OREANDA-NEWS. October 28, 2010. Primorie Regional Arbitration Court dismissed the claim of Nakhodka Customs Office on invalidating the decision of the Primorie Office of the Federal Antimonopoly Service (OFAS Russia), reported the press-centre of FAS Russia.

In July 2010, Primorie OFAS Russia investigated a case against Nakhodka Customs Office, initiated upon a petition of an individual entrepreneur.

Nakhodka Customs Office refused to accept a customs cargo declaration submitted by the entrepreneur for customs clearance of imported goods – second-hand pneumatic rubber car tyres, which preserved consumer properties.

Nakhodka Customs Office explained its refusal that the entrepreneur did not have a license of the Ministry of Industry and Trade for import of hazardous waste, import of which is restricted. At the same time, the individual entrepreneur submitted an expert report to the Customs Office according to which the second-hand tyres, suitable for further operation in motor vehicles, did not constitute waste.

The entrepreneur also obtained explanations of the Department for State Regulation of Foreign Trade Activity of the Ministry of Industry and Trade of the Russian Federation, Rostechnadzor and the Secretariat of the Commission of the Customs Union, the Eurasian Economic Community, that second-hand tyres suitable for vehicle operation did not constitute waste and it was not necessary to obtain a license of the Ministry of Industry and Trade to import them.

Such actions of the Customs Office restricted competition on the retail market of second-hand car tyres, which preserved consumer properties. Entrepreneurs who arranged customs clearance of imported tyres through Nakhodka Customs Office, found themselves in an unequal position with the entrepreneurs who cleared the same goods through Vladivostok Customs, which did not create any obstacles and accepted customs cargo declaration to clear the tyres, subject to expert reports about preservation of consumer properties suitability for further operation.

The Commission of Primorie OFAS Russia concluded that Nakhodka Customs Office had violated Article 15 of the Federal Law “On Protection of Competition” and issued a determination to stop the antimonopoly violations.

Nakhodka Customs Office disagreed with the decision and filed a lawsuit. Primorie Regional Arbitration Court dismissed the claim of Nakhodka Customs Office, confirming validity of the decision made by the antimonopoly body.

“It is very important for us that the court took our side in the dispute with Nakhodka Customs Office. Vladivostok is a car city, many people are involved in this sector and such unjustified actions can cause enormous damages to companies and entrepreneurs”, said the Head of Primorie OFAS Russia, Mr. Sergey Vyalykh.

Reference:
Article 15 of the Federal Law “On Protection of Competition” prohibits federal executive bodies, executive bodies of the constituent territories of the Russian Federation, local self-government bodies, other bodies and organizations exercising the functions of the above bodies as well as state extra-budgetary funds and the Central bank of the Russian Federation to pass acts and (or) undertake actions (omissions) that lead or can lead to preventing, restriction or elimination of competition.