Country of origin of the goods

Article 109. Definition and the statement of country of origin of the goods

1. Definition of country of origin of the goods occurring from the states, not being members of the Customs union, at their import to the Russian Federation, is carried out according to the Agreement on uniform rules of definition of country of origin of the goods and chapter 7 of the Customs code of the Customs union.

2. In need of definition of country of origin of the goods occurring from member states of the Customs union, rules of definition of country of origin of the goods, established according to the international contracts of the Russian Federation, prisoners within the limits of a zone of free trade of the Commonwealth of Independent States if other is not established by the international contracts of member states of the Customs union are applied.

3. The country of origin of the goods is defined by the customs applicant, and in the cases established by the present Federal law, customs body. The country of origin of the goods is declared by the customs applicant to customs body at customs declaring of the goods. The origin of the goods from country of origin of the goods declared by the customs applicant should be documentary confirmed according to the customs legislation of the Customs union.

Article 110. Control of correctness of definition of country of origin of the goods

1. Customs bodies carry out control of correctness of definition of country of origin of the goods with a view of maintenance of observance of measures of customs-tariff and not tariff regulation in cases when application of such measures depends on country of origin of the goods, before release of the goods.

2. By results of control of correctness of definition of country of origin of the goods the customs body makes the decision on country of origin of the goods and (or) granting of tariff preferences under the form and is perfectly in order, which are defined by the

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federal enforcement authority authorised in the field of customs business.

3. If during control of correctness of definition of country of origin of the goods by customs body it is revealed that conditions of granting of the tariff preferences, established by the customs legislation of the Customs union are not met, the customs body when due hereunder makes the decision on refusal in granting of tariff preferences.

4. At detection before release of the goods of the signs specifying that the declared data on country of origin of the goods which influence the size of the customs duties subject to payment, taxes and (or) on application of measures of not tariff regulation, can be doubtful or properly not confirmed, the customs body spends additional check. Within the limits of carrying out of additional check by customs body additional documents and data can be requested. Carrying out of additional check is not the basis for refusal in release of the goods. Release of the goods is carried out under condition of payment of the customs duties, taxes or maintenance of their payment according to article 63 of the Customs code of the Customs union.

5. At acceptance by customs body of the decisions specified in parts 2 and (or) 3 present articles, after release of the goods such decisions go to the customs applicant within five working days after their acceptance. Collecting of not paid sums of the customs duties, taxes is carried out according to the present Federal law.

Article 111. The preliminary decision on country of origin of the goods

1. The federal enforcement authority authorised in the field of customs business, and other customs bodies defined by federal enforcement authority, authorised in the field of customs business, on demand of the applicant make the preliminary decision on an origin of the goods from the concrete country. The applicant the Russian person who is representing itself as the owner of the goods, the buyer of the goods, the customs applicant can be. The applicant the foreign person who is representing itself as the customs applicant can be.

2. The person interested in acceptance of the preliminary decision, directs to corresponding customs body inquiry about acceptance of the preliminary decision. In such inquiry all data on the goods, necessary for acceptance of the preliminary decision should be specified: the full commercial name, a company name, the basic technical and

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commercial characteristics (appointment, a grade, mark, model, the article, a material of which the goods, functions carried out by the goods, the description of individual and transport packing are made).

3. Test reports, certificates of examination of commercial and industrial chambers or other expert enterprises of the country of the manufacturer of the goods, the conclusion of experts of the expert organisations in which results of research of the goods are resulted, are applied on inquiry the documents confirming fulfilment of the external economic transaction, accounting of cost of the made goods, the detailed description of technological process of manufacturing of the goods, certificates on an origin of the goods and other documents, testifying that the given goods completely are made or will subject to sufficient processing in territory of the country of an origin of the goods. Tests can be applied on inquiry and samples of the goods.

4. If the data presented by the applicant are insufficient for acceptance of the preliminary decision, the customs body notifies the applicant on necessity of granting of the additional information within 30 calendar days from the date of inquiry registration about acceptance of the preliminary decision. The additional information should be given within 60 calendar days from the date of registration in customs body of the notice in writing of the applicant. If the information is not given when due hereunder, the customs body refuses inquiry consideration about acceptance of the preliminary decision.

5. The preliminary decision is accepted not later than 90 calendar days from the date of inquiry registration in customs body.

6. In case of need grantings of the additional information according to a part 4 present articles the current of the term specified regarding 5 present articles, stops from the date of registration of the notice in writing of the applicant and renews from the date of reception by customs body of last document containing required data.

7. The form and an order of acceptance of the preliminary decision on goods country of origin are defined by the federal enforcement authority authorised in the field of customs business.

8. The preliminary decision operates within three years from the date of its acceptance if it is not changed, is not withdrawn or its action is not stopped. The preliminary decision is

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obligatory for all customs bodies of the Russian Federation.

9. The customs body can make the decision on cancellation, on change or a response accepted by it or subordinate customs body of the preliminary decision. The decision on cancellation of the preliminary decision is accepted, if by customs body is established that the applicant for acceptance of the preliminary decision has presented false documents both (or) has informed doubtful and (or) incomplete data.

10. The decision on cancellation of the preliminary decision comes into force from the date of acceptance of such preliminary decision.

11. Change of the preliminary decision is made in case of revealing by customs body or the applicant of the errors admitted at acceptance of the preliminary decision.

12. The decision of customs body on change of the preliminary decision comes into force in time, specified in the decision on change of the preliminary decision.

13. The preliminary decision responds in cases if the international contracts of the Russian Federation or standard legal certificates of the Russian Federation establish other requirements and conditions of definition of country of origin of the goods.

14. The decision on a response of the preliminary decision is accepted by customs body within 30 calendar days after day of publication of the international contracts of the Russian Federation or the standard legal certificates of the Russian Federation specified regarding 13 present articles, and comes into force simultaneously with them.

15. The decision on cancellation, on change or a response of the preliminary decision goes to the applicant not later than the day following day of removal of the decision on cancellation, about change or a response of the preliminary decision.