Why did the cargo have to be destroyed?
A company approached us with a request for customs clearance of food-grade gelatin. However, an issue arose that ultimately led to the destruction of the entire shipment.
At the time of the client’s request, the goods had already arrived at the temporary storage warehouse (TSW) in Almaty, and we began preparing the documents for clearance. During the review of documents and HS codes, it became clear that veterinary authorization was required for customs clearance. Without this permit, it was simply impossible to submit the declaration.
Reference on HS code https://docs.eaeunion.org/ru-ru/Pages/DisplayDocument.aspx?s=e1f13d1d-5914-465c-835f-2aa3762eddda&w=9260b414-defe-45cc-88a3-eb5c73238076&l=8a412e96-924f-4b3c-8321-0d5e767e5f91&EntityID=8084
We identified two major problems:
Problem #1. To obtain the veterinary permit, the manufacturer of this product needed to be listed in the official supplier register — but they were not.
Problem #2. The procedure for obtaining veterinary authorization (including the manufacturer’s registration in the supplier register) could take more than four months. However, goods cannot remain in a TSW beyond this period, and the storage costs alone would have exceeded the value of the cargo.
The client’s mistake was failing to consult a qualified customs broker before shipping the goods — especially given that they had never imported this type of product before.
Three possible solutions to the problem:
1. Obtain the veterinary authorization.
In this case, the manufacturer would need to apply for registration in Kazakhstan’s supplier register and then apply for the permit itself. However, given that the manufacturer was based in Europe and the import volumes to Kazakhstan were relatively small, it was unlikely they would invest the time and money required.
2. Return the goods.
Send the shipment back to the country of origin. This option would require the client to pay for return transport, while the recipient would also have to undergo customs clearance in the destination country — an economically unviable solution.
3. Destroy the goods.
An official procedure that allows the goods to be destroyed without paying import duties or being subject to non-tariff measures. The process, however, is not free of charge. First, a scientific assessment must be obtained, and a disposal plan must be developed, specifying the method and approved landfill sites. Next, a contract with the landfill operator is signed, and they provide the cost of the procedure. After that, a destruction declaration is submitted. Finally, a customs commission oversees the destruction at the landfill under video recording. Once completed, an official act is issued and entered into the declaration, which is then considered released.
Since destruction was cheaper than option #2 and more feasible than option #1, we proceeded with preparing the necessary letters and documents for the disposal of the goods.
