GENERAL RULES FOR THE INTERPRETATION OF THE HARMINIZED 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, provided 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, classification 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 criteria in applicable.
(c) When goods cannot be 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 to the goods to which they are most
akin.
5. In addition to the foregoing provisions, the following Rules shall apply in
respect of the goods referred to therein :
(a) Camera cases, musical instrument cases, gun cases, drawing instrument
cases, necklace cases and similar containers, specially shaped or fitted to
contain a specific article or set of articles, suitable for long-term use
and presented with the 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 use.
6. For legal purposes, the classification of goods in the subheadings of a heading
shall be determined according to the terms of those subheadings and any related
Subheading Notes and, mutatis mutandis, to the above Rules, on the
understanding 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.
*7. Throughout the Nomenclature the expression “packed for sale by retail” shall
man that the goods concerned are put up for sale in containers in quantities of
1200 grams or less; and the expression “tablet form” shall mean that goods are
made in the shape of tablets, pills, discs, sticks, rods, balls or other form
and that the weight of each article (or if the shapes are composed of smaller
shapes, the weight of each of the smaller shapes) does not exceed 200 grams,
n.e.s.
*8. Throughout the Nomenclature the term “containers” shall mean any container
of wood, metal, glass, paperboard, plastic or other material, provided that
they are in immediate contact with the goods therein.
*9. The expression “CKD” means completely knocked down condition as determined
by The Decree of The Minister of of Industry and Trade that has been
delivered and accepted by The Minister of Finance.
*10. If there is any doubt in interpretation of the texts provided for in this
Nomenclature, as long as the text are related to :
- General Rules for the interpretation of the Harmonized System,
Paragraph 1 to 6;
- Section Notes, Chapter Notes, Subheading Notes;
- Description of goods in 4 digits level;
- Description of goods in 6 digits level;
- Description of goods in 8 digits level;
- Description of goods in 10 digits level in which the last two digits are
“00” (e.g. 7608.10.00.00)
the English texts shall bind as stated in the original text of the HS or
AHTN. As long as the texts are related to especially Chapter 98 and
national subheading at 10 digit level, the Indonesia texts shall bind.
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