Russia: Importer of coconut drink won a dispute with the Baltic customs
Coconut Milk
Russia
Published Oct 15, 2021
Tridge summary
LLC "Trading House RKS", as follows from the data of its website, imports into Russia the specialties of Thailand, including "coconut milk". In 2019, the company declared 34.6 thousand cans of "coconut milk" at the Baltic Customs under the EAEU nomenclature of goods subject to foreign trade code 2202 99 150 0 (8% customs duty rate). According to her, the product “Low Fat Coconut Milk” is intended for direct consumption as a beverage.
Original content
However, in January 2020, the customs initiated an additional check, carried out an examination within its framework and re-qualified food products to the EAEU nomenclature of goods subject to foreign trade code 2106 90 920 0 (10% customs duty rate). Then the importer appealed to the arbitration court of St. Petersburg and Leningrad region, asking to invalidate the decision of the Baltic customs. Note that disputes about the re-qualification of goods occupy a significant share in the structure of customs disputes, being one of the most common. As a rule, the department re-qualifies the goods for another code, the customs duty rate of which is higher. Such a decision of the customs, accordingly, leads to an increase in payments that the company is obliged to pay. In October 2020, the arbitration tribunal agreed with the customs position and refused the applicant to satisfy his claims. When making such a decision, as follows from the materials of the case, the court relied ...
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