Dried fruit clearance from Bushehr customs
According to the economic correspondent of the Pouya Reporters Club; Recently, the Customs Dispute Resolution Commission issued an opinion on the case of dried fruit clearance from Bushehr customs, which caused some customs activists to protest. Accordingly, two types of tariffs are set for the processing of processed and simple peanuts. For a simple product with a 15% import duty and the possibility of using documentary credit, and for processed peanuts, a 32% source and the impossibility of using a documentary credit facility is considered. Despite the fact that the imported product was processed, it had used the facilities of documentary credit and lower source, enters. In the next steps, with the objection of the importer, the Customs Dispute Resolution Commission will be in charge of investigating this case.
It is worth mentioning that according to Article 144 of the Customs Law, the composition of this board consists of 4 customs experts and 5 experts from other fields such as the Ministries of Industry and Economy, Chambers of Commerce and Cooperation. According to the Law on Customs Affairs, if the vote of the primary commission is in line with the customs request, the owner of the goods has the right to object, but if the vote is in favor of the owner of the goods, the customs has no right to object to the primary vote. This issue existed in the old law on customs affairs, but the law passed in 1991 does not include a point for customs objection, which seems to highlight one of the weaknesses of this legal chapter.
According to the latest information received, one of the important regulatory bodies has entered into this case and summoned a number of customs officials. The important point is that, as mentioned earlier, the initial decision of the Customs Dispute Resolution Commission was not accepted by the customs officials, but because there was no legal opportunity for this objection, importers were able to enjoy the same situation for a long time to clear their goods. Only a sample of the votes of the technical committees can be seen for the importer who imported peanuts some time after the vote of the commission.
On the other hand, according to Note 8 of Article 144 of the law, the commission must specify its reasons, justifications and documents in the text of the vote, although such an issue has not been seen in this important vote. After receiving this vote, several other importers succeed in importing processed peanuts with a 15% source.
Although the Ninth Assembly of the Islamic Consultative Assembly initially approved the Law on Customs Affairs, the Cabinet has now sent an amendment to the new Law on Customs Affairs to the Islamic Consultative Assembly. Representatives of the Economic Commission can amend this by reviewing the article of the Customs Law. Although there is no right for the customs to object to the decision of the Customs Dispute Resolution Commission in the text of the government submission, it is suggested that the delegates also take a special look at this issue, given the need to protect government rights.