Last Friday, March 15, the 1st Customs and International Trade Forum of the Bar Association of Ukraine was held in Kyiv.
During the forum, Igor Sokolovsky, Senior Lawyer at Advice Group, spoke about our experience in matters related to the classification of goods.
The main points of discussion were based on the following:
1) The declarant has many effective customs clearance rights to use;
2) The declarant may carry out his independent studies which the customs authority is obliged to take into account;
3) When changing the commodity code, the customs authority must clearly justify not only its position on the decision taken, but also on the arguments for rejection of the supporting documents provided by the declarant, or their selective evaluation;
4) In most similar cases, the Supreme Court has a business side.
And the proof of the practical application of our findings is the fact that on Tuesday, March 19, Igor on appeal appealed to the next decision in favor of the client in the dispute over the cancellation of the decision on the identification of the goods made by the customs authority for our client. In this case, six classification decisions were revoked because the customs authority could not prove the reasons for their adoption and the reasons for rejection of the supporting documents provided by our client. The company will be reimbursed the overpaid customs fees for each of the decisions and the costs of the case.