In accordance with Part 1 of Article 46 of the Federal Law "On Customs Regulation in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation", the Government of the Russian Federation decides:
In respect of goods exported from the Russian Federation, for which the establishedad valoremor combined rates of export customs duties, with the exception of goods specified in paragraphs 8 and 9 of this resolution, customs duties for customs operations are paid at the rates provided for in this paragraph.
When applying incomplete customs declaration and (or) periodic customs declaration to goods, in the case of a declaration in one customs declaration for the purposes of placing goods not subject to export customs duties and goods subject to export customs duties under the customs procedure, customs duties for customs operations shall be paid at the rates established by paragraphs two and three of this paragraph. in respect of the categories of goods listed in them, subject to export customs duties.
When applying periodic customs declaration to goods, customs fees for customs operations when importing goods are paid at the rates provided for in paragraph 1 of this resolution for each customs declaration.
In accordance with paragraphs 2, 4 of Article 47 of the Customs Code of the Eurasian Economic Union (hereinafter -The EAEU) the rates of customs duties, as well as cases when customs duties are not paid, are established by the legislation of the member states of the Eurasian Economic Union (hereinafter referred to as the EAEU).
According to Part 1 of Article 46 of Federal Law No. 289-FZ dated 08/03/2018 "On Customs Regulation in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation" (hereinafter - Federal Law No. 289-FZ), the rates and base for calculating customs duties are established by the Government of the Russian Federation.
The cases when customs fees for customs operations related to the release of goods (hereinafter referred to as customs fees for customs operations) are not collected are determined by Article 47 of Federal Law No. 289-FZ.
Paragraph 26 of Part 1 of Article 47 of Federal Law No. 289-FZ establishes that customs duties for customs operations are not levied in respect of goods placed under the customs procedure of export, with the exception of goods subject to export customs duties.
Goods subject to export customs duties are goods for which the rate of export customs duty is established (including the rate of 0% and 0 rubles).
In this regard, the exemption from payment of customs duties for customs operations provided for in subparagraph 26 of Part 1 of Article 47 of Federal Law No. 289-FZ is applied to goods placed under the customs procedure of export, if the rates of export customs duties are not established in respect of such goods (including the rate in in the amount of 0% and 0 rubles).
Government Decree No. 342 comes into force from01.08.2020.
The rates of customs duties for customs operations established by paragraph 2 of Government Decree No. 342 are applied in cases where goods exported from the Russian Federation (with the exception of goods specified in paragraph 26 of Part 1 of Article 47 of Federal Law No. 289-FZ, as well as in paragraphs 8 and 9 of Government Decree No. 342) are not the rates of export customs duties have been established or specific rates of export customs duties have been established.
Taking into account the above, Government Resolution No. 342 does not contain legal norms that contradict the provisions of the legislation of the Russian Federation on customs regulation.
Additionally, we inform you that written explanations to declarants and other persons on the application of the legislation of the Russian Federation on customs regulation are given by the federal executive authority responsible for the development of state policy and regulatory regulation in the field of customs (part 7 of Article 4 of Federal Law No. 289-FZ).
The functions of developing and implementing state policy and regulatory regulation in the field of customs affairs were transferred to the Ministry of Finance of the Russian Federation in accordance with Presidential Decree No. 12 of January 15, 2016 "Issues of the Ministry of Finance of the Russian Federation".
Additionally, we inform you that you can evaluate the work of the FCS of Russia with the appeals and requests of citizens for completeness, speed and substance of the response using an online questionnaire on the official website of the FCS of Russia www.customs.en in the section "Open service" - " "Citizens' appeals".
Acting Head of the Main Directorate of Federal Customs Revenue and Tariff Regulation, Major General of the Customs Service S.A.Semashko
The Federal Customs Service of Russia informs that from 08/01/2020, Decree of the Government of the Russian Federation No. 342 dated 03/26/2020 "On Rates and Basis for Calculating Customs duties for customs operations related to the release of goods" (hereinafter - the Resolution) comes into force.
The Resolution establishes a number of features of the application of customs duty rates for customs operations related to the release of goods (hereinafter - customs duties). In order to be correctly reflected in the goods declaration (hereinafter -DT) information on the calculation of customs duties, the Federal Customs Service of Russia places examples on filling in column 47 DT.
General rules for filling in column 47 DT:
1. Paragraph 1 of the Resolution establishes a general rule for determining the rate of customs duties, according to which the rate of customs duties is determined depending on the value of the total customs value of the declared goods. This rule applies, among other things, to goods exported from the Russian Federation for which ad valorem or combined rates of export customs duties are established (with the exception of goods specified in paragraphs 8 and 9 of the Resolution).
On 01.08.2020, the Decree of the Government of the Russian Federation No. 342 of 26.03.2020 "On the rates and basis for calculating customs duties for Customs operations related to the release of goods" (hereinafter referred to as the Resolution on the rates of customs duties) comes into force.
Paragraph 1 of the resolution on the rates of customs duties establishes that in respect of goods exported from the Russian Federation for which ad valorem or combined rates of export customs duties are established, with the exception of goods for which temporary periodic customs declaration, incomplete customs declaration and (or) periodic customs declaration are applied, customs duties for customs operations, related to the release of goods (hereinafter referred to as customs fees for customs operations) are paid at rates calculated from the customs value of the goods.
The rates of export customs duties on goods exported from the Russian Federation outside the member States of the Customs Union agreements are established by Decree of the Government of the Russian Federation No. 754 of 30.08.2013 (hereinafter referred to as the Resolution on export duty rates).
In accordance with the resolution on the rates of export duties in respect of certain goods (including those classified in items 1001 11 000 0, 1001 19 000 0, 1001 91 100 0, 1001 91 200 0, 1001 91 900 0, 2611 00 000 0, 2709 00 100 1, 2711 11 000 0, from 4403 11 000 1, out of 4403 11 000 9 of the unified Commodity nomenclature of foreign economic activity of the Eurasian Economic Union) the rate of export customs duty in the amount of 0% is established.
This rate is the ad valorem rate of customs duty.
In connection with the above, from 01.08.2020, it is necessary to determine and declare in the declaration for goods the customs value when declaring goods exported from the territory of the Russian Federation, in respect of which the rates of customs duties for customs operations calculated from the customs value of goods are applied, including when declaring goods in respect of which ad valorem rates of export customs duties are applied in the amount of 0%, except for goods in respect of which temporary periodic customs declaration, incomplete customs declaration and (or) periodic customs declaration is applied.
The Federal Customs Service of Russia draws attention to the fact that the decree on the rates of customs duties does not provide for the possibility of using, from 01.08.2020, for calculating customs duties for customs operations, the price actually paid or payable, indicated in the invoice issued in connection with the purchase and sale transaction, or the value given in commercial or other documents related to declared goods.