of September 10, 2002 No. 01-1/2-02
At the request of Commonwealths of Independent States Executive committee about interpretation of Item 9 of Rules of determination of the country of goods' origin of September 24, 1993 in the edition accepted by Council of Heads of Government of October 18, 1996
The executive committee of the Commonwealth of Independent States appealed to Economic Court of the CIS with request about interpretation of application of Item 9 of Rules of determination of the country of goods' origin of the September 24, 1993 in the edition accepted by Council of Heads of Government on October 18, 1996 providing that "the goods are considered the events from customs area of the State Parties of the Agreement on creation of the free trade area of April 15, 1994 if it corresponds to the criteria of origin established by these rules, is exported by resident of one of the State Parties of this Agreement and imported by resident of the State Party of this Agreement from customs area of other State Party of this Agreement. At the same time the resident is understood as the organization created in the territory of this state or the physical person who is constantly living in the territory of this state".
Because residents of the State Parties of the Commonwealth have disagreements concerning application of Item 9 of Rules of determination of the country of goods' origin in the edition stated above, the Executive committee of the CIS asks to explain under what conditions commodity import, the State Party of the Agreement on creation of the free trade area coming from the country, attracts provision of tariff preferences to residents of other State Parties of this Agreement and whether availability of direct economic and contractual link between residents of the country of goods' origin and country of import is obligatory at the same time.
Having researched the materials provided on case and according to Item 127 of Regulations, the Economic Court draws the following conclusion.
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