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DECISION OF THE COMMISSION OF CUSTOM UNION

of January 28, 2011 No. 522

About Regulations on procedure for application of the single Commodity nomenclature of foreign economic activity of the Customs union in case of classification of goods

(as amended of the Decision of the Commission of the Customs union of 16.08.2011 No. 767)

The commission of the Customs union solved:

Approve Regulations on procedure for application of the single Commodity nomenclature of foreign economic activity of the Customs union in case of classification of goods it (is applied).

Members of the commission of the Customs union:

 

From the Republic of Belarus

S. Rumas

From the Republic of Kazakhstan

U. Shukeev

From the Russian Federation

I. Shuvalov

 

 

Approved by the decision of the Commission of the Customs union of January 28, 2011 No. 522

Regulations on procedure for application of the single Commodity nomenclature of foreign economic activity of the Customs union in case of classification of goods

I. General provisions

1. This Provision is developed for the purpose of ensuring uniformity of interpretation of the single Commodity nomenclature of foreign economic activity of the Customs union (FEACN CU) in case of classification of goods.

II. Terms and determinations

2. The terms used in this Provision mean the following:

2.1. "classification group" - the set of the goods having general signs named in FEACN CU.

Higher classification groups are divided in hierarchical procedure into subordinate classification groups.

General signs of the goods entering into classification groups are determined based on the signs specified in their names taking into account the signs specified in directly higher classification groups and notes containing in FEACN CU.

Examples see in the Section IV.

2.2. "code" - the arranged set of the Arab figures applied to designation of classification group of goods.

2.3. "goods item" - the classification group of goods having the bezdefisny name and the code consisting of four figures or more provided that all figures, starting with the fifth, are zero.

Codes of goods items can be the following types: XXXX, XXXX 00, XXXX 00th 00, XXXX 00th 000, XXXX 00 000 0, where X designates code figure.

Examples see in the Section IV.

2.4. "subline item" - the classification group of goods which is part of goods item, having the one-hyphenated or two-hyphenated name, and or having the code consisting of six figures or more provided that the fifth figure of code is other than zero and all figures of code, starting with the seventh, are zero, or not having code provided that the fifth figure of codes of subordinate classification groups is other than zero.

Codes of subline items can be the following types: XXXX XX, XXXX XX 00, XXXX XX 000, XXXX XX 000th 0, where X designates code figure.

Examples see in the Section IV.

2.5. "subsubline item" - the classification group of goods which is part of subline item, and in case of its absence being part of goods item, and or having the code consisting more than of six figures, or not having code, but having the one-hyphenated or multihyphenated name provided that codes of subordinate classification groups have the fifth figure "zero" and/or consist more than of six figures.

Podsubpozition can be part of higher subsubline items.

Codes of subsubline items can be the following types: XXXX XX XX, XXXX XX XXX, XXXX XX XXX X, XXXX 00 XX, XXXX 00 XXX, XXXX 00 XXX H where X designates code figure.

3. Subline items (subsubline item) at one level - the subline items or subsubline items allocated within one directly higher classification group and having identical quantity of hyphens.

Examples see in the Section IV

4. The term "line item" is applied to designation of goods item, either subline item, or subsubline item.

III. Application of the Basic rules of interpretation of the Commodity Nomenclature of Foreign Economic Activity

5. The basic rules of interpretation of the Commodity Nomenclature of Foreign Economic Activity (OPI) are intended for ensuring unambiguous reference of specific goods to the certain classification group coded at the necessary level.

6. OPI are applied uniformly in case of classification of any goods and is consecutive:

OPI 1 is applied first of all;

OPI 2 is applied in case of impossibility of classification of goods according to OPI 1;

OPI 3 is applied in case of impossibility of classification of goods according to OPI 1 or OPI 2;

OPI 4 is applied in case of impossibility of classification of goods according to OPI 1, OPI 2 or OPI 3;

OPI 5 is applied if necessary after application of other OPI;

OPI 6 is applied in need of determination of code of subline item (subsubline item).

In case of application of OPI 2 at first OPI 2a, then OPI 2b - in case of impossibility of classification of goods according to OPI 2a is applied.

In case of application of OPI 3 at first OPI 3a, then OPI 3b - in case of impossibility of classification of goods according to OPI 3a, then OPI 3v - in case of impossibility of classification of goods according to OPI 3a or OPI 3b is applied.

7. In case of classification of goods the following sequence of actions before achievement of necessary level of classification is performed:

7.1. Determination of goods item by means of OPI 1 - OPI 5, applied according to the procedure, stipulated in Item the 6th this provision;

7.2. Determination of subline item (subsubline item) based on OPI 6 and by means of OPI 1 - OPI 5, applied according to the procedure, stipulated in Item the 6th this provision, by replacement in texts of OPI 1 - OPI 4 of the term "goods item" the term "subline item" ("subsubline item") in the corresponding number and case if the goods item determined according to subitem 7.1 of this provision has subordinate subline items (subsubline items):

determination of one-hyphenated subline item (subsubline item) within this goods item;

determination of two-hyphenated subline item (subsubline item) within this one-hyphenated subline item (subsubline item);

determination of three-hyphenated subsubline item within this two-hyphenated subline item (subsubline item);

and so on before achievement of necessary level of classification.

IV. Examples of classification groups

8. According to subitem 2.3.

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| Код ТН ВЭД |      Наименование позиции       |       Примечание       |
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|0101        |Лошади, ослы, мулы и лошаки      |товарная позиция        |
|            |живые:                           |                        |
|-----------------------------------------------------------------------|
|                                                                       |
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