The Federal Customs Service cancels the declaration, and from the date of its registration, and through the court.
We will mainly focus on declarations that were registered in 2018-19, that is, when the declaration was registered with the help of certification bodies.
We have repeatedly told you that this is possible, but before it was more of a warning, now these court cases are beginning to grow like mushrooms after the rain.
Let's look into this, why this is happening, and what to do with it all.
And we will start with the fact that we will find out what is the initiator of the initiation of such a case.
There are two initiators:
the first type of initiation is verification within the framework of legislation;
the second type of initiation is reclamation.
Now for each one separately.
Let's start with the legislation.
We will be interested in Resolution No. 300 and the explanation of the FCS and the FSA. From the resolution No. 300, we will be interested in only one point, and
Namely, that the Federal Accreditation Service has the right to archive the permits of certification bodies if they have not passed their annual inspection by the Federal Accreditation Service. If the certification body loses its accreditation, then all its permits are sent to the archive.
How does this affect the initiation of a court case to cancel the declaration itself?
There is a lot of human factor here, namely the bad faith of your customs representative.
If the customs representative submits a customs declaration with a reference to the declaration of conformity that has been archived, this is detected automatically and you automatically go through the entire procedure. And most likely your declaration will be canceled from the date of its registration, that is, they will file a lawsuit to cancel this declaration from the date of registration.
Now, as for the clarification of the FCS and the FSA.
We have repeatedly told you that the Federal Customs Service has the right to request a customs declaration for the import of samples and test reports from you. And if, somewhere, the FCS finds some inconsistency (there is no customs declaration for the import of samples, or the test protocols are "drawn", they do not appear anywhere, there is no such laboratory, and so on), then in this case the whole same procedure will be launched, and your declaration will be canceled through the court.
Now two words about the complaints.
There are complaints from your bona fide competitors and the second type of complaint is from bona fide competitors of your certification body. Moreover, in the past year, the second type of complaint was much more common than the first.
Now let's see what is so terrible about canceling the declaration of conformity from the date of its registration?
And it is terrible because most likely you have already imported something with this declaration before, and the more deliveries you have made, the more terrible the result will be for you. For one simple reason, there is such a thing as post-customs control, which can be carried out within three years. And you can raise all the declarations for these three years for which you referred to an invalid declaration of conformity and write you a fine in the amount of fifty to three hundred thousand rubles for each offense. And if a one-time promotion is not so scary, then when you have made several deliveries, it is already collected in a large amount.
As for the court cases.
Everything we saw, customs won.
For what reason?
There were two reasons:
the first reason is that the applicant or the importer did not even want to resist and simply did not appear at the court proceedings;
the second reason is when the importer decided to resist and turned to a lawyer, but the lawyers do not understand this.
Because it is necessary to clearly understand the customs legislation and permits and here at the junction to conduct defense. Moreover, in all the cases that we have seen, there were moments with which it was possible to win this case.
We just have legal services in this regard and if you are faced with such a situation, then contact us, it will definitely help
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