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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of January 15, 2015 No. 11

About approval of the Regulations on procedure for adoption of provisional solutions about classification of goods according to the Commodity nomenclature of foreign economic activity of the Customs union (FEACN CU)

For the purpose of ensuring uniformity of interpretation of the Commodity nomenclature of foreign economic activity of the Customs union, simplification of procedures in case of customs declaring, being guided by articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", the Government of the Kyrgyz Republic decides:

1. Approve Regulations on procedure for adoption of provisional solutions on classification of goods according to the Commodity nomenclature of foreign economic activity of the Customs union (FEACN CU) according to appendix.

2. This resolution becomes effective from the effective date the international treaty on accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of May 29, 2014.

Prime Minister

J. K. Otorbayev

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of January 15, 2015 No. 11

Regulations on procedure for adoption of provisional solutions on classification of goods according to the Commodity nomenclature of foreign economic activity of the Customs union (FEACN CU)

1. General provisions

1. This Regulations on procedure for adoption of provisional solutions on classification of goods according to the Commodity nomenclature of foreign economic activity of the Customs union (further - the Provision) determine procedure for adoption of provisional solutions about classification of goods for the purpose of reference of specific goods to certain subsubline item of the Commodity nomenclature of foreign economic activity of the Customs union (further - FEACN CU).

2. The provisional solution (further - the provisional solution) is made on classification of goods by the customs authority determined by authorized state body in the field of customs affairs, based on information on goods according to FEACN CU and the Basic rules of interpretation of the Commodity Nomenclature of Foreign Economic Activity.

3. The provisional solution is made by customs authority according to the written address of the interested person until submission to customs authority of goods for customs clearance.

4. The provisional solution is issued only to the applicant.

5. The provisional solution is obligatory for all customs authorities of the Kyrgyz Republic.

6. The form of the provisional solution is determined by the Commission of the Customs union (The Eurasian economic commission).

7. The provisional solution is effective within three years from the date of its acceptance if it is not changed, is not withdrawn or its action is not stopped.

8. Upon termination of the term specified in Item 7 of this provision, the provisional solution automatically voids that does not interfere with the address of the applicant about issue of the new provisional solution according to the procedure established by this Provision.

9. The applicant who received the provisional solution represents its original and the copy to customs authority along with other cargo accompanying documents for customs clearance.

The official of customs authority after reconciliation of the copy of the provisional solution (with the original) returns the original to the applicant, the copy of the provisional solution remains in customs authority.

2. Filing of application about adoption of the provisional solution

10. For receipt of the provisional solution the applicant directs to customs authority the written application about adoption of the provisional solution about classification of goods according to FEACN CU.

11. With the statement for adoption of the provisional solution the following documents and data shall be submitted:

- the documents containing the information about structure of goods if in FEACN CU for goods the note to group, line items, or the text of line item are established requirements for content of any substances (elements), materials in goods;

- the documents containing data on processes of conversion and types of conversion of goods if the classification sign determined in notes to group, line items or the text of line item of FEACN CU the type of processing of goods or extent of processing of goods (the technology schemes, technology instructions, the description of engineering procedure, other documents containing data on processes and types of conversion of goods) is;

- the documents containing data on technical characteristics of goods and the principle of action if the classification sign determined in notes to group, line item, or the text of line item of FEACN CU is the weight, the size, capacity, performance, other technical characteristics of goods (the technical documentation, drawings, flowcharts, technical data sheet, the maintenance instruction, technology schemes, the user's guide, other documents containing data on technical characteristics of goods and the principle of action);

- the document (power of attorney) confirming powers of the person if the statement for adoption of the provisional solution and documents to it are signed by the authorized person.

The applicant can also provide other information which is available at its order and documents including issued by state bodies and also photos, drawings, tests and samples of goods.

12. The statement arriving from the legal entity shall be signed by the head (deputy manager) of the organization, with indication of surname, name, middle name and position and to contain the organizations this about the location, the postal address, general identification code of the companies, organizations and individual entrepreneurs (RCBO code), identification taxpayer number (ITN), contact telephone number, the e-mail address (in the presence).

13. The statement arriving from physical person shall be signed by the specified person and contain data on its residence, contact phone number, and also series and passport number when also by whom it is issued. The identification taxpayer number (ITN), the e-mail address can be specified in the statement.

14. If the data provided by the applicant are insufficient for adoption of the provisional solution, the customs authority notifies the applicant on need of provision of the additional information within 30 (thirty) calendar days from the date of giving in customs authority of the statement for adoption of the provisional solution. The additional information shall be provided within 60 (sixty) calendar days from the date of the written notice of the applicant.

15. In case of non-presentation of the additional information at the scheduled time the statement is rejected what the applicant is informed in writing in day of the expiration established in request about the additional information on.

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