separate type of goods for the CN FEA EEU or the copy of request (requests) of the customs authority which introduced the address about submission of information on the approaches to classification of separate type of goods by the CN FEA EEU applied by other customs authorities (if after 3 months from the date of sending an inquiry (requests) the answer in writing did not arrive);

d) the documents containing the description of separate type of goods, its functional purpose and characteristics necessary for its classification by the CN FEA EEU and also depending on nature of separate type of goods – information on the field of its use and its main properties (for example, technical documentation, information from the producer on quantitative and high-quality structure of goods, other documents characterizing goods).

6. To the address introduced in the Commission based on the decision of the Joint board, documents are attached depending on the bases of initiation by the Joint board of decision making of the Commission about classification:

a) if need of the decision making of the Commission about classification based on the classification opinion accepted by Committee on the Harmonized system of World Customs Organization to the address is provided in the decision of the Joint board are applied:

the draft decision of the Commission about classification;

the reference including short reasons for need of decision making of the Commission about classification;

decision of the Joint board;

classification opinion of Committee on the Harmonized system of World Customs Organization (with appendix of transfer into Russian) with indication of information on its introduction in force;

b) in other cases are applied to the address:

the documents specified in subitems "a", "b" and "g" of Item 5 of this Procedure;

decision of the Joint board;

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