ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE

of December 3, 2012 No. 1379

About procedure for provision of information that the imported goods which are imported on customs area of Ukraine for use in publishing activities and activities for production of book products of national production are not made in Ukraine

According to the subitem 1 of item 4 of the Section XXI "Final and transitional provisions" of the Customs code of Ukraine and Item 7 of subsection 2 of the Section XX "Transitional provisions" of the Tax code of Ukraine I ORDER:

1. Approve the Procedure for provision of information that the imported goods which are imported on customs area of Ukraine for use in publishing activities and activities for production of book products of national production are not made in Ukraine which is applied.

2. Grant right to sign of information to the First Deputy Minister of Economic Development and Trade of Ukraine, and in case of its absence - to person who replaces it according to distribution of obligations.

3. Declare invalid the order of the Ministry of industrial policy of Ukraine of July 29, 2008 No. 469 "About approval of the Regulations on provision of conclusion of Minprompolitiki that the imported goods are not made in Ukraine", registered in the Ministry of Justice of Ukraine on August 13, 2008 for No. 746/15437.

4. To submit to department of industrial policy in accordance with the established procedure this order on state registration to the Ministry of Justice of Ukraine.

5. This order becomes effective from the date of its official publication.

6. To impose control over the implementation of this order on the first deputy the Minister of Economic Development and Trade of Ukraine Maksyuta A. A.

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine of December 3, 2012, No. 1379

Procedure for provision of information that the imported goods which are imported on customs area of Ukraine for use in publishing activities and activities for production of book products of national production are not made in Ukraine

1. This Procedure determines the procedure of provision by the Ministry of Economic Development and Trade of Ukraine (farther the Ministry) information that the imported goods which are imported on customs area of Ukraine for use in publishing activities and activities for production of book products of national production are not made in Ukraine (further - information).

2. Action of this Procedure extends to all managing rezidentovsubjekt irrespective of patterns of ownership.

3. For receipt of information subjects of managing send to the Ministry such documents:

1) the letter of appeal concerning provision of information on the official form of the subject of managing signed by the head (or persons who fulfills its duties), under seal (in the presence) the subject of managing;

2) certified by the signature of the head (or persons who fulfills its duties) and seal (in the presence) of the subject of managing of the copy and the official translations (in case when documents are imprisoned only in foreign language):

the external economic agreement (contract) with all appendices and specifications which is the basis for commodity importation on customs area of Ukraine;

technical data sheet or other document of predpriyatiyaproizvoditel of goods, in particular with determination of technical characteristics of these goods;

certificates on entering of the subject of publishing into the State register of publishers, producers and distributors of publishing products (with obligatory availability in the certificate of type of activity, connected with publishing house and/or production of publishing products);

3) the original of the expert opinion of Chamber of Commerce and Industry of Ukraine or regional Chamber of Commerce and Industry concerning determination of commodity codes according to UKT foreign trade activities;

4) the original of the expert opinion of Chamber of Commerce and Industry of Ukraine or regional Chamber of Commerce and Industry concerning production in Ukraine of goods;

4. Accuracy of the information, provided in documents submitted for consideration, provide organization which issued them, and subject of managing according to which appeal information is provided.

5. Preparation of information (in the form of the letter) is performed by department of industrial policy of the Ministry (further - department).

6. Information prepares management of development of industries of department, is drawn up on the form of the Ministry of the established sample and is registered according to the procedure, determined for registration of outgoing correspondence, and within 30 calendar days from registration date of incoming documents in the Ministry is sent by means of mail service or issued directly to the subject of managing or its representative to condition of provision of the original of properly drawn up power of attorney on its obtaining and the identity document.

7. Consideration of the filed documents is performed in such procedure:

the department of legal support of foreign economic activity of legal department of the Ministry performs the analysis of the filed documents on compliance to the legislation;

control of development of industries of department is exercised by consideration of documents regarding the fact that the imported goods which are imported on customs area for use in publishing activities and activities for production of book products of national production are not made in Ukraine, and prepares information or reasonable refusal concerning impossibility of its provision in the form of the letter.

8. If by results of consideration of the filed documents there is no opportunity to make reasoned decision concerning provision of information, the Ministry can address to the central executive bodies, Chamber of Commerce and Industry of Ukraine and other specialized (expert) agencies or the companies for receipt of information concerning production of goods and their analogs in Ukraine.

In that case the term of provision of information specified in Item 6 of this Procedure is prolonged before receipt of information from the specified organizations or the companies, but no more than for 30 calendar days about what the Ministry in writing reports to the applicant.

9. In case when the imported goods specified in the letter of appeal concerning provision of information are not made in Ukraine, information on the form given in appendix is provided to the subject of managing.

10. In case when the imported goods specified in the letter of appeal concerning provision of information are made in Ukraine, information is provided to the subject of managing that the imported goods are made in Ukraine, at the same time the name of similar domestic goods and information concerning his producer is specified.

11. Information is not provided if:

documents are filed with violation of requirements of Item 3 of this Procedure;

the filed documents contain incomplete and/or unreliable information.

In that case the Ministry within 15 calendar days in writing gives the subject of managing about refusal in provision information with reasons for causes of failure.

12. In case of elimination of the reasons which became the basis for failure to provide information the subject of managing can repeatedly address to the Ministry for its obtaining.

13. Information is valid before completion of customs clearance of goods, but it is no more than 180 days from the date of its provision.

14. In case of identification of unreliable information in documents based on which information is provided the Ministry makes the decision on its cancellation what within five working days from the date of adoption of such decision in writing reports to the subject of managing and the State Customs Service of Ukraine with indication of the basis about.

15. Information is provided gratuitously.

Appendix

to the Procedure for provision of information that the imported goods which are imported on customs area of Ukraine for use in publishing activities and activities for production of book products of national production are not made in Ukraine

See Appendix (3Kb In original language)

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