Subject of complaint: Kyiv Customs Office, State Fiscal Service of Ukraine (SFS)
Complaint in brief: The Complainant, one of the biggest Ukrainian retailers and food importers, addressed the BOC regarding a claim that the Kyiv Customs Office was systematically and without justification increasing the declared customs value (DCV) of goods imported from the United States.
As of July 2016, the Complainant had submitted 280 complaints to administrative courts, challenging the legality of 1,320 SFS decisions adjusting the DCV of goods upwards. The court overturned all but 31 decisions considered by Complainant to be groundless.
Action taken: The BOC investigated the matter and found the remaining decisions equally unjustified. Given the systematic nature of the actions, the BOC raised the matter at a meeting with the PM on July 12. The PM ordered the Kyiv Oblast and Kyiv Municipal Customs Offices to stop unjustified upward adjustments to the DCV and called for an investigation. This was recorded in the minutes of the meeting.
Result achieved: On October 30, the Complainant informed the BOC that for the previous three months, the DCV “adjustments” stopped being systematic and normal customs clearance of goods had been renewed. The case was closed. Yet, the BOC continues to monitor the case to make sure that illegal actions on the part of SFS against the Complainant do not resume.
14.11.2016