Handling the case of Customs and enterprises disagreeing over the identification result

VCN – In the case of Customs agency not agreeing with the identification result provided by Customs declarants, Customs agency may select an agency or organization, and based on the result make a decision for cargo clearance. If the declarants disagree with the conclusion of the Customs agency, they could make a complaint or sue in accordance to law. 
handling the case of customs and enterprises disagreeing over the identification result
if the declarants don't agree with inspection conculsion of Customs authority, they are allow to select competent agency or organisation to conduct the assessment of goods. Photo: T.Trang

That is the answer of the General Department of Customs for the proposal of FiCO Corporation – JSC about re-consideration for classification of straight carbon steel in rod form.

According to the analysis of the General Department of Customs, Article 30 of Decree No. 08/2015 / ND-CP of the Government dated 21/1/2015 and Paragraph 4 of Article 11 of Circular No. 14/2015 / TT-BTC dated 30/1/2015 of the Ministry of Finance has stipulated clearly for this case.

Specifically, in the case that there is declarant disagreement with the inspection conclusion of the Customs authorities regarding names, numbers, origin, weight, type, quality, and Customs valuation, declarants could make a complaint or choose agencies and inspection organizations to conduct the assessment of goods in accordance with law. In the case where the declarants choose the agency or organization for assessment, the Customs authorities have to base on the conclusion of that agency, or organization’s assessment to determine the clearance.

On the other hand, in the case where the Customs authority disagrees with the identification results provided by the declarer, Customs authorities will select an agency or organization to conduct the assessment and based on those results will decide on the clearance. If the declarants disagree with the inspection conclusion, the Customs authorities could make a complaint or sue in accordance with law.

Accordingly, the General Department of Customs said that if there are any questions about goods classification, the company could contact the Customs agency where the declaration registration was made in order to comply with the above provisions.

By Hải Nam/Thanh Thuy

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