Import of controlled substances to Ukraine: chemistry, ozone-depleting substances

Import of chemicals is always one of the most meticulous operations in foreign economic activity. It is necessary to study the composition and purpose of the product very carefully. All further actions on customs clearance of chemicals will depend on the correctness of their classification. And all the requirements for the goods for import are bound primarily to the product code.

For errors in coding the goods are immediately imposed penalties:

• In the case of a coding error, which led to a decrease in the payment of customs duties - the penalty will be 300% of the underpaid amount;
• In the case of a significant error in declaration a penalty may be imposed by confiscation of goods with the simultaneous imposition of a fine in the amount of the value of the confiscated goods.

Thus, determining the code is the key point where it is very important not to make a mistake.

How to determine the code, and how the ozone-depleting substances in the composition of the goods affect customs clearance, read below.

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How to determine the code of the goods imported into Ukraine?

It is very convenient when the sender reports CAS numbers on the products - this facilitates the process of classifying the goods. Also, when CAS numbers are available, the probability of the customs authorities changing the product code is very low. However, this information is not always provided by shippers.

When determining the code of goods you need to know:

• the full chemical composition;
• or the composition indicated on the product label;
• the physical form of the product;
• the function it performs;
• its packaging.

For example, the soap code will depend on whether it is in bars or in powder, granules or other forms. Or fabric softener might be under the code for textile excipients or under the code for silicones, if there are any in the composition.

This affects the rate of duty on the product.

For textile excipients, an import license for ozone-depleting substances is required. But only if the goods are in aerosol packaging. And only if the goods contain ozone-depleting substances.

Please note! The list of goods and substances controlled in Ukraine is determined by the Decree of Cabinet of Ministers No. 1329 of 28.12.2020, and is not valid from 01.01.2022. Therefore, you should know exactly what is contained in the goods in order to verify whether the planned imported substances are controlled or not.

For example, if you are engaged in the textile industry, unfortunately, this does not mean that all the chemicals you import shall automatically be classified as textile-auxiliary substances. Especially if, according to the Ukrainian classifier of goods for FEA, there is a specific code for these products, such as adhesives, paints, silicones, surfactants, detergents. So, if your product is not a pure substance, but a mixture of different substances, and its function is to glue – the product code will be in group 35. However, in most cases, the adhesive code does not require an import license for ozone-depleting substances.

Paints are also a prime example. Paints come in a variety of colors: for drawing, for screen printing, inks for printing, paints for fabric, and paints for shoes. All of these products have completely different codes. Without a properly defined code it is impossible to tell whether a client needs a license to import ozone-depleting substances.

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How do we determine the code and algorithm for importing goods into Ukraine?

With the right approach to determining the needs of the entrepreneur, one should first consult, study all the shipping documents, and then determine whether the goods require additional import licenses or permits.

One must have an invoice or proforma, appendix or specification, safety data sheet, and information on the chemical composition of the goods. Such information can be found in the manufacturer’s letter or on the label of the goods.

It is better to ask for advice at the stage of planning the import, not when the goods are already in the customs control zone. Since if you need to obtain a preliminary license, you need time to prepare the documents, and the state body has legal terms for the issuance of such a license.But if a license is needed, the goods are already in Ukraine, and there is no license, then the goods either wait in the area, for which the daily fee increases, or go to the warehouse, which also entails payment for unloading work and place / time of storage of the product.

Please see the cost of legal support services for the import of goods to Ukraine here.

Our services include:

• Analysis of the goods you plan to import, the terms of the contract and advice on the import of this category of goods;
• Assistance in development, conclusion and payment of the contract for the import of goods to Ukraine;
• Organization of the process of transportation and logistics of foreign goods to Ukraine;
• Execution of documents for Ukrainian customs and customs clearance of goods;
• Obtaining import license or other permits for import of ozone-depleting substances;
• Resolving problematic issues arising in the process of importing goods into Ukraine.

Do you intend to import a batch or batches of imported goods to Ukraine? And you want to know whether you need a license, whether there will be problems at customs, and how best to proceed? Don’t hesitate to contact us!

We will not only offer you the best algorithm of actions, but also organize the entire process, including customs clearance in Ukraine.

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Everything about Import of Goods to Ukraine here.

Everything about obtaining an Import License here.