It is registered
Ministry of Justice
Republic of Moldova
On September 26, 2016 No. 1130
of August 19, 2016 No. 296-O
About approval of the Regulations on the decision on classification of goods
For the purpose of execution of provisions Articles 141-2 and 141-3 of the Customs code of the Republic of Moldova approved by the Law No. 1149-XIV of the July 20, 2000 (republished in Monitorul Oficial al Republicii Moldova, special release of January 1, 2007) with subsequent changes and amendments, I ORDER:
1. Approve Regulations on the decision on classification of goods (according to appendix).
2. To assign execution of this order to chiefs of customs.
3. To impose control of execution of this Order on Department of the income and customs control.
4. This order becomes effective in 30 days from the date of publication in Monitorul Oficial al Republicii Moldova.
5. Repeal the Order of Customs Service No. 80-O of February 28, 2012 about approval of the Instruction about the procedure of creation and consideration of the application about issue of the provisional tariff solution (Monitorul Oficial al Republicii Moldova, 2012, No. 99-102, the Art. 629).
CEO of Customs Service
to the Order of Customs Service of the Republic of Moldova of August 19, 2016 No. 296-O
1. This Provision establishes the procedure of issue of the provisional tariff solution, the classification decision, and also the procedure of delay of final determination of commodity code.
2. In this Provision the following terms are used:
a) the classification decision - the decision, taken out by territorial customs authorities in the course of declaration of goods or their release in free circulation;
b) the provisional tariff solution – the tariff decision concerning classification of goods, obligatory for customs authorities and the owner, in case of observance of the conditions stated in this Provision;
c) the applicant – person who appeals to Customs Service about issue of the provisional tariff solution;
d) the owner – person on whose name the provisional tariff solution is issued;
e) the customs applicant – person determined according to Art. 1 of the item 13) of the Customs code.
3. Classification of goods is performed on the basis:
a) The international convention about the Harmonized commodity description and coding system signed in Brussels on June 14, 1983 which the Republic of Moldova joined, having adopted the Law No. 112-XV of April 22, 2004;
b) Section 22-1 "Classification of Goods according to the Combined Commodity Nomenclature", Customs code;
c) The law No. 172 of July 25, 2014 on approval of the Combined commodity nomenclature;
d) methodologies of classification of separate types of the goods developed by Customs Service;
e) the explanations to the Harmonized commodity description and coding system developed by World Customs Organization which member the Republic of Moldova is.
f) the explanations to the Combined commodity nomenclature of the Republic of Moldova developed by Customs Service.
4. Within the provided import or export transactions interested persons in the right to make request in Customs Service for issue of the provisional solution about classification of goods (further – the provisional tariff solution).
5. Application for issue of the provisional tariff solution is issued in writing to Customs Service according to sample from appendix No. 1 to this Provision.
6. The statement for issue of the provisional tariff solution shall belong to one type of goods. Documents and information necessary for classification of goods which will contain the following data are enclosed to the application:
a) name/name, place residence/address, contact telephone number of the owner;
b) the name/name, the place the residence/address, contact telephone number of the applicant if he is not owner;
c) and to classify the detailed description of goods which will allow to identify them according to the Combined commodity nomenclature;
d) the structure of goods and methods of research used for their determination in case classification depends on it;
e) samples, photos, plans, catalogs or any other available documents in state language which can be useful to Customs Service to establishment of the correct classification according to the Combined commodity nomenclature (are applied as appendices to the statement);
f) expected classification by opinion of the applicant;
g) any data which are considered as confidential;
h) consent to registration of the provided information in the database of Customs Service and on that that elements of provisional tariff solutions, including any photo, the sketch, the booklet, etc., were made public, except for information which the applicant specified as confidential, to which provisions of the Law No. 171-XIII of July 06, 1994 on trade secret are applied;
i) specifying that earlier the application was submitted to Customs Service or the provisional tariff solution concerning identical or homogeneous goods was passed if the applicant has such information;
k) the document confirming the right of representation if the applicant is not owner.
7. In case in case of receipt of the statement by Customs Service it is determined that it does not contain all data necessary for removal of reasoned decision, or in cases when the statement does not belong to the forthcoming export-import transactions, the Customs Service informs in writing on refusal of consideration of the application or asks the applicant to provide the absent information.
7-1. In situation, stipulated in Item the 7th this provision, deadline of submission of the additional information will not be exceeded by 30 calendar days from the date of the notice.
7-2. The Customs Service does not take cognizance of the statement without additional notice if the applicant did not submit required information within stipulated in Item 7-1 term
8. In case the statement for issue of the provisional tariff solution contains all information necessary for classification of goods, the Customs Service draws up the provisional tariff solution according to sample from appendix No. 2 to this Provision.
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