Blog
Currently, one of the most common administrative offenses in the customs sphere is to report false information about goods to the customs authorities (art. 16.1.3 of the Administrative Code of the Russian Federation). One of the parameters of the product, information about which must be provided to the customs, is the gross weight. Our company Eurologistics, specializing in the organization of supplies from around the world, recently encountered another similar case at the border of Pskov customs.
The driver transporting the goods from Lithuania (Kaunas) to Russia (Moscow) provided all the necessary documents to the customs inspector, namely CMR, invoice and phytosanitary certificate. According to these documents, the cocoa butter product was transported in the amount of 20 cargo items with a total gross weight of 20,580 kg. However, during the customs inspection, it was found that the total gross weight of the goods, together with wooden pallets, is 20,972 kg, which is 392 kg more than the declared weight.
According to the customs, false information about the gross weight of the transported goods was provided and a criminal case was opened.
This violation entails liability in accordance with article 16.1.3 of the Code of Administrative Offences of the Russian Federation. Therefore, the transported goods were seized, and the fact of providing false information about the gross weight of the goods was recorded.
Upon clarifying the events, the driver confirmed that the goods were loaded into the vehicle by employees of the company sending the goods. He was present during the loading of the goods, supervised the loading of the goods. The goods actually loaded corresponded to the number of cargo items and the name indicated in the shipping documents. The goods were not weighed during loading.
According to the commercial proforma invoice, the goods had a net weight of 20,000 kg, a gross weight of 20.580 kg in 800 cardboard boxes. During transportation, the goods were stacked on 18 pallets. The gross weight according to CMR was given as 20.580 kg. In the export declaration of the European Union, the net weight was indicated as 20,000 kg, the gross weight was 20580 kg, the packaging was "cardboard boxes".
In accordance with the Decision of the Customs Union Commission of 06/18/2010 No. 289, column 35 of the transit declaration indicates the gross weight of the goods in kilograms; at the same time, the gross weight "... means the total weight of the goods, including all types of packaging necessary to ensure the immutability of their condition before entering into circulation, but excluding containers and (or) transport equipment". The types of packaging necessary to ensure the immutability of cocoa butter before it enters circulation are an inner polyethylene wrapper and an outer cardboard box, which prevent goods from changing humidity and temperature parameters. The transport pallets necessary to ensure the immutability of the type of goods before they enter circulation are not included in the gross weight.
Since the information about the gross weight was entered by the carrier in the transit declaration on the basis of commercial and transport (transportation) documents, there is no false information and the administrative offense provided for in Part 3 of Article 16.1 of the Administrative Code of the Russian Federation; there is a methodological error by the inspector who conducted the inspection in determining the gross weight. The total gross weight of the goods without pallets corresponded to the weight indicated on the packing list.
As a result, the cargo was returned to the carrier without paying a fine. However, ~ 120,000 rubles were paid for the inspector's methodical error (idle time, storage, delivery, export, etc.).
In this situation, it is important to emphasize that the accuracy and reliability of the product data provided are key aspects of successful customs clearance. Eurologistics always strives to comply with all necessary requirements and regulations in order to avoid such situations and ensure efficient and timely delivery of goods to our customers.
We will answer any questions about transportation!
03 / 06 / 2024
Methodical errors at the cost of 120,000 rubles..
Currently, one of the most common administrative offenses in the customs sphere is to report false information about goods to the customs authorities (art. 16.1.3 of the Administrative Code of the Russian Federation). One of the parameters of the product, information about which must be provided to the customs, is the gross weight. Our company Eurologistics, specializing in the organization of supplies from around the world, recently encountered another similar case at the border of Pskov customs.
The driver transporting the goods from Lithuania (Kaunas) to Russia (Moscow) provided all the necessary documents to the customs inspector, namely CMR, invoice and phytosanitary certificate. According to these documents, the cocoa butter product was transported in the amount of 20 cargo items with a total gross weight of 20,580 kg. However, during the customs inspection, it was found that the total gross weight of the goods, together with wooden pallets, is 20,972 kg, which is 392 kg more than the declared weight.
According to the customs, false information about the gross weight of the transported goods was provided and a criminal case was opened.
This violation entails liability in accordance with article 16.1.3 of the Code of Administrative Offences of the Russian Federation. Therefore, the transported goods were seized, and the fact of providing false information about the gross weight of the goods was recorded.
Upon clarifying the events, the driver confirmed that the goods were loaded into the vehicle by employees of the company sending the goods. He was present during the loading of the goods, supervised the loading of the goods. The goods actually loaded corresponded to the number of cargo items and the name indicated in the shipping documents. The goods were not weighed during loading.
According to the commercial proforma invoice, the goods had a net weight of 20,000 kg, a gross weight of 20.580 kg in 800 cardboard boxes. During transportation, the goods were stacked on 18 pallets. The gross weight according to CMR was given as 20.580 kg. In the export declaration of the European Union, the net weight was indicated as 20,000 kg, the gross weight was 20580 kg, the packaging was "cardboard boxes".
In accordance with the Decision of the Customs Union Commission of 06/18/2010 No. 289, column 35 of the transit declaration indicates the gross weight of the goods in kilograms; at the same time, the gross weight "... means the total weight of the goods, including all types of packaging necessary to ensure the immutability of their condition before entering into circulation, but excluding containers and (or) transport equipment". The types of packaging necessary to ensure the immutability of cocoa butter before it enters circulation are an inner polyethylene wrapper and an outer cardboard box, which prevent goods from changing humidity and temperature parameters. The transport pallets necessary to ensure the immutability of the type of goods before they enter circulation are not included in the gross weight.
Since the information about the gross weight was entered by the carrier in the transit declaration on the basis of commercial and transport (transportation) documents, there is no false information and the administrative offense provided for in Part 3 of Article 16.1 of the Administrative Code of the Russian Federation; there is a methodological error by the inspector who conducted the inspection in determining the gross weight. The total gross weight of the goods without pallets corresponded to the weight indicated on the packing list.
As a result, the cargo was returned to the carrier without paying a fine. However, ~ 120,000 rubles were paid for the inspector's methodical error (idle time, storage, delivery, export, etc.).
In this situation, it is important to emphasize that the accuracy and reliability of the product data provided are key aspects of successful customs clearance. Eurologistics always strives to comply with all necessary requirements and regulations in order to avoid such situations and ensure efficient and timely delivery of goods to our customers.
We will answer any questions about transportation!
Just set it in the form
Ask your question in the form
