What is a customs dispute?
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Customs authorities possess significant powers, which they often exercise during customs inspections.
Improper adjustment of the customs value of goods is a common issue that can lead to substantial fines for customs brokers and the relocation of goods to paid customs warehouses, complicating your operations and increasing costs.
Can customs authorities adjust the customs value of goods?
Customs authorities can refuse to clear goods based on the declared customs value if they have reasonable grounds to believe that the submitted information is incomplete or inaccurate.
The most common grounds for refusal include:
- Failure to submit all necessary documents or the absence of data confirming the customs value of the goods;
- Incorrect calculation of the customs value conducted by the declarant or authorized person;
- Incompatibility of the method chosen by the declarant for determining the customs value with the conditions specified in the Customs Code of Ukraine;
- Receipt of official information from customs authorities of other countries indicating that the declared customs value is inaccurate.
In the event of refusal of customs clearance, the customs authority may decide to adjust the customs value and issue a refusal card for the acceptance of the customs declaration.
How can we help businesses if the customs authority decides to adjust the customs value?
Over the past six years, we have successfully defended the rights of declarants and businesses in dealings with customs authorities.
Our lawyers are proficient in:
- Providing consultations on what documents the customs authority may request during customs declaration;
- Explaining to the declarant how to calculate the customs value of goods and which method is best to choose;
- Assisting the declarant in the procedure of appealing to the customs authority (administrative appeal);
- Contesting the decisions of customs authorities regarding the adjustment of the customs value and the refusal cards in court;
- Representing the interests of declarants and/or brokers in administrative offense cases.
We maintain a blog where we publish articles about current changes in customs legislation and share our insights on how to resolve gaps between practice and existing legislation.
Advantages of Our Customs Lawyers for Clients:
1. Confidence in Your Lawyer.
You always know who is handling your case. Get acquainted with our team, check out their real biographies, and explore their social media pages.
2. Transparency and Trust.
You can read real reviews from our clients and browse our social media profiles to verify our reputation.
3. Official Collaboration.
We enter into an official agreement with each client, which clearly outlines our responsibilities. Payment is made through a bank account, and you can choose the most convenient payment method.
4. Access to Case Information.
We regularly publish details of our successful cases on our website, demonstrating our professionalism and experience across various areas of law.
5. Analytics and Expertise.
We thoroughly understand our work and share our knowledge through articles, blogs, and webinars. You can always learn more about our expertise on our blog.
6. Reputation Verified by Rankings.
Our work has been recognized in prominent legal rankings, including "Juridical Newspaper" and "Legal Practice" where Juris Ferrum Law Firm has been featured.
7. Convenient Communication.
Our customs lawyers work online: they conduct meetings with clients, exchange documents via email, and send legal requests electronically. We are always available through modern messaging apps, and clients do not need to waste time traveling to the office. However, if clients wish to meet us offline, we are happy to arrange in-person meetings.
Customs issues may seem simple, but we know that the thought "I can handle it myself" often leads to fines and the seizure of goods.
Contact us — although we are based in Odessa, our customs lawyer online will help you resolve the situation.
Service's types
Name of the service
Attorney-at-Law, Partner at Juris Ferrum Law Firm, Inventory Specialist
Forms of payment:
Initial Consultation.
We will thoroughly analyze your situation and documents and determine the optimal way to resolve the issue. After that, we will provide you with a clear estimate of the service costs and prepare a budget. You can choose one of two payment options: a fixed price or an hourly rate.
Payment Flexibility.
Our rates depend on the scope of work, so you can adjust them according to your budget. We offer an advance payment system and the option to divide payments into specific stages. You will always be informed about the next stage and its cost.
Cost Control.
We have no hidden fees or unpleasant surprises. You only pay for the work that has actually been completed. Our customs attorneys guarantee transparency and allow you to control your expenses at any time without overpaying for uncompleted services.
FAQ:
What is a customs dispute?
A customs dispute refers to disagreements between a person and customs authorities regarding the legality of actions, decisions, or inactions of customs authorities or their officials during customs control and the clearance of goods or vehicles moving across Ukraine's customs border.
Who is a customs lawyer?
Who is a customs lawyer?
A customs lawyer is a specialist with in-depth knowledge of customs law, focusing on matters related to customs legislation and procedures. They advise clients on customs-related issues, assist with proper documentation, facilitate interaction with customs authorities, help avoid legal mistakes, and represent clients' interests in cases of customs disputes or violations.
What is the customs value of imported goods?
What is the customs value of imported goods?
The customs value is an assessment of the value of imported goods used by customs authorities to calculate customs and tax payments, as well as for statistical purposes.
What documents are required to determine the customs value of goods?
What documents are required to determine the customs value of goods?
According to Article 53 of the Customs Code of Ukraine, the following documents are required to determine the customs value of goods:
- Customs value declaration and documents supporting the numerical values of the components of the customs value used in the calculation;
- Foreign economic agreement (contract) or a document substituting it, along with its annexes;
- Invoice or proforma invoice (if the goods are not subject to sale);
- Bank payment documents related to the evaluated goods, if the payment has been made;
- Other payment and/or accounting documents confirming the value of the goods and containing necessary details;
- Transport documents, if transportation costs are not included in the goods' value;
- Import license for the goods, if they are subject to licensing;
- Insurance documents, if insurance was provided, along with documents containing information about the insurance value.
What methods are used to determine the customs value of goods under Ukrainian law?
What methods are used to determine the customs value of goods under Ukrainian law?
Article 57 of the Customs Code of Ukraine establishes six methods for determining the customs value of goods imported into Ukraine. The primary method is the transaction value method, which uses the contract price of the goods being imported (transaction value). Secondary methods include: а) transaction value of identical goods; b) transaction value of similar (analogous) goods; c) deductive value method; d) computed value method; e) fallback method.
When can customs authorities request additional documents to confirm the declared customs value?
When can customs authorities request additional documents to confirm the declared customs value?
The Supreme Court, in its decision dated October 13, 2021, in case № 804/15600/15 emphasized that customs authorities may request additional documents to confirm the declared customs value only if there are reasonable doubts about the accuracy of the information provided by the declarant. Such doubts may arise due to incomplete documentation, discrepancies between the goods’ characteristics in the documents and those observed during customs inspection, or differences between the declared customs value and the value of identical or similar goods already cleared.
What is customs value adjustment?
What is customs value adjustment?
Customs value adjustment is the process of making changes or clarifications to the customs value declared upon the importation of goods into the customs territory. This may occur if the customs authorities identify discrepancies between the declared customs value and the actual value of the goods.
Protection in disputes regarding the adjustment of customs value of goods | Odesa | Ukraine | Juris Ferrum Law Firm |
Our customs lawyers specialize in challenging customs authority decisions regarding the adjustment of customs value and classification of goods in court.
We provide a full range of legal assistance in customs matters, including appealing decisions, actions, or omissions of customs authorities regarding the customs value of goods. If you face issues with the adjustment of customs value, product classification, or reclaiming overpaid duties, our experts will help you find the optimal solution.