OOO “Apple Rus, the Russian division of Apple, has filed an appeal against the decision to dismiss a lawsuit in which the company requested to invalidate the decision of the Central customs control of the FCS, relating to the classification imported by the plaintiff of goods to Russia, according to the materials of the arbitration court of Moscow.
As reports RAPSI, Apple appealed against the preliminary decision of the TSTU 13 November 2015 on the classification of “smart” watches Apple Watch on the FEACN of the cu. The court on may 18 rejected the claim of the company.
At the end of the 2015 FCS has changed the classification of these devices, they were attributed not to the devices for transmission of data, the import of which the import duty is exempt, and by an ordinary wristwatch, the import of which customs rate comes to 10%.
A company representative said in court that the device must be classified in accordance with the basic components, not by function. So, the device transmits information from your iPhone to your wrist using a particular module of the wireless data exchange. Therefore this module is the main component and it is necessary to classify the goods. The clock mechanism in the device no.
The representative of the customs authority stated that the product is multi-functional and were classified by the maximal function of the product.
The court supported the position of the customs authority, specifying that the solution of TSTU adopted in accordance with the customs law and not violate the rights and legitimate interests of the applicant in sphere of economic activities. The court noted that the Respondent correctly concluded that the Apple Watch is able to perform different, independent from each other function. While it is not possible to distinguish from them main and significant role defining its purpose.
The Apple Watch is able to perform different, independent from each other functions for which, in particular, do not need to the iPhone was in range, such as: play music from your synced playlist on the Apple Watch, use the time clock, alarms, timers and stopwatch, track, training, display photos from your synced albums. In this case, as the court stated in the decision, it is well known that the Apple Watch is worn on wrist, consists of a strap/bracelet and the dial/screen, shows time and has an appropriate name. The word “watch” is translated from English as a clock. On the customs correctly classified the goods code “wrist watch powered by electricity, with or without a built-in stopwatch,” reads the court decision.
The company also appealed other claims to the arbitration of Moscow and Moscow region, in which appeals against decisions of the customs authorities. So, the Moscow arbitration court on 1 June dismissed a lawsuit of LLC “Apple Rus”, which the company appealed against the preliminary decision of the TSTU 13 November 2015 on the classification of the straps for smart watches Apple Watch on the FEACN of the cu.