Interesting “URVEST” projects in 2013-2014

False declaration of goods:

The case on administrative offence under the Part 3 of the Article 16.2 of the Code of Administrative Offences of the Russian Federation against LLC “e-Customs”.

The case on administrative offence under the Part 3 of the Article 16.2 of the Code of Administrative Offences of the Russian Federation was initiated against the Client (LLC “e-Customs”). The reason for initiation of the case was – detection by customs authorities after the release of the goods inconsistencies of the declared data to the physico-chemical characteristics of the goods that affect its classification in accordance with the stated code of commodity nomenclature of external economic activity. This circumstance led to an underestimation of the amount payable in the budget of Russian Federation customs duties amounting 1667421 rubles (46256.22 $).

The Court of First Instance having examined the materials of an administrative case convicted the company (our client) of an administrative offense under the relevant article of the Code of Administrative Offences and sentenced the company to a fine of 660421 rubles (18320.85 $).

The client turned to our company for assistance on the appeal of the fine.

Based on the analysis of the case, it was found that the rate of import customs duty in respect to the commodity nomenclature of external economic activity code to which actually belonged imported goods was changed.

The rate of import customs duty has been reduced in accordance to the changes in the legislation of the Russian Federation to – 0% of the customs value (previously the rate of import customs duty was – 10%). Thus admitted violation ceased to be socially dangerous.

On these grounds our lawyer (Dmitri Ivanov) has built a position according to which the Client admitted guilt in committing violations imputed to him, and due to absence of public danger applied for recognition of minor violations (sentencing as an oral reprimand without material penalty).

As a result of this work, the Appellate Court found the Client’s position lawful and justified, acknowledged the committed offence as minor, and revoke the appointment of a fine of 660,421 rubles (18320.85 $).

(The case against LLC “e-Customs” initiated by the  Baltic Customs, case at the customs office №10216000-1171 / 2013, in the court № 5-979 / 13).