Article 61. Application for a preliminary decision on the origin of the goods of the Customs Regulation Code in the Republic of Kazakhstan

     1. A preliminary decision on the origin of goods is made by the customs authority on the basis of an application from a person (hereinafter referred to in this chapter as the applicant) submitted in the form approved by the authorized body, in the form of an electronic document or a paper document.

     2. The application for making a preliminary decision on the origin of the goods must contain information about:

     1) the applicant (surname, first name, patronymic (if it is indicated in the identity document) or name, place of residence or location);

     2) product (full commercial name, brand name (trademark), main technical and commercial characteristics (functional purpose, grade, brand, model, article, description of individual and transport packaging), code in accordance with the Commodity Nomenclature of foreign economic activity, cost);

     3) the materials from which the goods are made, their origin, codes in accordance with the Harmonized Commodity Description and Coding System, cost;

     4) production and technological operations performed for the manufacture of goods;

     5) payment of the customs fee for making a preliminary decision on the origin of the goods.

     A copy of the document confirming the payment of the customs fee for making a preliminary decision on the origin of the goods shall be attached to the application for making a preliminary decision on the origin of the goods.

     3. The application for a preliminary decision on the origin of the goods shall be accompanied by examination certificates of the chambers of commerce and industry and (or) other expert organizations of the country (group of countries, customs union of countries, region or part of the country) of the manufacturer of the goods and a certificate of origin for which a preliminary decision on the origin of the goods is being made.

     The application for a preliminary decision on the origin of the goods may be accompanied by other documents confirming the information indicated therein: test reports, expert opinions of expert organizations, which contain the results of the study of the goods, documents confirming the transaction involving the movement of goods across the customs border of the Eurasian Economic Union, calculation of the cost of manufactured goods, commercial invoices, accounting documents, a detailed description of the technological process of manufacturing the product, and other documents, evidence that the product has been fully received, produced, or sufficiently processed in the territory of the country (group of countries, customs union of countries, region, or part of the country) of origin, photographs, drawings, drawings, product passports, and other documents necessary for making a preliminary decision on the origin of the product.

     Samples and (or) samples of the goods may also be attached to the application for making a preliminary decision on the origin of the goods.

     The customs authority has the right to request the translation of information contained in documents attached to the application for a preliminary decision on the origin of the goods, drawn up in a language other than Kazakh or Russian.

     4. If the information provided by the applicant is insufficient to make a preliminary decision on the origin of the goods, the customs authority, no later than ten working days from the date of receipt by the customs authority of the application for a preliminary decision on the origin of the goods, sends the applicant a request for additional information.

     Additional information must be provided no later than sixty calendar days from the date the customs authority sends a request to the applicant about the need to provide additional information.

     If the additional information is not provided within the time period specified in the second part of this paragraph, or the additional information provided does not contain information allowing for a preliminary decision on the origin of the goods, the customs authority shall refuse to make such a preliminary decision on the origin of the goods and notify the applicant thereof, indicating the reasons for the refusal.

     5. If, when making a preliminary decision on the origin of the goods, signs are found that the submitted certificate of origin is inauthentic and (or) contains false information, the customs authority has the right to send such a certificate of origin to the state body of the Republic of Kazakhstan or an authorized organization that issued and (or) authorized to verify the certificate of origin., to verify such a certificate of origin.

     If the state body of the Republic of Kazakhstan or an authorized organization that issued and/or authorized to verify the certificate of origin confirms that the certificate of origin is not authentic and/or contains false information, the customs authority refuses to make a preliminary decision on the origin of the goods and notifies the applicant about it, indicating the reasons for the refusal. In this case, the customs fee paid by the applicant for making a preliminary decision on the origin of the goods will not be refunded.

     6. The customs authority shall register preliminary decisions on the origin of goods in the register of preliminary decisions on the origin of goods in the manner and in the form approved by the authorized body.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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