In accordance with Part 1 of Article 46 of the Federal Law "On Customs Regulation in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation", the Government of the Russian Federation decides:
In relation to goods exported from the Russian Federation for which ad valorem or combined rates of export customs duties, with the exception of goods specified in clauses 8 and 9 of this resolution, customs fees for customs operations are paid at the rates provided for in this clause.
When an incomplete customs declaration and (or) periodic customs declaration is applied to goods in the case of an application in one customs declaration for the purpose of placing goods not subject to export customs duties under the customs procedure, and goods subject to export customs duties, customs fees for customs operations are paid at the rates established by the second and third paragraphs of this clause in relation to the categories of goods listed therein subject to export customs duties.
When a periodic customs declaration is applied to goods, customs fees for customs operations when importing goods are paid at the rates provided for in paragraph 1 of this resolution for each customs declaration.
In accordance with paragraphs 2, 4 of Article 47 of the Customs Code of the Eurasian Economic Union (hereinafter - EAEU) the rates of customs duties, as well as cases when customs duties are not paid, are established by the legislation of the member states of the Eurasian Economic Union (hereinafter - the EAEU).
According to Part 1 of Article 46 of the Federal Law of August 3, 2018 No. 289-FZ "On customs regulation in the Russian Federation and on amendments to certain legislative acts of the Russian Federation" (hereinafter - Federal Law No. 289-FZ), the rates and the basis for calculation customs fees are established by the Government of the Russian Federation.
Cases when customs fees for customs operations related to the release of goods (hereinafter referred to as customs fees for customs operations) are not levied are determined by Article 47 of Federal Law No. 289-FZ.
Clause 26 of Part 1 of Article 47 of Federal Law No. 289-FZ establishes that customs duties for customs operations are not levied on goods placed under the export customs procedure, with the exception of goods subject to export customs duties.
Goods subject to export customs duties are understood to be goods for which the export customs duty rate is set (including a rate of 0% and 0 rubles).
In this regard, the exemption from payment of customs duties for customs operations, provided for in subparagraph 26 of part 1 of article 47 of Federal Law No. 289-FZ, applies to goods placed under the export customs procedure, if export rates have not been established for such goods. customs duties (including the rate of 0% and 0 rubles has not been established).
Government Decision No. 342 enters into force on 01.08.2020 year.
The rates of customs duties for customs operations established by paragraph 2 of Government Decree No. 342 are applied in cases where goods exported from the Russian Federation (with the exception of goods specified in paragraph 26 of Part 1 of Article 47 of Federal Law No. 289-FZ, as well as in Clauses 8 and 9 of Government Resolution No. 342) do not establish the rates of export customs duties or set specific rates of export customs duties.
In view of the foregoing, Government Resolution No. 342 does not contain legal norms that contradict the provisions of the legislation of the Russian Federation on customs regulation.
In addition, we inform that written explanations to declarants and other persons on the application of the legislation of the Russian Federation on customs regulation are given by the federal executive body responsible for the development of state policy and legal regulation in the field of customs (Part 7 of Article 4 of Federal Law No. 289- FZ).
The functions of developing and implementing state policy and legal regulation in the field of customs were transferred to the Ministry of Finance of the Russian Federation in accordance with the Decree of the President of the Russian Federation dated January 15, 2016 No. 12 "Issues of the Ministry of Finance of the Russian Federation".
In addition, we inform you that you can assess the work of the FCS of Russia with appeals and inquiries from citizens for the completeness, speed and substance of the response using an online survey on the official website of the FCS of Russia www.customs.ru in the section "Open Service" - "Citizens' Appeals".
And about. Head of the Main Directorate of Federal Customs Revenues and Tariff Regulation, Major General of the Customs Service S.A.Semashko
The FCS of Russia informs that from 1.08.2020, the Resolution of the Government of the Russian Federation of 26.03.2020 No. 342 "On rates and the basis for calculating customs duties for customs operations related to the release of goods" (hereinafter - Resolution).
The decree establishes a number of features of the application of rates of customs duties for customs operations related to the release of goods (hereinafter referred to as customs duties). In order to be correctly reflected in the goods declaration (hereinafter - DT) information on the calculation of customs duties, the Federal Customs Service of Russia posts examples of how to fill in column 47 DT.
General rules for filling in column 47 DT:
1. Clause 1 of the Resolution establishes a general rule for determining the rate of customs duties, according to which the rate of customs duties is determined depending on the total customs value of the declared goods. This rule applies, inter alia, to goods exported from the Russian Federation for which ad valorem or combined rates of export customs duties are established (except for the goods specified in clauses 8 and 9 of the Resolution).
On 01.08.2020, the Decree of the Government of the Russian Federation of 26.03.2020 No. 342 "On the rates and the basis for calculating customs duties for customs operations related to the release of goods" (hereinafter referred to as the decree on the rates of customs duties) comes into force.
Clause 1 of the decree on the rates of customs duties establishes that in relation to goods exported from the Russian Federation, for which ad valorem or combined rates of export customs duties are established, with the exception of goods in respect of which temporary periodic customs declaration, incomplete customs declaration and (or) periodic customs declaration, customs fees for performing customs operations related to the release of goods (hereinafter - customs fees for customs operations) are paid at rates calculated from the customs value of goods.
The rates of export customs duties on goods exported from the Russian Federation outside the states - parties to the agreements on the Customs Union are established by the Decree of the Government of the Russian Federation dated 30.08.2013 No. 754 (hereinafter referred to as the decree on the rates of export duties).
In accordance with the regulation on the rates of export duties in respect of certain goods (including those classified in positions 1001 11 000 0, 1001 19 000 0, 1001 91 100 0, 1001 91 200 0, 1001 91 900 0, 2611 00 000 0, 2709 00 100 1, 2711 11 000 0, from 4403 11 000 1, from 4403 11 000 9 of the unified Commodity nomenclature for foreign economic activity of the Eurasian Economic Union) the rate of export customs duty is set at 0%.
This rate is the ad valorem customs duty rate.
In connection with the foregoing, from 01.08.2020, it is necessary to determine and declare in the declaration for goods the customs value when declaring goods exported from the territory of the Russian Federation, in respect of which the rates of customs duties for customs operations are applied, calculated from the customs value of goods, including when declaring goods subject to 0% ad valorem export customs duty rates, except for goods subject to temporary periodic customs declaration, incomplete customs declaration and (or) periodic customs declaration.
The FCS of Russia draws attention to the fact that the decree on the rates of customs duties does not provide for the possibility of using from 01.08.2020 for calculating customs duties for customs operations the price actually paid or payable indicated in the invoice issued in connection with the purchase and sale transaction, or the value given in commercial or other documents related to the declared goods.