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Chapter 57. The preliminary decision
Article 383. The Making of a Preliminary Decision
1. The authorized state body may make a preliminary decision
on the classification of goods in compliance with the Goods Nomenclature of
Foreign Trade with respect to certain goods.
2. The fee shall be paid in accordance with Article 239 of
this Code for the making of a preliminary decision.
Article 384. Request for the Making of a Preliminary Decision
1.
The person interested in the making of a preliminary decision shall file a request
in writing with the authorized state body on the making of a preliminary decision.
The request should contain all the data necessary for the
making of a preliminary decision. If possible, tests and samples of goods, their
description, pictures, drawings, sketches, commercial, technical and other documents
necessary for the making of a decision shall be produced together with the request.
2.
If the data presented by the applicant is not sufficient for the making of a
preliminary decision, the authorized state body shall notify the applicant on
the necessity to submit additional information and shall establish the period
for its submission. If the additional information is not provided within the
established period of time, the request for the making of a preliminary decision
shall be declined.
The request for the making of a preliminary decision shall
also be declined if its making is not possible. The applicant shall be notified
of the reasons for declining the request in writing.
The declining of the request shall not prevent the applicant
from his repeated filing of a request for the making of a preliminary decision,
provided the reasons which caused the declining of the request are eliminated.
In case of a repeated filing of a request for the making of a preliminary decision,
no fee shall be paid.
3.
In case of the making of a preliminary decision, the applicant shall not be
entitled to file, in the period of its validity, a request for the making of
a preliminary decision with respect to the same goods.
Article 385. Legal Significance and the Period of Validity
of the Preliminary Decision
The preliminary decision shall be binding on all customs
bodies. The preliminary decision shall not be limited in time from the date
of its making with respect to the goods, the declarant of which is the applicant.
Article 386. Cancellation or Change of the Preliminary Decision
1. The preliminary decision shall be cancelled if such decision
was made on the basis of incomplete or unreliable information submitted by the
applicant and if another preliminary decision would have been made if complete
and reliable information had been provided. Cancellation shall come into force
the date of the making of the preliminary decision.
2. The change of the preliminary decision shall be made if
the Goods Nomenclature of Foreign Trade changes or errors are discovered that
were committed when the preliminary decision was made. The change shall come
into force within the period specified in the decision on the change of the
preliminary decision, but at least two months after the date of such decision.
3. In case of canceling or changing the preliminary decision,
the fee for the making of the preliminary decision shall not be refundable. |
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