GENERAL RULES FOR THE
INTERPRETATION OF THE
HARMONIZED SYSTEM
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 headings and any relative
Section or Chapter Notes and, pro vided such headings or Notes do not
otherwise require, according to the following provisions:
2- (a)
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 article. It shall also be taken
to include a reference to that article complete or finished (or
falling to be classified as complete or finished by virtue of this
Rule), presented unassembled or disassembled.
(b)
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 materials 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 principles 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 headings, classificatiotl
shall be effected as follows:
(a)
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 only of
the items in a set put up for retail sale, those 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.
(b)
Mixtures, composite goods consisting of different materials or made up
of different components, and goods put up in sets for retail sale,
which cannot be classified by reference 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.
(c)
When goods cannot by 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 the goods to which
they are most akin.
5-
In addition to the foregoitlg provisions, the following Rules shall
apply in respect of the goods referred to therein:
(a)
Camera cases, musical] instrument cases, gun cases, drawing
instrun1ent cases, necklace cases and similar containers, specially
s1apes or fitted to contain a specific article or set of articles,
suitable for long-term use and presented with that: articles 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.
(b)
Subject to the provisions of Rule 5 (a) above, packing materials and
packing containers 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 lose.
6-
For legal purposes, the classification of goods in the subheadings of
a heading shall be determined according to the terms of those
su1Jheadings and any related Subheading Notes and, mutatis mutandis,
to the above Rules, on the understudying that only subheadings at the
same level are comparable. For the purposes of this Rule the relative
Section and Chapter Notes also apply, unless the context otherwise
requires.
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