Recently, the Russian buyers are faced with the fact that smartphones Xiaomi ordered on AliExpress and other online stores, were detained at customs. As it turned out, the Russian dealer of “Chinese Apple” made the ban on “gray” deliveries of branded devices. Experts interviewed by the resource Realnoevremya, called the actions of customs officers are arbitrary and are suspected of collusion with the dealers who sell these devices in Russia several times more expensive.
Parcels with phones, tablets and other gadgets, booked by the Russians in foreign online stores, customs sends it back to the seller. A complaint that a Xiaomi phone, bought on Aliexpress was returned to China, in a public organization Roskomsvoboda asked the buyer. It turned out that the case is not exceptional, with the same problems facing buyers of other gadgets. Experts believe the actions of customs officers are arbitrary and are suspected of collusion with the dealers who sell these devices on the territory of Russia a half to two times more expensive.
Ordered phone — got a scrambler
Didn’t wait for smartphones, bought at Aliexpress, judging by the complaints and discussions in social networks, thousands of Russians. And “lucky” were those whose orders are “lucky” to get to the customs in Orenburg and Ekaterinburg. In the Orenburg group social “Problems with the Orenburg customs” of victims is already more than a thousand people. People advise each other on how to return the money and where to send a complaint.
The first delay of the smartphone at the customs, judging by the posts on social networks, began in early April, it is now clear that the phenomenon is not exclusive and massive. Moreover, if at the beginning it was only about the return of smartphones Xiaomi, is now deploying packages with other devices.
“Back still Ivargo, and Leagoo. So. There is a feeling that everything has already bid Rumall.com on Yandex.Market to buy it. Nonsense, of course, but…”, — says Alexey Bochkarev.
One of the buyers decided to open a dispute with the seller and get the money back, but to demand an official explanation from the Federal customs service. In parallel, he addressed the public organization Roskomsvoboda. Customs response came entertaining. According to him, the trademark Xiaomi included in the customs register of objects of intellectual property at the request of the copyright holder. Given the fact that the competence of the customs bodies shall not include the recognition of counterfeit goods, the customs has notified the representative of the owner of Xiaomi in Russia, OOO “Smart orange” on the phone import on the territory of the Eurasian economic Union. “Smart orange” in turn, said that this item has signs of contact, and opposed its importation.
In another case, Koltsovsky customs FCS equated the device to encryption (cryptographic) means, import of which is restricted. The Federal customs service to quickly comment on the situation failed.
Tightening the nuts distributors
Experts tend to associate the bans are not counterfeit and not with what devices are cryptographic tools, and lobbying of the interests of dealers and distributors. For example, the smartphone on Aliexpress can buy a half or two times cheaper than the official representative in Russia. And given that the brand Xiaomi has become in recent year very popular and phones, ordered by millions, — the commercial interests of the sellers, threatened.
“It is unlikely that the Xiaomi smartphones have fakes. With all due respect to this brand — it can’t be. Now we are trying to impose and are actively lobbying at the government level, discussions are taking place, the Ministry of industry and trade says it’s important — it’s the law of parallel importation. It’s about the fact that if we got the person or organization dealer, distributor of this product, we that this item can only be bought from him. About the good effects of this law is unknown to me in other countries, where it is entered. There are dealers monopolistically set prices for these goods, and in the interests of these monopolies, this story is twisted,” — said the President of the National Association of remote trade Alexander Ivanov.
About problems of Russian buyers of the gadgets known to the Chinese. One of the sellers on Aliexpress Xiaomi have commented on the customer complaint. Translated from the Chinese, but to understand it is possible: “As you know, there is one problem, which has caused the Orange Smart Company, they controlled the customs of Orenburg and Yekaterinburg, violated the law and opened the parcel to Finland, and return the goods with the products Xiaomi. It’s terrible behavior. While this issue involved Mail only Finland, Singapore post and Sweeden Post are not affected. We and all other Resellers of Xiaomi asked the administrators Aliexpress log in and study the problem”.
“Visible affiliation”
“I don’t know how customs are affiliated with these organizations that sell the same device in Russia, but a number of associations, mostly AKITA, have taken various steps to limit purchases of Russians in foreign online stores. Or to impose on them any duties, or to impose the stores duties taxes to the Russian Treasury, or to impose penalties to users who buy products. Perhaps this revitalization of the customs is affiliation with this organization, maybe some agreement is — explicitly visible strengthening of these inspections and the increase in delay is quite usual shopping — gadgets, consoles, phones, which have always been allowed to be imported, and users in the millions in total, for personal use they are ordered. What suddenly happened that the rules themselves have not changed, but has changed the attitude to these rules, the customs office and the Investigative Committee is very strange and it started to happen on a mass scale”, — said Artyom Kozlyuk, head of roskomsvoboda project.
According to Artem Kozluca, the return of parcels is not only from China (although there often), but also from other countries.
“We had a case: I ordered from Germany official Sony Playstation 4, also stopped at the customs and told that the device contains a cryptographically processing information, encryption and decryption and prohibited to import to the territory of Russia. Everywhere custom became actively stop the goods for various reasons — in one case, a counterfeit, in another encryption capability. Or to bring the user to administrative penalties, or simply send parcel back as counterfeit or even to initiate criminal proceedings. The car owner bought a GPS tracker, which wanted to set out to be aware of if the car is stolen. And this purchase brought him almost to real life. For several months, opened a criminal case, which is then able to close and paid the penalty,” — says the head of Roskomsnab.
Almost every gadget can be equated to encryption (cryptographic) means, in an explicit form of the device is not designed for this, but this feature in them. What is most interesting — the same goods are sold in Russia, but there was no case to buy them in the country detained or punished.
Customs chaos, or judged useless
According to media reports, “Smart orange” asked the customs office to look at the phones from China to stop the “gray” deliveries of smartphones and accessories under the brand Xiaomi. OOO “Smart orange” has declared itself the official representative and distributor of this brand in October 2016. Perhaps the main threat the company has seen in private entrepreneurs involved in the supply of gadgets to bypass official channels, but eventually began to suffer retail customers who order smartphones for your personal needs. The actions of the customs officers, dealing with such parcels, President of the National Association of remote trade Alexander Ivanov calls lawlessness.
“About the legality of this I have serious doubts. We have about merchandise for personal use this story — with the rights of separately taken distributors does not apply. Goods for personal use we did not fall neither under the provisions of the certificate, or under the act. What happened now is arbitrary. The question is whether the victims to plead and prove his innocence. From a private person in this respect, the weak position — it is almost powerless against the state. A Chinese seller to sue in Russia will not go to him it’s a microscopic part of the business”, — says Alexander Ivanov.
Angry customers created a petition addressed to the Federal customs service and the leadership of Beijing Xiaomi Technology Co., Ltd manufacturers of smartphones. For two weeks it was signed by about 5,000 people.
Users are asked customs officials to give an explanation and offer to boycott purchases from official distributors Xiaomi in Russia — at inflated prices.
“On average 2 times higher than the price on the official website of the manufacturer,” writes the author of the petition Alexey Sadchikov.
Interestingly, in the letter of Federal customs service from March 15, says only that the only “portable Xiaomi phone” is included as a trademark in the customs register of intellectual property objects. Buyers of gadgets acknowledge that problems with other types of devices Xiaomi customs does not arise.
