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Customs without a certificate. Is it possible?

27.08.2020

Customs without a certificate. Is it possible?


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Over the past couple of years, the state has carried out a number of systemic changes in the field of control over the confirmation of the conformity of products manufactured in the state with the requirements of technical regulations. These measures directly affected all participants in this area: manufacturers, importers, certification bodies and laboratories.


Of course, these changes were necessary, since the certification market has always raised many questions due to the formality of the conformity confirmation procedure itself. But at the same time, it should be noted that the measures introduced resulted in a significant increase not only in the time required for issuing permits, but in the cost of these services.


And if earlier this issue was not so acute: 10 years ago it was possible to issue a certificate of conformity in half an hour or an hour at a cost of 5-10 thousand rubles, now many foreign economic activity participants began to turn to the possibility of legal import of products without confirmation of compliance. The current legislation does provide for a number of such opportunities for commercial organizations when declaring the customs procedure for release for domestic consumption:


1) The products are not included in the list of goods in respect of which the submission of the customs declaration is accompanied by the submission of a document on the assessment (confirmation) of compliance with the requirements of technical regulations.


The point is that the provisions of technical regulations are generally generalized. By virtue of the specifics of their work, certification bodies interpret these provisions as broadly as possible and are ready to issue a permit document for any product that is somehow affected by the technical regulations. At the same time, customs officials, when exercising control, are guided by lists of specific codes and names of goods, in respect of which the submission of a customs declaration is accompanied by the submission of a document on the assessment (confirmation) of compliance with the requirements of technical regulations. If the product is not included in the appropriate list, then customs clearance of the cargo can be carried out without providing a declaration / certificate of conformity. Undoubtedly, here it is worth paying attention to the correctness of the selection of the code and the description of the product, since an error can threaten a serious fine.


Another aspect of this basis of import, which cannot be ignored, is the issue of importing multi-component products or sets. Quite often, importers ask themselves whether it is necessary to submit permits for the components of the declared sets. It should also be noted here that if the code of the goods for which the kit is imported does not require the provision of documents of conformity, then the customs authority will also not require anything for the components. At the same time, if the component is declared separately, then customs formalities cannot be completed without a certificate / declaration of conformity.


2) Products are imported as samples and samples for research and testing.


Due to numerous violations of the procedure for importing samples and samples of products for the purpose of confirming compliance, many participants in the foreign economic activity of the Federal Customs Service of Russia, together with the Federal Accreditation Agency, are working together in this direction. Regulatory prescriptions allow the import of product samples only on the basis of an agreement and a letter from an accredited body (laboratory) confirming the required amount of products for testing purposes. At the same time, the products must pass real tests, which are "baked" not only by state bodies, but also by accredited persons. Failure to comply with these conditions can be considered as a violation of the conditions for placing the goods under the customs procedure and bringing the importer to administrative responsibility.


3) Products are imported as spare parts for servicing and repairing previously imported finished products.


It should be noted here that the import of spare parts is allowed only if the compliance with the mandatory requirements of the finished products is confirmed and the relevant permits are submitted to the customs authorities. In addition, in practice, the customs authorities request technical documentation confirming that the declared spare parts belong to finished products.


The procedure for the import of components or raw materials (materials) for products manufactured in the territory of the state looks similar.


4) Products, used products (operation).


It should be borne in mind that when customs clearance of used products, the customs authority for the release of goods may request documents confirming the date of release of the product and its operation. The absence or deficiencies of the specified documentation may lead to problems with the release of goods.


5) Products are imported in single copies or quantities and exclusively for the declarant's own use, including for research or representation purposes as souvenirs or advertising materials.


The main problem of this import condition is the lack of a normative definition of the term "single copies (quantities)", as a result of which there is an ambiguity in the law enforcement practice of the customs authorities, and for foreign economic activity participants there is always the risk of being brought to administrative responsibility.


Considering the issue of import without providing a document on the compliance of products with the requirements of technical regulations, one cannot but touch upon the issue of conditional release of goods. The current legislation provides for the right of a foreign economic activity participant to submit a declaration / certificate of conformity within a period not exceeding 45 days after the release of the goods, if such documents cannot be provided during customs declaration. Conditionally released goods are prohibited from transferring to third parties, including through their sale or alienation in another way.


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