Explanation : 2019/1 Circular No. hk. (Evaluations on some hesitations in the Valuable Criteria Surveillance application)
MINISTRY OF COMMERCE
Customs General Directorate
Number : 85593407-010.06.01
topic : 2019/1 (Valuable Criteria Surveillance)
About Circular No.
21.05.2019 / 44519484
DIRECTORATE OF CUSTOMS AND FOREIGN TRADE ZONE ULUDAG
Interest : a) 23.01.2019 dated, 40992279 Our letter dated.
b) 18.02.2019 dated, 41779174 No. Type.
c) 12.03.2019 dated, 42491388 Our letter dated.
d) 03.04.2019 dated, 43135658 No. Type.
e) 17.05.2019 dated, 44480272 No. Type.
f) Distributed to all Customs and Foreign Trade Regional Directorates 17.05.2019 dated. 44461320 Our letter dated.
Interest (b)Your link in your letter registered in, is based on the letters received from Gemlik and Bursa Customs Offices., 2019/1 You have included your hesitations about the Circular No. numbered "Surveillance application with security criteria"., interest (d)In your written letter, the opinions of your Regional Directorate have been included.; Our evaluations on the subject are listed below, respectively.:
1) As known 2019/1 circular numbered 22.01.2019 With its effective date 18.05.2018 dated, 2018/10 Circular No. has been repealed. 22.01.2019 for transactions before date 2019/1 Interest in the implementation of the provisions of Circular No. (f)With our distributed article registered in; 2019/1 It is stated that Circular No..
2) In order to be a solution to the problem we frequently encounter in practice 2019/1 The third article of the Circular No.: Following the import of goods made by increasing the "other abroad" item without a certificate of surveillance in the letters sent to our General Directorate from our Regional Directorates, 4458 Customs Law No. 211 and 242 paid within the framework of the n. (hitting foreign expense) rejected claims for tax refund, Upon the court decisions that are taken by the obliged parties to the courts and then the surveillance certificate is not required by the relevant authorities., obliged parties who both withdraw the taxes and refrained from the surveillance application - with the aim of implementing the surveillance practice without being disabled- It has been evaluated that it should provide a surveillance certificate. In this context; In accordance with the provision of the relevant article Following the final judicial decision against the administration Customs Regulations for obtaining surveillance certificate 181 pearl matter and 2016/9 The procedures specified in the Circular No..
also. In the case of a petition for registration or a request for return and removal, a surveillance certificate must be requested if the difference value is declared in the "overseas expenses section" in the new free circulation entry declarations to be opened for the belongings of the company in temporary storage or warehouses..
3) 2018/10 Repealed by Circular No. 29.11.2016 dated, 2016/18 Circular No.; The obliged parties who are determined to have sued against the increase in value, by making an additional declaration of value again, it was ruled that they could not benefit from the practice of importing goods without a surveillance document and the relevant companies were followed up on the system. However, the provisions of the said circular (2016/18) In the event that the partners of the companies for whom the certificate is requested because it is not in force, they want to enter into free circulation by establishing another company or jointly or through the company transferred by changing the title of the company; On the occasion that the right of the newly formed legal entity to benefit from the provisions of the aforementioned Circular cannot be prevented and a new transaction has been initiated independent of its previous transactions., 2019/1 Procedures will need to be established in accordance with the provisions of Circular No..
However, if the company partners transfer the item subject to the surveillance certificate to another company, Undoubtedly, document proceedings will continue for the relevant item., 2019/1 The provision of the second article of the Circular No.. For 2004/ 7304 No. Import Decision on Implementation Oversight 4 In the third article "In addition to the documents required by the customs legislation in the import of a product subject to prospective surveillance, a Surveillance Certificate is also sought." obliged parties according to the provision for related item They must submit the Surveillance Document they will receive..
I request the necessary information and accordingly.
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H. Sadi ÇETİNTAŞ
Head of Department