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Mission “unblock customs clearance of raw materials” complete

20.07.2020

Complainee: State Customs Service (SCS), Chornomorska Customs of the State Customs Service (Chornomorska Customs)

Complaint in brief: A large enterprise from Mykolaiv region that imports raw materials, complained about withdrawal of permits for placement of goods in the special regime (the customs regime of processing) necessary for customs clearance. It is important to note that such a regime is favorable for producers as it exempts them from taxation when importing goods from abroad.
The enterprise appealed against the decision of the customs authority concerning withdrawal of the permit to the court. The document suspension allowed to continue cargo unloading and the customs clearance of barges with raw materials. 
However, still having a strong intention, the customs did not want to let imported raw materials go into the country, and made a second decision to revoke the same permit.
The second decision, although duplicated the previous one, was not formally suspended during the trial, and made it impossible to proceed with the customs clearance respectively. The enterprise appealed against the second customs decision to the court, but the controlling authority made a third decision. The customs had taken 9 similar decisions in a row for a month. Thus, the complainant`s cargo could have remained in port for an indefinite period of time that could result in serious losses for the enterprise and lead to return of the goods to a sender. The enterprise immediately asked the Council for help.

Actions taken:  The investigator of the Council carefully examined the case file and acknowledged the complaint was substantiated. The Council appealed to the customs administration and asked to refrain from taking duplicate decisions on withdrawal of the same permit for placement of goods in the special regime.

Results achieved: Due to the Council`s facilitation the customs authority stopped taking the same decisions on withdrawal of permits for placement of goods in the customs regime of processing in the territory of Ukraine.
The enterprise got an opportunity to perform customs clearance of raw materials that were in port and is currently waiting for the court`s decision in this regard. The complainant himself informed the investigator about this fact. The case was successfully closed.