(as of October 9, 2009)
Basic rules of interpretation of the Commodity Nomenclature of Foreign Economic Activity
Classification of goods in the Commodity nomenclature of foreign economic activity (Commodity Nomenclature of Foreign Economic Activity) is performed by the following Rules:
1. Names of Sections, groups and subgroups are provided only for usability of the Commodity Nomenclature of Foreign Economic Activity; for the legal purposes classification of goods in the Commodity Nomenclature of Foreign Economic Activity is performed proceeding from texts of goods items and the corresponding notes to Sections or groups and if such texts do not provide other, according to following provisions:
2. a) Any reference in the name of goods item to any goods shall be considered and as the reference to such goods in incomplete or incomplete type provided that, being presented in the incomplete or incomplete form, these goods have the main property of complete or complete goods, and also shall be considered as the reference to the complete or complete goods (or classified in the considered goods item as complete or complete owing to this Rule) presented in not collected or sorted form.
b) Any reference in the name of goods item to any material or substance shall be considered and as the reference to mixes or compounds of this material or substance with other materials or substances. Any reference to goods from certain material or substance shall be considered and as the reference to the goods fully or partially consisting of this material or substance. Classification of the goods consisting more than of one material or substance is performed according to Rule 3 provisions.
3. If owing to the Rule 2 (b) or for any other reasons is available, prima facie, possibility of reference of goods to two or more goods items, classification of such goods is performed as follows:
a) Preference is given to that goods item which contains the most specific description of goods, in comparison with goods items with more general description. However when each of two or more goods items is related only to part of the materials or substances which are part of mix or multicomponent product or only to part of the goods provided in set for retail sale, these goods items shall be considered equivalent in relation to these goods even if one of them gives more complete or exact description of goods.
b) Mixes, the multicomponent products consisting of various materials or made of various components and the goods provided in sets for retail sale which classification cannot be performed according to provisions of the Rule 3 (a) shall be classified by that material or component which give to these goods the main property provided that this criterion is applicable.
c) Goods which classification cannot be performed according to provisions of the Rule 3 (a) or 3 (b) shall be classified in goods item, the last in ascending order of codes among goods items, equally acceptable for consideration in case of classification of these goods.
4. Goods which classification cannot be performed according to provisions of the above Rules are classified in the goods item corresponding to the goods (close) to the most similar to the considered goods.
5. In addition to above-mentioned provisions the following Rules shall be applied to named below goods:
a) Covers and cases for cameras, musical instruments, guns, drawing accessories, necklaces, and also the similar container having the special form or adapted for placement of the corresponding product or set of products suitable for long-term use and provided together with products for which it is intended shall be classified together with the products packed into them if such type the container usually goes on sale together with these products. However this Rule is not applied to container which, forming whole with packed item, gives the last the main property.
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