Imports and exports of goods are inevitably linked to the need to interact with the customs authorities. Until borders exist and customs duties are levied on crossing them, customs disputes will still arise.
In Ukraine, the supply of goods to other countries, or, conversely, the import of goods from abroad, is a rather complicated process. Effective resolution of customs issues is of great importance for preserving the competitive advantages of a company engaged in foreign economic activity. Both exporters and importers often face problems when crossing the customs border of Ukraine.
The legal difficulties faced by businesses in the customs field are diverse, ranging from the requirements of customs officers to provide documents not provided for by law and from delay the completion of customs clearance of goods, ending with unjustified assignment of another code for goods.
As an example, there are widespread cases where, despite the availability of all the documents necessary to determine the customs value of the goods at the price of the contract for the imported goods, the customs officer adjusts the increase in the declared customs value using the so-called backup method, or the method of determination customs value at the price of similar goods, which leads to the need to pay excessive customs duties. Moreover, if the customs authorities consider that the importer deliberately indicated a different code or indicated a reduced customs value, it may be subject to a fine or even confiscation of goods.
Attempts to convince the customs authorities of the illegality of their claims most often do not end in a positive result, because, according to current practice, customs authorities almost never admit their mistakes, and a compromise is possible, as a rule, under customs conditions. Therefore, if you are confronted with unlawful decisions, actions or omissions by the customs, it is best at the earliest opportunity to challenge them.
Attorneys WinnerLex’s longstanding practice of dealing with customs disputes allows us to effectively challenge unlawful decisions or actions of customs authorities, either administratively or pre-judicially, to a higher-level customs authority or to a court.
In addition to appealing against actions or decisions of customs officers, WinnerLex also provides other services in the field of customs law, such as support of customs inspections, taking measures to protect intellectual property rights under the Customs Register of Intellectual Property Rights, assistance for process of overpaid customs duties return.
Our experts are able to develop an individual algorithm for solving various customs problems. WinnerLex attorneys can provide you with prompt and thorough written advice on any customs issues you may have.
Practice experience: 19 years
Specialization: litigation support, tax, customs and antitrust practices, agricultural law, IT and M&A
Practice experience: 21 years Specialization: support of economic, civil, labor and administrative disputes, energy
Practice experience: 6 years
Specialisation: business and civil law, tax and customs practice, corporate law, registration and reorganisation of business
Practice experience: 11 years Specialization: support of economic, civil, labor and administrative disputes, inspections
Practice experience: 3 years
Specialization: tax advisory, tax risks check in business operations, labor law, non-residents, corporate changes
Practice experience: 11 years Specialization: tax, customs and corporate disputes, support of inspections, contractual activities