Appealing customs decisions

Do not agree with the resolution of the customs organization? The procedure for appealing customs decisions will be much more effective if you contact ATC C&L. Representatives of the companies have experience in resolving disputes in departmental and judicial proceedings. They will select the optimal strategy for protecting the client’s interests — taking into account the circumstances, probable outcome and wishes.

What decisions can be challenged

  • Change of goods declaration (value adjustment)
  • About classification of cargo according to the TN foreign economic activity of the EAEU.
  • About refusal of tariff benefits.
  • Other decisions that led to losses and increases in customs duties and duties.

Out-of-court resolution of disputes with customs

The applicant applies to a higher customs authority against the decision of a lower one. The complaint must contain arguments and evidence of violations by customs officers. In some cases, it is possible to submit an application to the Federal Customs Service. The appeal procedure is regulated by Federal Law No. 289 of August 3, 2018. Advantages of departmental dispute resolution:

  • no need to pay state duty;
  • the time frame for consideration of an application is much shorter than when filing a claim in court
  • the challenge process will be significantly cheaper.

Despite the serious advantages of an out-of-court complaint, this option is not always effective. Thus, it is practically useless if it is necessary to challenge the classification of goods according to the Customs Code of Foreign Economic Activity. But this is a more profitable method for appealing the adjustment of customs value.

Important! The period for consideration of an application-complaint when submitted to the customs authority whose actions are being disputed is 1 month from the day of filing. The decision can be appealed within 3 months.

Appealing against customs decisions in court

An appeal to the court is possible within 3 months from the moment the controversial decision is made. On average, the trial process takes up to 2-3 months. When filing an appeal and cassation, it will take another 1-3 months. Features:

  • The case is being considered in the region where the decision being appealed was made. So, if the higher customs authority is located in another region, this will not affect jurisdiction.
  • In claims for recovery of damages, the defendant should indicate the Federal Customs Service, compensation is assigned to the treasury of the Russian Federation.
  • When challenging changes to the declaration and classification of cargo, the courts are guided by the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 49 dated November 26, 2019.

ATC C&L lawyer will carefully study the documents and inform the client about the prospects of the case during the consultation. In most cases, specialists manage to make a fairly accurate forecast both in terms of timing and of results.

Advantages of contacting ATC C&L

Competence Efficiency Efficiency Affordable price
Lawyers have extensive experience in resolving litigation and out-of-court appeals against customs decisions. The right protection strategy almost always gives excellent results. We will begin to compile a complaint on the day of your request. We reduce the time frame for filing complaints as much as possible. Tariffs for lawyer services depend on the complexity of the process and the volume of work.
 
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