DECISION OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of September 27, 2011 No. BAC-8490/11

On behalf of the Russian Federation

The substantive provisions of the decision are announced on September 20, 2011.

The complete text of the decision is made on September 27, 2011.

Board of judges of the Supreme Arbitration Court of the Russian Federation as a part of the chief judge Chistyakov A. I., judges of Alexandrov V. N., Bereziya A. E. N 6-p "About classification according to FEACN CU of separate goods" considered in proceeding in open court case on the statement of Gerda Med limited liability company (Moscow) on recognition invalid Item 111 of the order of the Federal Customs Service of 19.01.2011.

The protocol was taken by the assistant judge Rusakov of I.V.

Representatives participated in meeting:

Gerda Med limited liability companies - Domrachev E. N. - deputy director general (power of attorney of 22:07. 2011, passport of series: 46 10 N 904261, TP N 1 OUFMS of the Russian Federation across the Moscow region in is issued. Railway 29.04.2010);

Federal Customs Service:

Lebedeva K. V. - the official of Legal department (the power of attorney of 14.12.2010 of N 15-46/100-10d, the passport of series 46 07 N 755560, is issued to TP in the settlement of Pravdinsk of OUFMS of Russia on Mos. The Region in Pushkin district, 01.08. 2007);

Kruglikov I. I. - chief state customs official of Management of the commodity nomenclature (power of attorney N 15-46/2-11d of 19:01. 2011, the certificate of GS N 010772, really till 31.12.2014).

Having considered case papers, having researched the produced evidence and having heard explanations of representatives of persons participating in case, the court established the following.

The Federal Customs Service (further - FCS of Russia) accepted the order of 19.01.2011 of N 6-p "About classification according to FEACN CU of separate goods" (further - the order of FCS of Russia of N 6-p) with the Collection of decisions and explanations attached to this order on classification by the single Commodity nomenclature of foreign economic activity of the Customs union (further - FEACN CU) separate goods.

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