- legal support of the FEA Clients (preparation and analysis of contracts, specifications, invoices, and other accompanying documents);
- appeal of decisions of customs authorities in order to change the product code;
- appeal of decisions of customs authorities of the regular price using and decisions of the adjustment of customs value;
- protection of the Client’s interests in the processes of administrative violations of the customs legislation;
- appeal against the violation of customs regulations.
Customs disputes and issues legal adviser
Enterprises – importers, often face unreasonable decisions of the customs to change the code of goods imported into the territory of Ukraine. It is necessary to pay special attention to the fact that the customs has the right to change the product code not only during the customs clearance process, but also after the goods (vehicle) have been cleared. As a rule, a change in the product code occurs to the code that provides for the payment of a larger amount of customs fee.
Such decisions of the customs authority has to be appealed. You can act in two directions: administrative appeal and judicial. Recently, the administrative appeal has become quite effective. The customs can independently reverse their unreasonable decisions. Of course, such cases are not as frequent as we would like, so rather success can be achieved in court.
However, you need to understand that the judges are not experts in determining the exact product code, so it is better not to waste time and immediately declare a forensic examination, which will help determine the applicable product code.
It should also not be forgotten that if the declaring entity defines a product code that provides for the payment of a lower amount of duties, then customs officials as a rule regard such actions of the declaring entity as deliberate evasion of customs duties and draw up protocols on administrative offenses under Article 485 of the Customs Code. The result of prosecution under this article will be a fine of up to 300% of the unpaid amount of customs payments.
Also, customs officials can draw up a protocol under Art. 472 of the Customs Code, justifying this by the fact that the declaring entity indicated inaccurate (unreliable) data on the goods. In this case, confiscation of the goods and a penalty of 100% of the value of the goods will be applied to the declaring entity.
When the customs office draws up a protocol on an administrative offense related to the incorrect determination of the product code, there is no need to wait for a court decision to appeal the classification decision of the customs authority. Such a trial can last for a long period time, and the protocols must be appealed immediately, since the term for bringing to justice under the protocol on an administrative offense is 6 months from the date the customs authority detects the offense.
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Case studies
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Дії юристів:
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Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Дії юристів:
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
Why do we use it?
It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using ‘Content here, content here’, making it look like readable English. Many desktop publishing packages and web page editors now use Lorem Ipsum as their default model text, and a search for ‘lorem ipsum’ will uncover many web sites still in their infancy. Various versions have evolved over the years, sometimes by accident, sometimes on purpose (injected humour and the like).
Результат:
There are many variations of passages of Lorem Ipsum available, but the majority have suffered alteration in some form, by injected humour, or randomised words which don’t look even slightly believable. If you are going to use a passage of Lorem Ipsum, you need to be sure there isn’t anything embarrassing hidden in the middle of text. All the Lorem Ipsum generators on the Internet tend to repeat predefined chunks as necessary, making this the first true generator on the Internet. It uses a dictionary of over 200 Latin words, combined with a handful of model sentence structures, to generate Lorem Ipsum which looks reasonable. The generated Lorem Ipsum is therefore always free from repetition, injected humour, or non-characteristic words etc.
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Serhii Dmytrenko
Зверталися за супроводом контрактів і представництвом у третейському суді. Юридичні фахівці допомогли підготувати всі документи і захистили наші інтереси ефективно. Процес був швидким і без зайвої бюрократії. Дуже задоволені результатом і рекомендуємо компанію колегам.
