Requirement to specify the name of the manufacturer. How to determine the country of origin of goods

It requires to indicate in the first part of the application the place where this or that product was manufactured. The name of the country of origin of the goods for 44 FZ - is one or several states in the territory of which it was produced. The requirement to indicate such information must necessarily be included in or.

The concept under consideration should not be confused with the following terms:

1. Name of product origin. It defines a specific location that is associated with unique things. For example, Tula gingerbread.
2. Location of the manufacturer. It is not identical to the country of production. From the practice of the antimonopoly body, it follows that if the application indicates the manufacturer (for example, the manufacturer: MF Borovichi, Belarus), it will be rejected due to non-compliance with the terms of the bid documentation.
3. Country trademark. It should be noted that the state from which the trademark came may differ from the place of production. For example, products can be made in China, and trademark   it is registered in the USA as an Apple product (iPhone, iPad, etc.).

It should be noted that Art. 33 FL-44 establishes a documentation requirement. So should not include links to trademarks, name of the place of origin or name of the manufacturer.

How to specify the origin

The classifier also indicates the digital code of the country of origin of the goods, which helps to determine where it is manufactured.

It is important to add that customers must comply with the so-called (recall, it applies to products that are manufactured in foreign countries).

How to confirm the country of origin

When applying for participation in the competition or you must specify in the first part of the application the place of occurrence of certain goods. In the second part, you need to attach supporting documents (in the event that the customer has established such a requirement). In most cases, the statement of the fact itself will suffice.

Examination to establish the state is necessary for products that are intended for export. Things of domestic production for turnover within the state are subject to certification (an examination is also being conducted). Holds its Chamber of Commerce.

Among the certificates you need to pay attention to the certificate form ST-1. Such a document is issued for products that are exported outside the Russian Federation to the CIS member states. The validity of such a certificate is one year.

Problem

Hello! I am an entrepreneur, and I have a question? I purchase goods A at the factory, I order packaging for this goods, A, a package with my brand names and so on. I am packing goods A into packaging; I have got my goods B, which I offer in bulk to stores. The question is what to write on the back: I am a manufacturer of product B, and product A is manufactured at the factory there. or I am a seller of goods B, and the production of goods A is there and there. There is a declaration of conformity for product A by the plant, which I give to stores, but there is a factory with product A. If I am a manufacturer, then I need to make the same declaration of conformity for the product again, does it make sense if only packaging is added.

Decision

Hello!

You should distinguish between the concepts of production and trade marking of goods.

Familiarize with the Decree of the Government of the Russian Federation dated 1/19/1998 N 55 (ed. Dated 06.22.2016) "On approval of the Rules of sale of certain types of goods, list of durable goods that are not covered by the buyer's requirement to grant him free of charge for the period of repair or replacement of similar goods , and a list of non-food goods of good quality, not subject to return or exchange for a similar product of other size, shape, size, style, color or configuration "http://www.consultant.ru/document/cons_doc_LAW_17579/

Marking should contain the following information:

• name of product;
• name of the country, manufacturer, its address;
• purpose (area of ​​use);
• basic properties and characteristics;
• terms and conditions of effective and safe use;
• the designation of the normative-technical document on the basis of which the goods are produced;
• conformity confirmation information.

Marking happens:

• Production   - labeling applied by the enterprise — a manufacturer of goods and regulated primarily by the Federal Law “On Protection of Consumer Rights” and the current technical regulations for products;
• Trading   - marking applied by the supplier or seller of goods (services).

Trademark carriers   - commodity and cash checks, as well as price tags.

Trademark as opposed to production bears more information about the seller, and applied, as a rule, not on the product, and on the media. The information to be contained on these carriers is regulated by Government Decision No. 55 “Rules for the sale of certain types of goods”.

The requirement for designation of the country of origin of goods is one of the mandatory requirements for the first part of an application for participation in an electronic auction and for an application for participation in an open tender. Wishing to participate in the auction raises many questions related to this concept - from why this information is needed, to how to specify it correctly. Dealing with the details and subtleties of this item can be extremely difficult.

What is the country of origin of goods

The first question that should be answered is what is meant by the country of origin of the goods? In the Federal Law No. 44 this concept is not disclosed, therefore, in order to find the truth, you will have to refer to the explanations given by the Ministry of Economic Development in a letter No. D28-1889 of 04/30/2014. According to the information contained in paragraphs 88-89 of this letter, one should proceed from the definition given in paragraph 1 of Article 58 of the Customs Code of the Russian Federation. According to it, the country of origin of the goods is a state or several states in whose territory (which) the goods were produced entirely or finally processed.

Which purchases require you to specify the country of origin of goods

Such a requirement is necessarily contained in the documentation of open tenders (Part 2 of Article 51 of Federal Law No. 44) and electronic auctions (Part 3 of Article 66 of Federal Law No. 44).

Many participants ask themselves whether it is necessary to indicate such information in the quote application. On the basis of clause 6 of Part 3 of Article 73 of Federal Law No. 44, such a requirement is mandatoryly established by the customer only in cases specified in Article 14 of Federal Law No. 44 (if it is a question of restricting admission or a total ban on the admission of any goods). In the general case, there should be no clause requiring the participant to indicate in which country the goods were made in the notice of the request for quotations. Therefore, in the absence of special requirements, the participant has the right not to specify this data.

As confirmed by the country of origin of goods

As for the electronic auction, it is indicated by the participant in the first part of the application. Moreover, if such a requirement is established by the customer in the documentation in accordance with the current legislation of the Russian Federation, the second will need to attach the appropriate declarations or certificates (in accordance with clause 3 of part 5 of article 66 of Federal Law No. 44). The removal of the first part of the application due to the absence of these documents is unacceptable and is a gross violation of the law by the tender / auction commission.

In the general case, it is not required to confirm information about the country of origin of the goods - it is enough to state the fact in the first part of the application. However, deception is not allowed here - in case of victory in the delivery of goods, the customer will certainly pay attention to the discrepancy.

The competition is simpler - all documents are provided there at once and to understand the question "when?" not necessary.

How to correctly indicate the country of origin of goods in the application

In order to correctly indicate the country of origin of the goods, you need to refer to the Decree of Gosstandart of Russia of February 14, 2001 No. 529-st. It is they who determine which names, including abbreviations, are permissible for a particular country. For your convenience, we have placed on our site information from the All-Russian Classifier of World Countries.

Common mistakes that bidders make are:

• Instead of the name provided for by the classifier, abbreviations are indicated, for example, “RF” or “USA”. Both of these abbreviations, although familiar to use, are considered erroneous. Correct to write " Russian Federation " or " USA"accordingly.
• Another mistake - specifying a specific city without mentioning the country. For example, "Yaroslavl", "Kolomna" or " Moscow region". In all cases, the correct will be to write simply." Russian Federation".
• Some participants try to indicate the country in which the goods were produced, using sophisticated phrases. For example, “Belarusian-made goods” or “goods produced in Belarus”. This is also wrong, you just need to write "Belarus". By the way, the familiar to the Russian rumor "Belarus" in accordance with the classifier is unacceptable.

What you need to specify the country of origin of goods

Having dealt with all the details and subtleties of specifying the country of origin of goods, some bidders still wonder why it is needed? The answer to this question is given in Article 14 of Federal Law No. 44. For all purchases made by state and municipal authorities, the national regime applies. In addition, for some categories of goods of Russian, Belarusian and Kazakh production, 15% preferences are provided. Their list is determined by the order of the Ministry of Economic Development dated March 25, 2014 No. 155. Rating 4.88 (4 votes)