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Import of goods without declarations and certificates of conformity

11.01.2021

Import of goods without declarations and certificates of conformity

Import of goods without declarations and certificates of conformity

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 compliance of products manufactured on the territory of the state with the requirements of technical regulations . These measures directly affected all participants in this field: manufacturers, importers, certification authorities and laboratories.

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

Small businesses suffered the most from these changes: if 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, and the declaration of conformity is even easier and cheaper, now the cost of certification services leads to a significant increase in the cost and actual unprofitability of small commercial parties. This circumstance could not but affect the practice of conducting foreign economic activity, and many foreign trade participants turned their attention to the possibility of importing products without confirming compliance.

The current legislation does provide for a number of legal ways to release goods for domestic consumption without issuing appropriate permits, let's consider the main ones:

1) Products do not fall into the list of goods for 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.
The fact is that the provisions of technical regulations are generally generalized in nature. Certification bodies, due to the specifics of their work, interpret these provisions as widely as possible and are ready to issue a permit for any product that is affected in one way or another 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 products are not included in the relevant 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 importation basis that cannot be overlooked is the issue of importing multicomponent products or kits. Quite often, importers ask the question of the need to submit permits for the components of the declared sets. It should also be noted here that if the product code for which the kit is imported does not require the provision of compliance documents, then the customs authority will also not require anything for the components. At the same time, if the component is declared separately, it is impossible to complete customs formalities 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 Trade of the FCS of Russia, together with Rosaccreditation, are working together in this direction . Regulatory requirements allow the import of samples of goods only on the basis of a contract and a letter from an accredited body (laboratory) confirming the required quantity of products for testing purposes. At the same time, the products must pass real tests, which are" taken care of " not only by state bodies, but also by accredited persons. Failure to comply with these conditions may be considered as a violation of the conditions for placing the goods under the customs procedure and bringing the importer to administrative responsibility.

3) The products are imported as spare parts for the maintenance and repair of previously imported finished products.
It should be noted here that the import of spare parts is allowed only if the conformity of the finished products with the mandatory requirements is confirmed and the relevant permits are submitted to the customs authorities. In addition, customs authorities in practice request technical documentation confirming that the declared spare parts belong to finished products.
Similarly, the procedure for importing components of goods or raw materials (materials) for products produced in the territory of the state looks like.

4) Products, used products (operation).
It should be taken into account that during the customs clearance of used products, the customs authority may request documents confirming the date of release of the product and its operation for the release of the goods. The absence or shortcomings 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 representative purposes as souvenirs or advertising materials.
The main problem of this condition of importation is the lack of a normative definition of the term " single copies (quantities)", as a result of which there is ambiguity in the law enforcement practice of customs authorities, and for foreign trade participants there is always a risk of bringing to administrative responsibility.
Considering the issue of import without providing a document on the compliance of products with the requirements of technical regulations, it is impossible not to touch upon the issue of conditional release of goods .
The Law on Customs Regulation (Article 107) provides for the right of the declarant to conditional release of goods, if the release of goods to the customs authority can not be provided with documents confirming compliance with prohibitions and restrictions. At the same time, the importer is obliged to provide a reasoned request for customs declaration, the absence of which may lead to administrative detention of the cargo.
The
law does not provide for a strict form of this document, but according to the position of the customs authorities, the appeal must contain the following information:
1) objective reason for non-submission of conformity documents when declaring goods;
2) name and location of the recipient of the goods;
3) information on the qualitative, quantitative and other characteristics of the goods required for identification, for which there are no documents of compliance;
4) information about the country of departure (manufacture) of the goods;
5) the name and place, as well as the conditions of storage of goods, indicating the documents confirming the right of ownership or use of the premises (territory) intended for storage of goods;
6) planned deadline for submission of documents.
At
the same time, the information stated in the declarant's application must be documented:
- product test reports;
- letters from accredited bodies;
- documents confirming the import of samples and samples of products to the Russian Federation for the purpose of conducting research and testing;
- acts of sampling and (or) samples, etc.

Failure to provide the relevant documents and information may result in the refusal of conditional release of the goods.
Speaking about the legal consequences of conditional release for the importer, we should highlight 2 main points:
1) the declaration or certificate of conformity must be submitted no later than 45 days after the release of the product (in 2020, this period is 90 calendar days, as a measure to support savings in the context of the spread of coronavirus infection);
2) conditionally released goods are prohibited from being transferred to third parties, including by selling them or alienating them in any other way, as well as their use in any form.
It is important to note that conditionally released goods are under the control of the relevant departments of the customs authorities until the submission of permits and the completion of the conditional release of goods.

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