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ORDER OF CUSTOMS SERVICE OF THE REPUBLIC OF MOLDOVA

of June 11, 2014 No. 257

About classification of the textile materials impregnated, with covering or duplicated by porous plastic

(as amended of the Order of Customs Service of the Republic of Moldova of 18.12.2014 No. 510)

For the purpose of single classification of homogeneous goods, effective customs control of the goods crossing border of the Republic of Moldova, their identification according to the Combined commodity nomenclature approved by the Law No. 172 of July 25, 2014 Monitorul Oficial al Republicii Moldova, 2008, No. 112-114, the Art. 726) with subsequent changes and amendments and also based on Article 141-2 of the Customs code of the Republic of Moldova No. 1149-XIV of July 20, 2000 (it is reissued in Monitorul Oficial al Republicii Moldova, special release of January 1, 2007), with subsequent changes and amendments, I ORDER:

1. Approve methodology of classification of the textile materials impregnated, with covering or duplicated by porous plastic, according to appendix.

2. To assign execution of this order to chiefs of customs.

3. This order becomes effective from the date of publication in Monitorul Oficial al Republicii Moldova.

CEO of Customs Service

Tudor Balitski

Appendix

to the Order of Customs Service of the Republic of Moldova of June 11, 2014 No. 257

Methodology of classification of the textile materials impregnated, with covering or duplicated by porous plastic

This methodology was developed based on the Combined commodity nomenclature approved by the Law No. 172 of July 25 2014, with subsequent changes and amendments, the Explanations to the Harmonized commodity description and coding system developed by World Customs Organization, one of the parties of which is the Republic of Moldova.

This Provision establishes classification of textile materials which were impregnated, with covering or duplicated on the one hand by porous plastic.

The term "textile materials" means the material containing flexible network of natural, artificial, synthetic fibers, or their mix which are made by different methods: manual or mechanical. Materials can be received on the weaving loom, knitting, weaving or punching (nonwoven fabric, felt or felt).

The term "plastic" according to the note 1 to group 39 means materials of goods items 3901 – 3914, which are capable in case of polymerization or at any subsequent stage to take the set form under the influence of external impact (usually temperatures and pressure, and if necessary and with use of the solvent or the plasticizer) and to keep it after elimination of external impact, such as pressing, casting, extruding, mangling or another.

According to the Commodity nomenclature of the Republic of Moldova textile materials are specified in the Section XI "Textile materials and textile products". The textile materials impregnated, with covering or duplicated are specified in goods item 5602, if it is felt or felt, in goods item 5603, if is nonwoven fabric and in goods item 5903, if textile material is fabric or jersey.

The textile materials included in group 59, according to the note 1 to this group belong only to tissues of groups 50-55 and goods items 5803 and 5806, to wattled band and finishing materials in piece of goods item 5808 and to cloth knitted machine or hand knitting of goods items 6002 – 6006.

Nevertheless the Section XI does not include number of products and objects, such as those which are listed in the note of the Section. According to the note 1 z) of the Section XI are excluded from it: fabrics, knitted cloths of machine or hand knitting, felt or felt or the nonwoven fabrics impregnated, with covering or duplicated by plastic, or products of group 39 of them.

At the same time exceptions of goods item of 5903 textile materials impregnated, with covering or the duplicated plastic of any area density and any nature of plastic (dense or porous) are listed in the note 2 a) to group 59, namely:

1) materials which have impregnation or covering are not visible with the naked eye (usually groups 50 – 55, 58 or 60); at the same time any subsequent change of color is not taken into account;

2) products which cannot be bent without break manually around the cylinder with a diameter of 7 mm at temperature of 15 - 30 oC (usually group 39);

3) products in which textile material is closed completely up in plastic or is completely covered with plastic from two parties provided that such covering is visible to the naked eye; at the same time any subsequent change of color is not taken into account (group 39);

4) the materials which are partially covered with plastic and having the drawings received as a result of such processing (usually groups 50 – 55, 58 or 60);

5) plates, sheets or strips or tapes from porous plastic in combination with textile material, and textile material serves only for reinforcing (group 39); or

6) textile products of goods item 5811.

The felt and nonwoven fabrics impregnated, with covering or duplicated by plastic, excluded from goods item 5602 and 5603, are listed in Items and), b) and c) notes 3 to group 56, namely:

a) the felt or felt impregnated, with covering or no more than 50 Mas duplicated by plastic or rubber, containing. % of textile material, either the felt or felt which is completely closed up in plastic or rubber (groups 39 or 40);

b) the nonwoven fabrics which are completely closed up inside plastic or rubbers or completely covered with such materials from two parties provided that such covering or cover can be distinguishable with the naked eye, not in view of any change of color connected with it (groups 39 or 40); or

c) the plates, sheets or strips or tapes from porous plastic or porous rubber connected to felt or felt or nonwoven fabrics where textile material is added for reinforcing (groups 39 or 40).

The Section of Plastic in combination with textile material of General provisions of group 39 "Plastic and products from them" Explanations to the Harmonized commodity description and coding system says that here join:

a) the felt or felt impregnated, with covering or no more than 50 Mas duplicated by plastic, containing. % of textile material, either the felt or felt which is completely closed up in plastic;

b) the textile materials and nonwoven fabrics which are completely closed up inside plastic or completely covered with plastic from two parties provided that such covering is visible to the naked eye, at the same time any subsequent change in color is not taken into account;

c) the textile materials impregnated, with covering or duplicated by plastic which cannot be bent without break manually around the cylinder with a diameter of 7 mm at temperature of 15 - 30 °C;

d) plates, sheets and strips or tapes from porous plastic in combination with textile materials (as it is determined in the note 1 to group 59), felt or felt, or nonwoven fabrics provided that these textile materials are used only for reinforcing.

In compliance with the notes and provisions mentioned above to determine if textile material in combination with porous plastic, is classified in group 39 or the Section XI, it is necessary to consider two main issues:

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