Organization : State Customs Committee
Type of Facility : Guidelines for Preliminary Ruling on Classification of Goods
Country: Belarus
Website : https://www.gtk.gov.by/
Guidelines for Preliminary Ruling on Classification of Goods :
Procedure for making a preliminary ruling on the classification of goods, and also the contents of an application are set forth in Chapter 6 of the Customs Code of the Customs Union.
Related : Ministry of Foreign Affairs Procedure For Obtaining Visa Belarus : www.statusin.org/9326.html
Minsk Central Customs is the customs authority authorized to adopt a preliminary ruling on the classification of goods.
A preliminary ruling is made based on application of an individual (hereinafter – the applicant) submitted in writing to the head of Minsk Central Customs.
The application is sent to:
Minsk Central Customs
45 Mogilevskaya Street, Building 3, Minsk, 220007.
Application for a preliminary ruling should contain the following information:
Information about the applicant (a legal entity): name and postal address of the organization, TIN, position, name and initials of the chief executive, contact phone number;
Information about the applicant (an individual: surname and initials, postal address, phone number, and number of passport series or other identity document, when and by whom it was issued.
** The application from a legal entity must be duly stamped and signed by the chief executive of an organization.
** The application from an individual must be signed by this individual.
** Full name of the product, its brand, model or stock number or other identification attribute of the producer; information about the manufacturer of the product.
Detailed description of the product including:
A description of its appearance, size, weight, size, purpose and area of application; technical description of the product, including, depending on the nature of the product, the principle of operation, function, construction, complete set of units, specifications, material composition; description of packaging; the form in which the product is submitted for customs clearance (disassembled, incomplete set, unfinished state).
Since it is only the information specified in an application that has legal value, pay attention that all the necessary information for the classification of goods should be provided in the application itself.
It is unacceptable to specify only the name and destination of the goods with a note “description, specifications and other information about the product are attached.” The documents and materials attached to the application shall confirm the declared information.
The documents and materials certifying the declared information, depending on the nature of the product, should include:
** samples of the product; quality certificates, test reports, examiner’s reports from the expert accredited bodies, notes or certificates of expert organizations;
** Technical and regulatory documents (eg, technical certificates (passports), formulas and specifications, etc.);
** Schemes, drawings, paintings and photographs of the product;
** Brochures and factsheets;
Commercial documents (copies of foreign trade contracts for the supply of goods and specifications, invoices, bills, etc.), as well as other documents that contain the information necessary for an unambiguous classification of merchandise.
To classify a production line consisting of separate components assembled together to perform a specific function and submitted for customs clearance at the same time, you must provide the following information and documents:
A supply contract and detailed specification; assembly drawing (diagram) of the line with the numbers (positions) of individual components that make part of the line; a brief description of the process indicating a functional relationship of the line components, a description of the function line; description of the functions performed by the line and individual components of the line .
If the technological equipment is supplied as individual components within a certain period of time, and submitted for customs clearance separately, the preliminary ruling is not issued. A decision on assigning single commodity descriptor is made by the State Customs Committee of Belarus in accordance with Resolution No. 117 of the State Customs Committee of Belarus of 23 November 2007.
Please note that all copies of the documents and materials submitted together with the application for a preliminary ruling should be marked “a certified copy”, duly stamped and signed by the chief executive of an organization or an authorized person with the power of attorney authorizing a person to represent the interests of the organization in customs matters.
If the information submitted by the applicant is insufficient for making a preliminary ruling, the customs authority shall notify the applicant of the need for additional information within 30 (thirty) calendar days from the date of receipt by the customs body of the application for a preliminary ruling. Additional information should be submitted within sixty (60) calendar days since the day of receipt of the written notification by the applicant. If the information is not presented within the prescribed period, the application for a preliminary ruling is rejected.
A preliminary ruling is made within 90 (ninety) calendar days from the date of registration of the application for a preliminary ruling at the customs body.
If additional information is necessary, the deadline shall be suspended and resumed on the date of receipt by the customs authority of the last document containing the requested information.
A preliminary ruling is valid for three (3) years from the date of its adoption, unless it is changed, withdrawn, or its validity expires.
Simultaneously with the application for a preliminary ruling an applicant submits a payment document confirming that customs duty for making a preliminary ruling has been made.
In accordance with Presidential Decree No.443 of 13 July 2006, the fee for a preliminary ruling on a product makes up €155.
A preliminary ruling is made in respect of each item of goods (not on similar goods of the same series) including specific brand, model, stock number, or modification. Therefore, the amount of customs fees for the issuance of a preliminary ruling should match the number of items of goods specified in the application