LAW OF UKRAINE

of July 17, 1997 No. 468/97-BP

About state regulation of agricultural import

This Law establishes procedure for tariff and non-tariff regulation of import of agricultural raw materials and products of its conversion (further - agricultural products) for creation of equal conditions of the competition between products of national production and products of nonresidents, and also some methods of price support of agricultural producers of Ukraine.

Article 1. Tariff regulation of agricultural import

The import (import) customs duties on the goods determined in article 6 of this Law are established and change the Verkhovna Rada of Ukraine.

Complete rates of import (import) duty for goods of the first and second groups of the Ukrainian classification of goods of foreign economic activity (UKT foreign trade activities) (except excisable) are established in double size to the size of the preferential rates of import (import) duty determined in article 6 of this Law.

Complete rates of import (import) duty for goods of third - the twenty fourth groups of the Ukrainian classification of goods of foreign economic activity (UKT foreign trade activities), and also on excise goods are established at the level of preferential rates.

In case of commodity importation, determined in article 6 of this Law, are not permitted:

payment deferral of customs duty and value added tax;

exemption of import (import) customs duty of the physical persons or legal entities having privileges from payment of import customs duty agrees other legislative acts of Ukraine.

Article 2. Seasonal customs duties on import of agricultural products

Seasonal import (import) duties are found annually in the double size to the size of preferential rates of import (import) duty for agricultural products of groups of the Ukrainian classification of the goods of foreign economic activity (UKT foreign trade activities) determined in part five of this Article during the term of cleaning and bookmark on storage of similar products of the Ukrainian production.

Seasonal customs duties are considered as exception from the preferentsionny or preferential modes, including from free-trade agreements, custom unions, production cooperation and other similar international agreements if it is provided by such agreements. Seasonal customs duties during time of their action replace import (import) customs duties, the stipulated in Clause 6 these Laws.

The Cabinet of Ministers of Ukraine establishes effective periods of seasonal customs duties on agricultural products and will promulgate the decision in 45 days prior to day of their introduction.

Seasonal customs duties are established for the term which cannot be smaller 60 and big 120 consecutive calendar days.

Seasonal duties are established concerning goods which fall under determination of such codes of the Ukrainian classification of goods of foreign economic activity (UKT foreign trade activities): 07.01 - 07.08, 08.06. 10, 08.07. 10, 08.08. 10, 08.08. 20, 08.09. 10000, 08.09. 20, 10.01 - 10.05, 10.08, 12.06 - 12.08, 12.10, 12.12. 91, 12.12. 92, 12.13, 12.14 and at the same time are assessed with tax at the preferential rate which equals or exceeds 30 percent according to article 6 of this Law.

Article 3. Non-tariff regulation of import of products of livestock production

For the purpose of support of competitiveness of domestic manufacturers of products of livestock production the Cabinet of Ministers of Ukraine establishes annual quotas (quantitative restrictions) for import of products which are subject to determination as the first and second groups of the Ukrainian classification of goods of foreign economic activity (UKT foreign trade activities) (codes 01.02, except 01.02.10. 000, 01.03, except 01.03.10. 000, 01.05, except 01.05.11. 000, 01.06. 00, 02.01, 02.02, 02.03, 02.04, 02.05.00. 000, 02.06, 02.07, except 02.07.39. 130, 02.07.39. 230, 02.07.41. 510, 02.07.39. 130, 02.07.39. 230, 02.07.41. 510, 02.08, 02.09. 00, 02.10) it is also assessed with import customs duty at the preferential rate equaling or exceeding 30 percent according to article 6 of this Law.

Quotas in the current year are effective about day of holding the auction on their sale next year and extend to import deliveries of products of livestock production from all countries. At the same time the agricultural products which are subject to quoting are not exempted from taxation by import (import) customs duty.

The amount of quota of rather separate type (type, grade) of products of livestock production cannot exceed 10 percent from production volume of similar products in Ukraine the year preceding current. The specific amount of quota within the specified 10 percent is determined by the Cabinet of Ministers of Ukraine according to amounts of national production of separate type of products of livestock production and amounts of its consumption (including imported) in year, to prior current.

Quotas are considered as exception from the preferentsionny or preferential modes, including from free-trade agreements, custom unions, production cooperation and other similar international agreements if it is provided by such agreements.

Annual quotas for import of import products of livestock production are implemented for means at the auctions held by the Ministry of Agriculture and Food of Ukraine within 60 calendar days from the date of promulgation of statistical data about the actual amounts of national production of products of livestock production and amounts of its consumption (including imported) in year, to prior current. The quotas remaining unrealized during the specified term are not subject to further realization or use. For holding the auction the state fee in the amount of, stipulated by the legislation is collected from buyers of import quotas. Income gained from sale of quotas is enlisted in the Government budget of Ukraine.

Information on Date of Introduction and the size of quotas for livestock production products, and also data on holding auctions for sale of such quotas will be promulgated in official periodicals of the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine not later than 30 calendar days from the date of holding the corresponding auction.

The quota is considered its cost realized only after complete payment person who won auction.

Further resale of quotas is not allowed, at the same time the consignee of the import products which are subject to quoting person who won auction can be exclusive.

Quotas are established on import of each type of products of separate four-digit goods item of groups of the first and second, according to the Ukrainian classification of goods of foreign economic activity (UKT foreign trade activities), and subdivided into lots, each of which shall constitute one percent from the total amount of quota for such goods item.

For holding the auction the Ministry of Agriculture and Food of Ukraine creates from among the workers having the status of government employees, the auction commission operating for and on behalf of the specified Ministry.

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