“Aspectum.” client, a Lithuanian company specializing in international logistics services, filed an application to declare the goods for customs clearance under code TN VED EAS 1901909900 (instant milk beverage Regilait and Regilait Topping 2 and Regilait Topping 4 in the amount of 15.5 tons. Country of origin – France, member of the European Union) at the customs post MAPP Ubylinka of Pskov Customs.
Customs authorities carried out customs examination, including taking the samples of the products. Customs authorities scheduled two expertise tests which found that TN VED EAS 1901909900 was applied wrongly, and import of such goods from the EU to the territory of the Russian Federation is prohibited by Resolution of the Government of the Russian Federation dated 20.08.2014 No. 830, in other words, the sanctions imposed by Russian government in response to the U.S. and the European Union economic sanctions against Russia apply to these goods.
Customs believed that the imported goods classified by subheading 0404 90 210 0 TN VED EAS and prohibited on the territory of the Russian Federation.
Customs authorities concluded that the Carrier committed an administrative offense under article 16.3 of the Administrative Code (Violation of the prohibitions and restrictions on the import of goods on the customs territory of the Eurasian Economic Union or the Russian Federation). The transported goods were arrested and sent to the temporary storage warehouse. Such administrative offences may result goods confiscation. The case was filed to Pskov City Court ( number 5-371/2017).
“Aspectum.” represented the client based on the following position: groups of goods classified according to the codes listed above are similar, and the application of 0404902100 or 1901909900 codes depends on the presence of caseinates in the product. Notes to the Single Commodity Nomenclature of Foreign Economic Activities of the Eurasian Economic Union (TN VED EAS) (Volume VI. Sections I-XXI. Group 01-97) clarifies that products containing caseinates in amount of more than 3 wt. % in dry substance, are not included in commodity item 0401-0404, as in natural conditions milk does not contain caseinates in such quantity (in particular, see heading 1901).
Two tests ran by the Customs authorities didn’t show the amount of caseinates Regilait Topping 2 and Regilait Topping 4 contain.
However, upon our request, the manufacturer of the imported goods, the French company SAS Regilait, provided the information that the product contains sodium caseinate. Moreover, the Customs experts stated caseinates amount cannot be measured because Russian authorities do not have certified measurement methods.
According to the Chamber of Commerce of the Russian Federation expert with more than 40 years of expertise the product is classified by 1901 90 990 0 code and its import to the territory of the Russian Federation is not prohibited or restricted by the applicable law.
“Aspectum.” team could prove that no offense was committed by our client, the administrative proceedings were terminated in accordance with article 24.5 of the Administrative Code by resolution of the Pskov city court (case No. 5-371/17). Court decision came into force, the goods seized by the Customs authorities in the amount of 15.5 tons returned to our client.
