Customs inspection when transnational shipping furniture undeserved how to claim?
International logistics, the general way to transport by sea bulk items such as furniture, piano, etc.
Normal goods in and out of the customs, the customs may not every ticket goods inspection, so there is a customs inspection probability.
Customs officials to implement inspection is perform normal regulatory functions, however, when damage to the goods occurs in the process of customs inspection, customs as administrative organs have the obligation to pay out to the party concerned.
Practice about the circumstances under which the customs need to compensate to the party concerned rarely mentioned, customs lawyer made below, for everyone you if this situation can claim on the basis of this paper to the customs.
A compensation and clear the customs lawyer pointed out that the scope of the customs, the customs and its personnel in any of the following illegal exercise of administrative functions and powers, the infringement of citizens, legal persons or other organizations one of property rights, the victim shall have the right to recover damages: 1.
Illegal fines, the confiscation of goods and articles, the means of transport or other property, recovered to confiscate the goods and articles, the equivalent of transport price, suspend or revoke the enterprise engaged in the business qualifications and other relevant customs administrative punishment;
Goods and articles, not to be detained, storage, transportation and other property, such as compulsory administrative measures;
Illegal collection deposit, a security risk, mortgage, the pledge;
Illegal sluggish newspaper gold and supervision fee etc. ;
Illegal tax enforcement measures and tax preservative measures;
Unauthorized use of detention of goods and articles, the means of transport or other property, the losses;
Detained goods, articles, transportation vehicles or other property not safekeeping responsibilities, causing damage to or loss of, except for the circumstances under the custody of the relevant units shall be responsible for in accordance with the law;
Breaking the law, refused to accept the declaration and cancel after verification request delay regulation, so hui spite, or fails to perform other statutory obligations, to the citizens, legal persons or other organizations of property damage;
By selling property shall be auction without auction in accordance with the law, or any other illegal processing conditions of direct damage;
Property damage caused by other illegal ACTS.
Second case the customs, the customs shall not be compensation lawyers argue that the customs in any inbound and outbound goods and articles, in accordance with the damage by inspection of the goods and articles, shall have the right to get compensation for customs.
But such as is the legal situation, such as mouth customs does not assume liability to pay compensation: 1.
Customs officers have nothing to do with exercise their functions and powers of individual behavior;
Because of the citizens, legal persons and other organizations, their behavior caused damage occurred;
Damage is caused due to force majeure consequences;
During the inspection, the move by the parties or the owner, opening, sealing packing, or the loss caused by improper safekeeping;
Goods and articles, perishable, easy to failure in the normal work of the customs procedure need time,
Including the generation custody period)
All spoiled or fails, the parties prior to the customs declaration or customs has taken proper measures still cannot avoid;
Normal inspection of the customs inevitably abrasion and other damages;
The loss what happened before the customs inspection and customs inspection after the occurrence of damage;
The customs for the extraction of assay, forensics and other purposes of samples;
Other circumstances as prescribed by the law.
Prompt compensation way of the customs, customs lawyers, the customs to pay damages as the main way for compensation.
The property can be returned or restorable, the property shall be returned or recover.
Any inbound and outbound goods or articles in accordance with the law, the damage to the goods and articles, goods and articles should be determined after damage, based on the examination and approval of the customs value, determine the amount of compensation.
Implement the inspection of goods and articles, customs shall from damage by the customs within two months from the date of and determine the amount of compensation, and fill the goods and articles, customs damage compensation notice served on the parties concerned.
The parties shall receive the goods and articles, customs damage compensation notice with the notice within three months from the date of one-way customs reparations, or shall notify the customs transfer bank account.
Have objections to the results, such as compensation for the customs, the parties can be received the goods and articles, customs damage compensation notice at the next higher level within 60 days as of the date of the customs, apply for reconsideration is not satisfied with the reconsideration decision, he can be in within 15 days from the date of receipt of the reconsideration decision, or upon receipt of the goods and articles, customs damage compensation notice within three months from the date of a suit in a people's court.
Edit summary: after the above customs lawyer for us in the international logistics, encounter was damage during the customs inspection should be made in detail on how to claim for compensation.
Even as the state administrative organs of the customs, is obligated to compensate the owner of the.
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