Elena Rovinskaya commented, what responsibility threatens the staff of customs who carried out duty-free import of planshetnik of Apple to the detriment of other producers. The solution of FTS was based on iPad classification as computer, and other tablets of FTS recognized as navigators.
The antimonopoly service stopped business against customs which allowed earlier duty-free import of planshetnik of Apple to the detriment of other producers. The solution of FTS was based on iPad classification as computer, and other tablets of FTS recognized as navigators. The approach to classification is changed, participants of the market recognize, but duties on gadgets will cancel not earlier than in a month.
The federal antimonopoly service stopped an adjudication against the customs, raised earlier because of preferences for planshetnik of iPad from Apple corporation, reported “Gazete.Ru” the head of department of information technologies of FAS Vladimir Kudryavtsev.
«We stopped business on the basis of the received materials and a voluntary response телетайпограммы on the basis of which department recommended to classify iPad as the portable electronic computer of tablet type, despite GPS module existence, and to import the device with the zero customs duty» — he declared.
Now the majority of tablet computers — not only iPad — are imported on the territory of Russia duty-free. Almost all devices are classified as computers, instead of GPS navigators, on the basis of the preliminary decision on each of models which producers receive at FTS, Kudryavtsev explained.
«Many preliminary decisions on classification (as the computer are already accepted, instead of GPS) models of tablet computers from Acer, Lenovo, Sony, Samsung», – declared Kudryavtsev, having added that iPad also import without duties.
FAS brought action in FTS relation at the end of April, 2012, having seen signs of violation of the law «About protection of the competition». The antimonopoly service considered that the customs created primary conditions for iPad import from Apple to the detriment of other producers, having published on February 14 the teletype message in which it was said that «tablet computers of Apple are classified as portable electronic computers of tablet type in spite of the fact that have in structure the GPS module (personal navigation system)».
It meant that at customs registration for planshetnik of Apple with the GPS module the rate of the customs duty was nulled, and for other producers duty made 5 %, explained before FAS. The customs recognized other tablets as navigators.
Functions of the navigator led to taxation of planshetnik by duties. Importers of navigation equipment pay 5 % of cost of the goods. Before duty on tablets didn’t pay, as them at customs recognized as computers.
Change of an approach occurred because of recognition of a “computer” functional of planshetnik to equivalent other functions, in particular navigation. In case of equivalence of technical functions of the device of a rule of interpretation of product range which customs officers use, provide a choice of a nomenclature code in ascending order. The computer (8471) code is less than GPS navigator (8526) code therefore at customs planshetnik were classified as navigators on a code 8526. And importers of navigators pay duty at a rate of 5 % from the declared cost. Import of computers by duties isn’t assessed.
FTS solved переклассифицировать Apple gadgets back in «the car computing portable» with zero duty, thus other planshetnik it is the decision didn’t mention.
«Though FTS emphasized that телетайпограмма was unessential to application, having studied a situation, FAS came to a conclusion that since that moment the Apple had no decision on imposing tax on iPad in 5 %. At other producers of the device more often, on the contrary, were imposed tax» — Kudryavtsev explained on Thursday.
Earlier the source in the market of tablet computers noted that with the recommendation of FTS Apple got price advantage: «The cheapest models of tablet computers are on sale on 15 — 20 thousand roubles, cancellation of five-percentage duty on them provides economy of 750 — 1000 rubles in the Russian market from each device».
In the spring of FTS cancelled телетайпограмму and established the general rules of classification of tablet computers. The device admits multipurpose if it possesses other functions, except “computer”: for example, gives the chance to make calls.
According to IT Research, in 2011 1,34 million tablets from which 200 thousand were imported by inhabitants of Russia were imported into Russia in total. Acer enter into the six of leading producers of devices, Samsung, Pocketbook, Asus and Viewsonic which have occupied 72 % of the Russian market of Apple.
The general manager of Lenovo in Russia, CIS countries and Eastern Europe Gleb Mishin says that while all models of tablet computers are imported into Russia with five-percentage duty.
«We sent demands for new models in customs office, we hope, by New year they will be approved and we can import new models on zero duty» — he told.
In Samsung it was not possible to receive the comment operatively. It was not possible to contact the representative of Acer. In Asus found it difficult to provide the comment, having noted that the goods are imported by distributors.
«In case of initiation of administrative proceedings the Russian legislation provides responsibility of the official who has signed the document, in the form of imposing of a penalty at the rate from 15 to 30 thousand roubles provided that violation was for the first time. If violation repeated, a penalty increases from 30 to 50 thousand roubles or discharge from work for the term up to three years» follows — the lawyer, the head of projects «Yukov and partners» Elena Rovinskaya speaks.
The representative of FAS added that concerning FTS for the allowed violations administrative production which will borrow 1 — 1,5 months can be begun.