Odesa customs refunds UAH 1.3 mn. of overpayments to tire importer
Subject of complaint: Odesa Customs of the SFS (Odesa Customs)
Complaint in brief: Odesa-based tire importer approached the Council. The company could not get a refund of overpaid customs duties.
In 2017-2018, Odesa Customs adjusted the customs value of the Complainant’s imported goods for a total amount of over UAH 2 mn. The company disagreed with the price for the products determined by the customs authority but paid the duty to import the products into the territory of Ukraine as required by the government agency. Later the company appealed the decision of Odesa Customs in court. Odesa District Administrative Court declared the customs value adjustment made by the customs authority illegal and obliged customs officers to refund overpayments in full.
Almost two years have passed since the decision came into force, while the government agency returned only one third of the value. The company turned to the Business Ombudsman Council with this issue.
Actions taken: The Council’s investigator twice addressed Odesa Customs in writing with a request to execute a court order and refund the rest of the amount to the company. For the first time the government agency allegedly lacked a written application for the overpayment refund from the company.
Result achieved: Odesa Customs finally accepted the Council's arguments and agreed to refund UAH 1.3 million to tire importer. The case was closed successfully.