Chapter 6. THE COUNTRY OF ORIGIN OF GOODS. NOMENCLATURE OF GOODS SUBJECT TO FOREIGN TRADE
§3 Preliminary Decision
Article 41. Preliminary Decisions
1. Upon a request of an interested person, the Federal Customs Authority and the customs offices designated by the Federal Customs Authority will make a preliminary decision on the classification of goods pursuant to the Nomenclature of Goods subject to Foreign Trade with regard to any specific kinds of goods and the goods origin from a specific country (the country of origin of goods).
2. The form and the measures involved in making a preliminary decision shall be determined by the Federal Customs Authority.
Article 42. Request for a Preliminary Decision
1. A person interested in a preliminary decision shall be obliged to submit his (or her) written request for a preliminary decision to be made to the respective customs office.
Such a request needs to contain all the information required for the process of making a preliminary decision, and it should be supplemented with the goods’ samples and specimens, their description, photographic images, sketches, drawings, commercial, technical, and other documents.
2. If the information submitted by an applicant is insufficient for a preliminary decision, the customs office concerned shall instruct the applicant to provide additional information within thirty days from the day of submission of the request setting the time limit for its submission. In case the applicant has failed to provide the requested additional information within the prescribed term of time, his (or her) request for a preliminary decision shall be declined.
In case the first request for a preliminary decision has been declined, the interested person has the right to apply to customs authorities with a new request for a preliminary decision provided the reasons for the first refusal of his (or her) request have been resolved.
Article 43. Legal Substance and Validity of Preliminary Decisions
1. The customs authorities have the right to pass a resolution whereby a preliminary decision issued either by them or by their subordinate customs office may be terminated, amended or revoked (to amend or revoke a preliminary decision issued either by the customs authorities or their subordinate customs office) in the instances stipulated herein.
A resolution passed to terminate, amend or revoke a preliminary decision shall be made in writing and forwarded to the recipient of said preliminary decision not later than on the day following the date when the resolution is passed to terminate, amend or revoke said preliminary decision.
2. A resolution to terminate, amend, or revoke a preliminary decision shall be made if a preliminary decision in question was made on the basis of fictitious documents submitted by the applicant. The resolution to terminate a preliminary decision shall go into effect on the date of issuance said preliminary decision.
3. A preliminary decision shall be amended in case the Federal Customs Authority has passed a formal resolution mandatory for all the customs authorities with regard to the classification of specific goods or in the event of detection of errors in the process of preliminary decision-making.
An amendment shall go into effect based on the terms specified in the resolution on said amendment of the preliminary decision but not earlier than within three months from the date of adoption of the resolution to amend the preliminary decision.
4. The effective preliminary decision may be revoked in the following instances:
- in case the Nomenclature of Goods subject to Foreign Trade has been amended, or the World Customs Organisation adopted the classification requirements mandatory for application in the Russian Federation;
- in case the international treaties to which the Russian Federation is party or Russian laws which regulate the procedures of determining the country of origin of goods, establish other terms and conditions for determining the country of origin of goods.
A resolution to revoke a preliminary decision should be passed not later than within three days from the date of publication of the above-mentioned statutes and go into effect concurrently with them.
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