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The document ceased to be valid since December 31, 2021 according to the Order of Customs Service of the Republic of Moldova of December 15, 2021 No. 372-O

ORDER OF CUSTOMS SERVICE OF THE REPUBLIC OF MOLDOVA

of January 21, 2015 No. 21

About classification of the ethyl alcohol which is not denatured, used in pharmaceutics, medicine

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 (The official monitor of the Republic of Moldova, 2014, 231/237/529), and also based on Article 141-2 of the Customs code of the Republic of Moldova No. 1149-XIV of July 20, 2000 (переопубликован in the Official monitor of the Republic of Moldova, special release of 1:01. 2007), with subsequent changes and amendments, I ORDER:

1. Approve methodology of classification of the ethyl alcohol which is not denatured, used in pharmaceutics, medicine (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 the Official monitor of the Republic of Moldova.

CEO of Customs Service

Tudor Balitski

Appendix

to the Order of Customs Service of the Republic of Moldova of January 21, 2015 No. 21-O

Methodology of classification of the ethyl alcohol which is not denatured, used in pharmaceutics, medicine

This methodology is developed on the basis of the Combined commodity nomenclature approved by the Law No. 172 of July 25 2014, of 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, recommendations of World Customs Organization.

Not denatured ethyl alcohol represents colourless, combustible liquid with specific smell and taste which turns out or by fermentation of some sugars under the influence of yeast or other enzymes, with the subsequent distillation or by synthesis. Not denatured ethyl alcohol can have different fortress and is used in different areas, such as the food industry, perfumery, pharmaceutical industry (in case of production of medicines), medicine (it is used as antiseptic agent against bacteria, disinfectant, etc.), the chemical industry, etc.

The first basic rule of interpretation of the Combined commodity nomenclature says that "for the legal purposes classification of goods in the Combined nomenclature 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.

According to the rule stated above the rule 3 (a) provides that if owing to the rule 2 (b) or for any other reasons is available, possibility of reference of goods to two or more goods items, preference is given to that goods item which contains the most specific description of goods in comparison with goods items with more general description.

In this context, proceeding from the name of goods items 2207 "The ethyl alcohol which is not denatured with concentration of alcohol 80 about. % or more; the ethyl alcohol and other spirit tinctures denatured, any concentration", 3004 "Medicines (except goods of goods item 3002, 3005 or 3006), consisting of the mixed or unmixed products, for use in the therapeutic or preventive purposes, packed up in the form of the dosed dosage forms (including medicines in the form of transdermal systems) or in forms or packagings for retail sale" and 3808 "Insecticides, rodenticides, fungicides, herbicides, plant growth inhibitors and regulators of growth of plants, means disinfecting and similar it, packed up in forms or packagings for retail sale or presented in the form of ready medicines or products (for example, the tapes processed by sulfur, matches and candles and paper sticky from flies)" the most specific description of the not denatured ethyl alcohol including used in pharmaceutics and medicine is this in goods item of 2207.

Considering the above provision, not denatured ethyl alcohol with concentration 80 about. the % or more, irrespective of scope and method of packaging, is classified in goods item of 2207.

Goods item of 2208 "The ethyl alcohol which is not denatured with concentration of alcohol less than 80 about. %; spirit tinctures, liqueurs and other alcoholic drinks" not denatured ethyl alcohol with concentration of alcohol includes less than 80 about. the % intended for consumption by the person or for industrial application; even if it is consumed by the person, ethyl alcohol differs from other alcoholic products, the fact that it is free from any aromatic substances.

Thus, not denatured ethyl alcohol having concentration less than 80 about. the %, irrespective of scope and method of packaging, is classified in goods item of 2208.

Therefore, not denatured ethyl alcohol used in pharmaceutics and medicine with concentration 80 about. the % or more, is classified in goods item 2207, but not denatured ethyl alcohol used in pharmaceutics and medicine with concentration less than 80 about. % in goods item of 2208.

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