Customs and International Trade

Ilya Ischuk

Ilya Ischuk

Attorney at law
Ph.D in Law

Legal defence, representation of clients through administrative or court venues during disputes with customs agencies on the issues of:

  • proceedings on the cases regarding administrative offences and administrative liability
  • adjustments to the customs value of the goods
  • refund of customs duties
  • re-assessment and recovery of customs duties
  • wrongful refusal on part of the customs agencies to undertake requested actions or adopt requested rulings
  • unfounded demands produced by the customs agencies

Consultations on the issues related to laws application and compliance in the fields of:

  • customs clearance and customs control
  • estimates for the customs value of the goods and verification thereof
  • classification of the goods
  • choice of customs procedures and compliance therewith
  • exports and currency control
  • protection of intellectual property at the times the goods are being moved across the customs border
  • nuances of customs procedures applied in the event of import/export of multicomponent items in unassembled/dismantled form
  • international leasing transactions

Legal assistance to the clients on the issues of:

  • evaluation and minimization of customs risks
  • structure of foreign trade transactions
  • disputes resolution for the disputes related to export or import of goods
  • protection of rights and lawful interests throughout measures undertaken by customs agencies for customs control purposes
  • application of benefits and preferential norms
  • compliance with prohibitions and restrictions    

  • Advocacy for clothing importer in a series of administrative actions for misdeclaration and filing of invalid documents when completing customs formalities. All court rulings holding the company liable were quashed by a superior court, with proceedings in the cases terminated.
  • Representing an international trade company in an appeal against the decision of the Federal Customs Service on trade value correction. The above-mentioned decision was found unlawful by the courts, and the risk of the company being unjustifiably charged was mitigated.  
  • Representation of the interests of a major trader subjected to an desktop customs audit, which resulted in extra customs charges for earlier imports. A review of the audit findings suggested that the customs ruling could be challenged under a pre-action protocol. Having reviewed the complaint, the superior customs authority found the customs charges illegal and set aside the ruling.
  • Representation of a subsidiary of a mining and smelting holding in a series of customs disputes with the customs agency with respect to refunds of customs duties enforced against the company. Result of the dispute: customs duties refunded, with the interest paid by the customs agency for having violated the timeframe with respect to the refund.
  • Advising a global player in the garment market on customs valuation under contracts between affiliates.
  • Representation of the interests of a trading company in the course of the verification of the customs value of the earlier imported goods carried out by the Central Customs Administration. The customs value declared by the company was found to be justified and the verification procedure discontinued. 
  • Representation of the interests of a supplier of repair and construction materials in a dispute with the Moscow Regional Customs Office concerning classification of goods in accordance with the Foreign Economic Activity Commodity Nomenclature (FEACN). The arbitration court recognized the customs authority ruling in respect of the classification of the goods to be illegal and ordered the customs authority to refund the excessively collected customs payments to the importer.
  • Comprehensive legal support for the project on changing the FEACN classification code for the earlier imported goods and on the refund of overpaid customs duties. The court dispute initiated in the interests of the Principal at the Arbitrazh Court of Saint Petersburg and the Leningrad Region was finished by termination of proceedings in connection with the voluntary refund by the customs authority of the earlier customs payments made to the Principal's operating account.