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Article 50. Replacement of the processing product during the repair of
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- Article 51. Residues and wastes of goods exported for processing outside the customs territory
- Article 52. Completion of the customs regime of processing outside the customs territory
Article 50. Replacement of the processing product during the repair of
goods in the customs regime of processing outside the customs territory Replacement of the product of processing at repair of the goods in the customs regime of processing outside the customs territory is allowed provided that the goods replacing the product of processing, is identical or [36] similar in relation to the goods intended for repair according to the customs regime of processing outside the customs territory. The basis for the replacement of the processing product during the repair of goods in the customs regime of processing outside the customs territory are the relevant provisions of the contract (contract, agreement) and (or) warranty obligations of the person performing the repair of the goods. Article 51. Residues and wastes of goods exported for processing outside the customs territory A person who has received permission to process goods outside the customs territory, no later than the day of expiry of the term for processing goods outside the customs territory, established in accordance with article 47 of this Code, shall dispose of the remainder of the unprocessed exported goods with its placement under the appropriate customs regimes under the conditions established by this Code. For the purposes of customs clearance, the remains of unprocessed exported goods are considered as goods re-exported to the customs territory. The wastes formed as a result of processing of goods, in case of their import after processing, are exempted from payment of customs duties and taxes. Article 52. Completion of the customs regime of processing outside the customs territory Not later than the date of expiry of the term for processing goods outside the customs territory established in accordance with article 47 of this Code, the products of processing shall be imported into the customs territory or the customs regime shall be completed in accordance with part two of this article. In respect of goods exported from the customs territory or its residue, the customs regime of processing outside the customs territory may be completed in one of the following ways: placing the goods or their residue under the customs regime of reimport; placing the goods or their residue under the customs regime of export without actually presenting it to the customs authority in compliance with [37] the requirements and conditions established by this Code, except for the case when, in accordance with the customs legislation, the exported goods or its residue is subject to mandatory re-import. In case of importation of processed products by more than one batch, verification of compliance of the quantity of processed products with the quantity specified in the permit for processing of goods outside the customs territory may be carried out periodically, but not less than once in three months and not later than thirty calendar days from the date of import of the last batch of processed products. According to the results of verification of conformity of the quantity of processed products to the quantity specified in the permit for processing goods outside the customs territory, the customs authority together with the person who received the permit shall draw up an act. If, as a result of the reconciliation, it is established that the amount of imported processed products exceeds the amount specified in the permit, the customs authority shall decide on the need to pay additional customs duties. In this case, no later than the day following the date of the decision, the customs authority shall be obliged to inform the person who received the permit in writing. Penalties for the amounts of such payments shall not be accrued if their payment is made within ten working days from the date of receipt of written notice. The person who placed the goods under the customs regime of processing outside the customs territory, within thirty calendar days from the date of expiry of the processing period shall be obliged to make a reconciliation of data on the application of the customs regime of processing outside the customs territory. In case of non-return of processed products to the customs territory, customs duties and taxes are applied to goods exported for processing outside the customs territory, as if the goods were placed under the customs regime of export. In this case, the rates of customs duties and taxes are applied on the day of placing the goods under the customs regime of processing outside the customs territory. |
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