Classification of goods in
the Nomenclature shall be governed
by the following principles:
1. The
titles of Sections, Chapters
and sub-Chapters are provided
for ease of reference only
for legal purposes, classification
shall be determined according
to the terms of the heading
and any relative Section or
Chapter Notes and, provided
such headings or Notes do not
otherwise require, according
to the following provisions:
2.
- Any
reference in a heading
to an article shall be taken
to include a reference to
that article incomplete or
unfinished, provided that,
as presented, the incomplete
or unfinished article
has the essential character
of the complete or finished
articles . It shall also
be taken to include a reference
to that article complete
or finished (or failing to
be classified as complete
or finished by virtue of
this Rule), presented, unassembled
or disassembled .
- Any reference
in a heading to a material
or substance shall be taken
to include a reference to
mixtures or combinations
of that material or substance
with other material or
substances. Any reference
to goods of a given material
or substance shall be taken
to include a reference to
goods consisting wholly or
partly of such material or
substance. The classification
of goods consisting of
more than one material or
substance shall be according
to the principle of Rule
3.
3. When by application of
Rule 2 (b) or for any other
reason, goods are, prima facie,
classifiable under two or more
heading, classification shall
be effected as follows:
- The heading
which provides the most specific
description shall be preferred
to headings providing a more
general description. However
when two or more headings
each refer to part only of
the materials or substances
contained in mixed or composite
goods or to part of the items
in a set put up for retail
sale, these headings are
to be regarded as equally
specific in relation to those
goods, even if one of them
gives a more complete or
precise description of the
goods.
- Mixtures,
composite goods consisting
of different material or
made up of different components,
and goods put up in sets
for retail sale, which cannot
be classified by references
to 3 (a), shall be classified
as if they consisted of the
material or component which
gives them their essential
character, insofar as this
criterion is applicable.
- When
goods cannot be classified
by reference to 3 (a) or
3 (b), they shall be classified
under the heading which occurs
last in numerical order among
those which equally merit
consideration .
4. Goods which cannot be classified
in accordance with the above
Rules shall be classified under
the heading appropriate to
the goods to which they are
most akin.
5. In addition to the foregoing
provision, the following Rules
shall apply in respect of the
goods referred to therein.
- Camera
cases, musical instrument
cases, gun cases, drawing
instrument cases, necklaces
cases and similar containers,
specifically shaped or fitted
to contain a specific article
or set of articles, suitable
for long- term use and presented
with the article for which
they are intended, shall
be classified with such articles
when of a kind normally
sold therewith. This Rule
does not, however, apply
to containers which give
the whole its essential character;
- Subject
to the provision of Rule
5 (a) above, packing material
and packing container presented
with the goods therein shall
be classified with the goods
if they are of a kind normally
used for packing such goods.
However, this provision is
not binding when such packing
materials or packing containers
are clearly suitable for
repetitive use.
6. For legal purposes, the
classifications of goods in
the sub-headings of a heading
shall be determined according
to the terms of those sub-headings
and any related Sub-heading
Notes and, mutatis mutandis,
to the above Rules, on the
understanding that only sub-heading
at the same level are comparable.
For the purpose of this Rule
the relative Section and Chapter
Notes also apply, unless the
context otherwise requires. |