Refusal letter: when it is enough for a marketplace

The refusal letter is the most underrated document on the list. It is often considered a “weak replacement for a certificate”, although it solves a different task: to prove that no document is needed at all.

What it must contain

• The name of the product — exactly as in the card and on the packaging
• The HS code (TN VED) or OKPD 2
• References to the regulations that the product does not fall under
• The reasoning: why the product is not in the lists
• The details of the issuing organization, the date, the signature

When a refusal letter is enough

Action plan

1. Determine the HS code (TN VED) and the purpose of the product.
2. Check the product lists in the applicable regulations — how to do it.
3. If the product is not listed, request a refusal letter from a certification body.
4. Compare the name in the letter with the card and the packaging.

What the platforms ask for in other cases — in the article on documents for Wildberries and Ozon.

What a correct reasoning looks like

A good refusal letter reads like a short expert opinion: what the product is, what the code is, which regulations were considered and why the product does not fall under them. A bad one reads like a note “not subject” without a single reference.

How long it is valid

The document has no validity period: it reflects the state of regulation on the date of issue. But the product lists change, so a letter older than two or three years should be updated — especially if new regulations have appeared in your category.

Who issues a refusal letter

This is where the main misunderstanding lies. A refusal letter is not a state document. It is not issued by Rosaccreditation, it is not entered in a state register and it has no single approved form. It is the conclusion of a certification body that the product does not fall under mandatory conformity confirmation.

Two practical consequences follow from this.

• The letter cannot be checked in a register. Unlike a declaration, it has no number in a state system. The only thing that can be checked is whether the issuing organization exists and what kind of organization it is.
• The weight of the letter equals the weight of the reasoning in it. A paper with a stamp and the phrase “the product is not subject to certification” without references to specific items of the lists will prove nothing either to customs or to an inspector.

What a refusal letter solves at customs, and what it does not

During customs clearance, permit documents are required depending on the HS code (TN VED): if the code falls into the list of goods for which conformity documents are needed, the inspector will ask for them. In this situation the refusal letter serves as the reasoning why your particular product does not fall under the requirement, although the code formally matches.

This works when the item in the list is described more broadly than your product. A classic example: the code covers a group of products, some of which are intended for children and require documents, while your products are for adults and do not fall under the regulation.

What the letter will not do: it will not cancel the requirement if the product really falls under a regulation. An attempt to “close” with a refusal letter a product that needs a declaration is not a trick but a violation, which is revealed at the first check.

A refusal letter for a batch and for a series

Like other documents, a refusal letter comes in two kinds, and the number of times it can be used depends on this.

For marketplaces a letter for a series is requested more often: a card lives long, and batches change.

When a refusal letter is not enough

There are situations in which a refusal letter does not close the question, even if everything is formally correct.

• The product is subject to state registration — here the letter does not replace the certificate
• The product is a children's product: the requirements are stricter, and platforms accept such letters reluctantly
• The product falls under mandatory labelling — this is a separate duty, not related to conformity confirmation
• The product is food: the vast majority of food products are declared, exceptions are rare
• The product is in the list of personal protective equipment or medical devices

And separately: if you yourself are not sure whether the product falls under a regulation or not, a refusal letter is not a way to remove the uncertainty. It records a conclusion, it does not replace the analysis. How this analysis works was explained in the article on product lists and in the material on choosing the document form.

How to choose an organization and what to ask

Since there is no register, the responsibility for the choice lies fully with you. The minimum check before payment:

• The organization exists: details, legal address, registration data
• It does conformity assessment, not “document preparation” in general
• It is ready to show a sample letter before payment — the sample shows the level of reasoning
• It asks you for a description of the product, the composition, the purpose and photographs, not only the HS code (TN VED)
• It is ready to justify the conclusion orally: if a specialist cannot explain why the product does not fall under a regulation, the letter will be the same

The last item filters out most: an organization that issues letters in an hour based on the code alone does not analyze the product — it prints a template.