On new rules for determining customs export value.

23.03.2012

Legal Update No. 339

Goltsblat BLP hereby advises of new Russian Government Resolution No. 191 dated 6 March 2012 introducing new rules for determining the customs value of commodities exported from Russia (the Resolution). The Resolution comes into effect on 14 April 2012, superseding the previous rules.

It should be noted that the procedure for determining customs export value has not been changed significantly, being based on the Agreement on determination of the customs value of goods transported across the customs border of the Customs Union dated 25 January 2008.

Customs export value is still used as the basis for calculating export duty.

Customs value is not determined or declared unless export duty is to be paid on the exported goods.

The basis for determining the customs value of any evaluated (exported) goods is to be calculated as the sum of the transaction value, i.e., the price actually paid or payable for goods purchased for export purposes, and additional charges (agency fees, packaging costs, cost of raw materials, design costs, licence charges, etc.) (method 1).

If the customs export value of goods cannot be determined on the basis of their transaction value (method 1), this should be done by reference to the transaction value either of identical goods (method 2), or of similar goods (method 3), or by the computed value method (method 5), or the reserve method (method 6).

The computed value method is not, however, applicable to export transactions, so it is not mentioned in the Resolution.

Irrespective of the customs value determination method applied (method 1, 2, 3, 5 or 6), the customs should disclose in writing the data source and the detailed computation made on its basis.

For additional information, please contact:

to Vladimir Tchikine
Partner, Customs and Currency Regulations
Goltsblat BLP,
T: +7 (495) 287 44 44,
E: info@gblplaw.com

to Irina Malikova
Assosiate, Customs and Currency Regulations
Goltsblat BLP,
T: +7 (495) 287 44 44,
E: info@gblplaw.com

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