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

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.

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

1. 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 - state members) offers on adoption of such decisions, their consideration by the Commission, the direction of information on approval of drafts of the decisions of the Commission by them about classification prepared according to Item 1 of article 22 of the Code, or notes and offers on them.

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

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

3. Offers on classification of separate types of goods according to the CN FEA EEU are made in the Commission by Committee of state revenues 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 Ministry of Finance of the Kyrgyz Republic and the Federal Customs Service (further - customs authorities) in initiative procedure or based on the decision of the Joint board of Customs Services of state members (further - the Joint board).

The addresses concerning preparation of decisions of the Commission on classification which arrived from other public authorities of state members (excellent from specified in paragraph one of this Item), and also from physical persons and legal entities, are not considered by the Commission on being.

4. The offer on classification of separate type of goods according to the CN FEA EEU is made in writing in the form of the address about decision making of the Commission about classification (further - the address).

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

a) the draft decision of the Commission about classification;

b) the reference including the description of separate type of goods with indication of the applied Basic rules of interpretation of the Commodity nomenclature of foreign economic activity, information on the field of its use, the main properties, identification and classification characteristics;

c) letters (the copy of letters) of other customs authorities with statement of approaches of these bodies to classification of the separate type of goods according to the CN FEA EEU specified in the draft decision of the Commission about classification or the copy of request (requests) of the customs authority which introduced the address about submission of information on the approaches to classification of the separate type of goods according to the CN FEA EEU specified in the draft decision of the Commission about classification 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 the goods considered as example by preparation of the draft decision of the Commission about classification, its functional purpose and characteristics necessary for its classification according to the CN FEA EEU and also information on the field of its use and the main properties (for example, technical documentation, information on quantitative and high-quality structure of goods, other documents characterizing goods).

6. The following documents depending on the bases of initiation by the Joint board of decision making of the Commission on classification are attached to the address introduced in the Commission based on the decision of the Joint board:

a) if the decision of the Joint board is based on the classification opinion accepted by Committee on the Harmonized system of World Customs Organization:

the draft decision of the Commission about classification;

the reference including the description of separate type of goods with indication of the applied Basic rules of interpretation of the Commodity nomenclature of foreign economic activity, information on the field of its use, the main properties, identification and classification characteristics;

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:

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

decision of the Joint board.

III. Consideration of addresses and drafts of decisions of the Commission on classification

7. Acceptance, initial processing, accounting, registration of addresses and the documents attached to them and work with them are performed according to the rules of internal document flow in the Commission approved by the Commission.

Addresses and documents attached to them are submitted to the department of the Commission providing activities of the Commission in the field of customs regulation in the Eurasian Economic Union (further - department).

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