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On Amendments To The Federal Law "on Customs Regulation In The Russian Federation"

Original Language Title: О внесении изменений в Федеральный закон "О таможенном регулировании в Российской Федерации"

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Federal Law On Amendments to the Federal Law "On customs regulations in the Russian Federation" year Approved by the Federation Council on 19 November 2014 Article 1 311-FZ "On customs regulations in the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION The following changes: 1) in Article 106: a) of Part 3 and Part 4: " 3. When an incorrect classification of goods is detected, the customs authority performs the classification of goods on its own and decides on their classification. A decision on the classification of the goods is prepared in the form of a paper document or in the form of an electronic document signed by a strengthened qualified electronic signature. The Federal Executive, which is authorized in the field of customs, determines the form and order of the decision on the classification of the goods, prepared in the form of a paper document, as well as the format and structure of the decision. The classification of the goods, prepared in the form of an electronic document. 4. The decision on the classification of the goods should contain: 1) the name of the customs authority which issued the decision on the classification of the goods; 2) the name of the declarant; 3) the registration number of the classification decision The product and date of its adoption; 4) the name of the product; 5) the information needed to classify the product; 6) desatecomnadating the classification code for the Commodity Trade Item; 7) justification for product classification decision; 8) the number of the goods, the number of the document (Customs declaration or other document to be used as a Customs declaration), in which the Customs authority has identified an incorrect classification code for the commodity nomenclature of foreign economic activity; 9) the post, name and initials of the customs authority who issued the decision on the classification of the goods and its signature; 10) other information required for Customs purposes. "; b) Part 5 in Part 6) after the words " is brought to the attention of the to supplement the words "with the words" in the form of a paper on paper or in the form of an electronic document signed by a reinforced electronic signature; g) in Part 9 after the words "additional documents and information" to supplement In the words "in the form of a paper document or in the form of an electronic document signed by an enhanced qualified electronic signature", the words "in writing" shall be replaced by the words " in the form of a paper on paper or in the form of an electronic document signed reinforced by qualified electronic signature, "; (d) in Part 10, the words" in writing "shall be replaced by the words" in the form of a paper document or in the form of an electronic document signed by a reinforced electronic signature, "; (e) In Part 11, the words "the code of the goods indicated" should be replaced by the words "the code of the goods and (or) its characteristics as specified"; , part 12, after the words "the declarant" should be supplemented by the words " in the form of a paper on paper or in type of electronic document, signed by enhanced skilled Electronic signature, "; 2) of article 107, as follows: " Article 107. { } { } { } { } { \field { \field { \field { \field { \field { \field { \field } } { \field { \field { \field { \field { \field { \field } } { \field { \field } } { \field { \field } } For a fixed period of time 1. Decision on the classification of the goods in an uncollected or disassembled form, including in incomplete or incomplete form, the import or export of which is assumed by different commodity shipments for a period of time above the time period Article 170 of the Customs Code of the Customs Union (hereinafter referred to as the goods), the characteristic of the declaration of which is defined in article 215 of this Federal Act, shall be taken in respect of the goods classified in the Merchanting of Goods 7308, 7309 00, 8701, 8702, 8704 10, 8705, 8709, 9301, 9406 00 (except mobile Items 84-86 and 84-86 of the Subposition of the Substance of the Ministry of Foreign Affairs of the Republic of Korea. 2. The Federal Executive, which is authorized in the field of customs affairs or other customs authority, determined by the federal executive authority competent in the field of customs affairs, shall decide on the classification of the goods by The basis of the decision on the classification of the goods. 3. The application for a decision on the classification of the goods is submitted in the form of a paper document or in the form of an electronic document signed by an enhanced qualified electronic signature to the federal executive authority, A person authorized in the field of customs, a person authorized to act as a declarant of the goods (hereinafter referred to as the applicant). 4. The application for a decision on the classification of the goods must contain: 1) information about the applicant (name, organizational and legal form, individual tax number, main public registration number, postal code) Address); 2) product information (name, product list); 3) time of delivery of the goods; 4) the customs procedure under which the goods will be placed; 5) the name of the Customs Authority, where will be declaring the goods; 6) Information on the form to be taken of the decision on the classification of the goods (in the form of a paper document or in the form of an electronic document signed by enhanced qualified electronic signature). 5. The application for a decision on the classification of the goods is enclosed: 1) documents confirming the occurrence of a foreign economic transaction with respect to the goods; 2) the applicant's constituent documents (in case of the importation of the goods as a contribution to the organization's statutory (stacking) capital; 3) a statement by the resident of the special economic zone in the case of placing the goods under the customs procedure of a free Customs zone; 4) a list of components of the goods (in in the form of a table) on paper and electronic media containing: (a) the name of the components of the goods, including parts that make up a separate component of the commodity; b) the classification code of the commodity component of the commodity nomenclature of foreign economic activity; in) the quantity or the weight of the components, including parts that comprise a separate component of the goods, in units of measure used in the Mercharning nomenclature of foreign economic activities; 5), documents containing a technical description of the goods with an indication functions, the principle of action, including the the interaction of individual components of the product; 6) documents describing the individual components of the product, specifying the purpose, function, principle of action, material from which they are manufactured; 7) assembly (mounting) drawing (diagram); 8) a document confirming the authority of the signatory to the decision on the classification of the goods and the documents attached thereto. 6. The application for a decision on the classification of the goods is recorded by the federal executive authority competent in the field of Customs, not later than the day following the day of the application for decision on the classification of the goods. 7. The application for a decision on the classification of the goods shall be considered by the federal executive authority competent in the field of Customs or sent for consideration by a Customs authority designated by the federal authority. The competent authority in the field of Customs (hereinafter referred to as the Customs authority considering the application for the decision on the classification of the goods). 8. In the case of the federal executive authority competent in the field of Customs, applications for a decision on the classification of the goods for consideration by another Customs organ of the federal executive branch, The authorized person in the field of customs affairs informs the participant of foreign economic activity not later than the day following the day of the application for making the decision on the classification of the goods. 9. The Federal Executive, which is authorized in the field of customs, determines the format and structure of the application for a decision on the classification of the goods in the form of an electronic document and the documents annexed to it, the requirements for filling Applications for a decision on the classification of the goods, as well as the format and structure of the list of components of the goods referred to in paragraph 4 of Part 5 of this article, when submitted in the form of an electronic document signed by an enhanced qualified electronic signature. 10. In the consideration of the application for a decision on the classification of the goods, if: 1) the application for a decision on the classification of the goods and the documents attached to it submitted on paper are signed by the unauthorized person The person and/or the application for a decision on the classification of the goods and the documents attached to it do not meet the requirements set out in Part 9 of this Article; 2) components of the goods in accordance with the rules of classification of goods do not constitute a product classified according to the codes specified in Part 1 of this Regulation. articles. 11. The decision to refuse consideration of a decision on the classification of the goods is taken within 30 calendar days from the date of registration by the federal executive authority in the field of Customs Decisions on classification of the goods and no later than the day following the day of making such a decision shall be sent to the applicant in the form of a paper on paper or in the form of an electronic document signed by a strengthened qualified electronic signature, c An indication of the reasons for the failure. 12. The Federal Executive, which is authorized in the field of customs, determines the form of the decision not to consider the application for a decision on the classification of the goods in the form of a paper on paper, as well as the format and structure The decision not to consider the application for a decision on the classification of the goods in the form of an electronic document. The refusal to consider the application for a decision on the classification of the goods does not prevent the applicant from re-examining the application, provided that the reasons for refusing the application are eliminated. 13. If the documents submitted by the applicant and the information are insufficient to make a decision on the classification of the goods, the Customs authority reviewing the decision on the classification of the goods, in the form of a paper on paper or in the form of a document An electronic document signed by an enhanced qualified electronic signature shall notify the applicant within 30 calendar days of the date of registration of the said declaration by the federal executive authority competent in the field of Customs, the need for additional information. Additional information shall be provided within 60 calendar days of the date of notification of the applicant. 14. The application for a decision on the classification of the goods is rejected, if: 1) additional information requested by the Customs authority considering the decision on the classification of the goods, in accordance with Part 13 of this Regulation Articles, not submitted on time or not fully submitted; (2) in the declaration of decision on the classification of the goods, the documents annexed thereto, and the additional information requested by the Customs authorities. by the body reviewing the application for a classification decision In accordance with Part 13 of this Article, there is contradictory information. 15. The decision to reject a decision on the classification of the goods is made in the form of a paper document or in the form of an electronic document signed by an enhanced qualified electronic signature. In the case referred to in paragraph 1 of part 14 of this article, the decision to refuse a decision on the classification of the goods shall be taken within 30 calendar days from the day following the end of the period of submission to the Customs The authority which considers the application for a decision on the classification of the goods, the additional information shall, and no later than the day following the date of such decision, be sent to the applicant, indicating the reasons for the rejection of the application. In the case provided for in part 14, paragraph 2, of this article, the decision to refuse a decision on the classification of the goods is taken within 30 calendar days from the date of registration by the Customs authority considering the application. the decision on classification of the goods, additional information and no later than the day following the date of the decision, shall be sent to the applicant, indicating the reasons for the rejection of the application. 16. The Federal Executive, which is authorized in the field of customs, determines the form of the decision rejecting the application for a decision on the classification of the goods in the form of a paper document, as well as the format and structure of the decision Rejection of the application for a decision on the classification of the goods in the form of an electronic document. The rejection of the application for a decision on the classification of the goods shall not prevent the applicant from remaking, provided that the reasons underlying the rejection of the claim are corrected. 17. The decision on the classification of the goods is taken within 90 calendar days from the date of registration by the federal executive authority, authorized in the field of customs, to make a decision on the classification of the goods. If additional information is required in accordance with Part 13 of this Article, the period specified in this Part shall be suspended and renewed from the date of registration by the Customs authority dealing with the application. Decision on the classification of the goods, additional information. 18. The decision on the classification of the goods should contain: 1) the name of the customs authority which took the decision on the classification of the commodity; 2) the registration number and the date of the decision on the classification of the commodity; 3) Information about the applicant (name, organizational and legal form, individual tax number, main public registration number, postal address); 4) name of the product; 5) 10-digit classification code for merchandise trade nomenclature activities; 6) the rationale for the product classification decision; 7) a list of components of the product that includes: a) the name of the components, including parts that make up a separate part of the product; b) the classification code of the commodity component of the foreign economic activity; c) the number or weight of the components, including parts that make up a separate component of the goods, in units of measure used in Trade nomenclature of foreign economic activity; 8) the details of the documents confirming the commission of the foreign economic transaction and in accordance with which the import or export of components of the goods will be carried out; 9) the name of the customs authority where the transaction will be carried out The declaration of the goods; (10) the type of customs procedure under which the goods will be placed; 11) the position, the name and initials of the official of the customs authority who has taken the decision on the classification of the goods, and its signature. 19. The decision on the classification of the goods is taken by the federal executive authority in the field of customs, or by another Customs authority, determined by the federal executive authority in the field of customs administration. The case is filed as a paper document or in the form of an electronic document signed by an enhanced qualified electronic signature. The Federal Executive, which is authorized in the field of customs, determines the form and order of the decision on the classification of the goods in the form of a paper document, as well as the format and structure of the decision on classification of the goods in an electronic document. 20. The decision on the classification of the goods enters into force from the day of its adoption. "; 3) to supplement Article 107-1 as follows: " Article 107-1. Making changes to the classification solution goods in an uncollected or parsed form , including in an incomplete or incomplete view, import or export of which is assumed different commodity batches within the fixed time period, or termination of this solution 1. Decision on making changes to the decision on the classification of the goods in an uncollected or unassembled form, including in incomplete or incomplete form, the import or export of which is assumed by different commodity shipments during the specified period of time (hereinafter referred to as the goods) shall be taken by the federal executive authority competent in the field of customs or other customs authority designated by the federal executive authority in the field of In the case of: 1) the adoption of the Eurasian Economic Union by an economic commission or by a federal executive authority competent in the field of customs, binding decisions or clarification of the classification of certain types of goods; 2) Identifying errors or typographical errors committed in the classification of the goods or in the preparation of documents by the applicant; (3) changes in the terms of the foreign economic transaction, if such a change relates to the goods or to the goods components; 4) making appropriate changes to the Tovarya an item of foreign economic activity; 5) the declaration of the declarant of the declaration of renunciation of further supply of the components of the goods, if the produced or exported components of the goods constitute the goods classified by the code, in the decision on classification of the goods. 2. The decision to amend the classification of the goods shall be made in the form of a paper document or in the form of an electronic document signed by a strengthened qualified electronic signature. The Federal Executive, which is authorized in the field of customs, determines the form of the decision to amend the classification of the goods in the form of a paper on paper, as well as the format and structure of the decision to make changes in the decision on the classification of the goods in the form of an electronic document. 3. The decision to make changes in the classification of the goods enters into force within the period specified in the decision to make changes in the decision on the classification of the goods. 4. In the cases defined in paragraphs 1 and 4 of Part 1 of this Article, the decision to amend the classification of the goods shall be decided by the federal executive authority authorized in the field of customs affairs for 30 calendar days. days from the date of the publication of the acts of the Eurasian Economic Commission and (or) of the federal executive authority competent in the field of customs, shall enter into force unless otherwise provided for by these acts or by customs legislation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION at the same time, and shall be sent to the applicant not later than the day following the day of the decision. 5. In the cases defined in paragraphs 2, 3 and 5 of Part 1 of this Article, the decision to amend the classification of the goods shall be taken by the Customs authority that has decided on the classification of the goods within 30 calendar days from the date of registration. by such a Customs authority, the application for changes in the classification of the goods referred to in Parts 6 and 7 of this Article and no later than the day following the day of such decision shall be communicated to the applicant. 6. The application for change in the classification of the goods must contain: 1) the particulars of the applicant (name, organizational and legal form, individual tax number, main state registration number, Postal address); 2) the registration number and date of the decision on the classification of the product; 3) the reasons for which changes are to be made. 7. Document confirming the need to change the classification of the goods is attached to the application for amendments (technical description, assembly drawings (diagrams), letters of the supplier (s), changes to the contract, packing lists, invoies, specifications), signed by the person submitting them. 8. In the case of refusal of a declarant for further supply of the components of the goods, the application for changes in the classification of the goods must be submitted to the customs authority which decided on the classification of the goods, before the expiry of the total submission period A final declaration for the goods stipulated in article 215, part 8, of this Federal Act. 9. If the documents submitted by the applicant and the information are insufficient to make a decision on changes to the classification of the goods, the application for changes in the classification of the goods is rejected. 10. The decision to reject the application for changes in the classification of the goods shall be made in the form of a paper document or in the form of an electronic document signed by a strengthened qualified electronic signature. Decision rejecting the application for changes in the classification of the goods is taken within 30 calendar days from the date of registration of the application for changes in the decision on the classification of the goods and no later than the day following the day This decision shall be communicated to the applicant, indicating the reasons for the rejection of the application. The Federal Executive, which is authorized in the field of customs, determines the form of the decision to reject the application for changes in the decision on the classification of the goods in the form of a paper carrier, as well as the format and structure The decision to reject the application for changes in the decision on the classification of the goods in the form of an electronic document. The rejection of the application for change in the decision on the classification of the goods does not prevent the applicant from resubmitting the application, provided that the reasons for rejecting the application are corrected. 11. The decision to terminate the decision on the classification of the goods shall be taken by the federal executive authority competent in the field of Customs, or by another Customs authority designated by the federal executive branch, In the case of: 1), if the Customs authority has established that the applicant for the decision on the classification of the goods has submitted false documents or has declared false or incomplete information; 2) if the final product declaration is not submitted before the end of the general period The filing of the final declaration for the goods under Part 8 of Article 215 of this Federal Law; 3) if the claimant has refused to deliver the goods, including after the importation or exportation of certain components of the goods. 12. The decision to terminate the decision on the classification of the goods shall not be taken if the imputed or removed components of the goods are in conformity with the classification code of completed or complete the goods specified in the decision on the classification of the goods. 13. The decision to terminate the decision on the classification of the goods shall be made in the form of a paper document or in the form of an electronic document signed by an enhanced qualified electronic signature, and no later than the day following the day Such decision shall be communicated to the applicant. The Federal Executive, which is authorized in the field of customs, determines the form of the decision to terminate the decision on the classification of the goods in the form of a paper document, as well as the format and structure of the decision on termination The action of the decision on the classification of the goods in the form of an electronic document. 14. The decision to terminate the decision on the classification of the goods enters into force from the day of the decision on the classification of the goods. 15. The decision to amend the classification of the goods and the decision to terminate the decision on the classification of the goods shall be notified to the Customs authority, in whose region the customs declaration will be carried out. Goods, not later than the day following the day of their adoption. "; 4) in Part 1 of Article 108 of the word" Federal authority in the field of customs and other Customs authorities, as determined by the federal authority " ), to replace the words "by the competent authority in the field of customs". "Customs authorities, as defined by the federal executive authority in the field of customs,"; 5) in article 215: (a) in paragraph 1 of part 2 of the word " issued by the federal executive authority, authorized in the field of Customs "shall be replaced by the words" issued by the federal executive authority competent in the field of customs " or by another Customs authority designated by the federal executive authority; in the field of customs "; b) in Part 8 of the word" three years " Replace the words "six years"; in Part 11 with the words "article 107, part 11", replace the words "Part 3 of Article 107-1" with "Part 12 of Article 107" to read "Part 11 of Article 107-1"; To find the force no more. Article 2 This Federal Law shall enter into force 30 days after its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin November 24, 2014 N 365-FZ