ORDER OF THE STATE CUSTOMS COMMITTEE OF THE RUSSIAN FEDERATION

of April 23, 2001 No. 388

About approval of the Instruction about procedure for classification according to the Commodity nomenclature of foreign economic activity, customs clearance and customs control of the machines delivered in the form of separate components

For the purpose of enhancement of the procedure of customs clearance of the goods moved through customs border of the Russian Federation and based on the Art. of the Art. 29, 126, 217 Customs codes of the Russian Federation (The sheet of the Congress of People's Deputies of the Russian Federation, 1993, N 31, Art. 1224; Russian Federation Code, 1995, N 26, Art. 2397; 1996, N 1, Art. 4; 1997, N 30, Art. 3586; N 47, of Art. 5341; 1999, N 7, 879) I order to the Art.:

1. Approve the enclosed Instruction about procedure for classification according to the Commodity nomenclature of foreign economic activity, customs clearance and customs control of the machines delivered in the form of separate components.

2. To exercise control of execution of this order to the vice-chairman of the State Customs Committee of Russia A. A. Kaulbars.

This order becomes effective after thirty days after its official publication.

Appendix

to the order of STC Russian Federation of April 23, 2001 No. 388

The instruction about procedure for classification according to the Commodity nomenclature of foreign economic activity, customs clearance and customs control of the machines delivered in the form of separate components

I. General provisions

1. The instruction about procedure for classification according to the Commodity nomenclature of foreign economic activity, customs clearance and customs control of the machines delivered in the form of separate components (further - the Instruction), determines features of procedure for classification according to the Commodity nomenclature of foreign economic activity of the Customs union (FEACN CU), customs clearance and customs control of goods - the machines delivered in the form of the separate components placed under customs regime of release for internal consumption or under the customs regime of free customs zone applied in the territory of the special economic zones of industrial and production and technology development type created according to the Federal Law of July 22, 2005 N 116-FZ "About special economic zones in the Russian Federation (The Russian Federation Code, 2005, N 30 (h 2), Art. 3127; 2006, N 23, Art. 2383, N 52 (h 1), Art. 5498; 2007, N 45, Art. 5417).

2. Classification according to FEACN CU of the machines specified in item 4 of the Instruction is performed by the Federal Customs Service (further - FCS of Russia). On behalf of FCS of Russia classification decisions are made by the structural division of FCS of Russia responsible for adoption of provisional solutions for classification of goods.

For customs clearance on single classification code of the Commodity Nomenclature of Foreign Economic Activity of Russia of the machines specified in Item 4, availability of the classification decision of FCS of Russia is obligatory. Receipt of the classification decisions provided by other regulatory legal acts of FCS of Russia adopted in accordance with the established procedure concerning these goods is not required.

3. Provisions of the Instruction extend to any machines (including combination of machines), the equipment, mechanisms, installations, devices or devices of group 84, 85 or 90 Commodity Nomenclatures of Foreign Economic Activity, except for the machines intended for the household purposes (further - the machine).

4. The separate components of the machine represented for customs clearance by several batches during the period of time established by this Instruction can be classified as machines, the equipment, mechanisms, devices, installations, devices, etc. concerning which the ad valorem rate of import customs duty, by the single Commodity Nomenclature of Foreign Economic Activity code is established in case of accomplishment of the following conditions:

a) being gathered, all components provided to customs clearance for the period to time, established by this Instruction, form the machine intended for accomplishment of accurately certain single function specified in any goods item of group 84, 85 or 90 Commodity Nomenclatures of Foreign Economic Activity;

b) classification of components of the machine by the single Commodity Nomenclature of Foreign Economic Activity code does not contradict provisions of notes to Sections and the Commodity Nomenclatures of Foreign Economic Activity groups, texts of goods items, subline items and subsubline items to the Commodity Nomenclature of Foreign Economic Activity, and also the Basic rules of interpretation of the Commodity Nomenclature of Foreign Economic Activity;

c) simultaneous representation of separate components for customs clearance is actually impossible or economically inexpedient because of features of production, transportation or installation;

d) all components of the machine are delivered to one receiver under one agreement (to the agreement in foreign trade, including the agreement of leasing, or to other agreement according to which the Russian goods are imported on the territory of the special economic zone (further - the SEZ) and are located under customs regime of free customs zone), which conditions provide delivery of separate components to certain period of time, or without agreement in case of commodity importation in the authorized (share) capital of the organization;

e) the customs clearance of all components is performed by the same structural division of customs or customs post;

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