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Law No. 98 Of September 23, 1996

Original Language Title:  LEGE nr. 98 din 23 septembrie 1996

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LEGE No. 98 of September 23, 1996 for the accession of Romania to the International Convention on the Harmonized System for the Designation and Coding of Goods, including its Annex, concluded in Brussels on 14 June 1983
ISSUER PARLIAMENT
Published in OFFICIAL GAZETTE NO. 234 of 27 September 1996



The Romanian Parliament adopts this law + Article 1 Romania shall accede to the International Convention on the Harmonized System for the Designation and Coding of Goods, including its Annex, concluded in Brussels on 14 June 1983. + Article 2 On the date of entry into force of this Law, the following paragraph I "Customs nomenclature" of Annex no. 2 2 to Government Ordinance no. 26/1993 , approved by Law no. 102/1994 . This law was adopted by the Senate at its meeting on March 12, 1996, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT RADU VASILE This law was adopted by the Chamber of Deputies at the meeting of September 3, 1996, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE INTERNATIONAL CONVENTION on the harmonised system for the designation and codification of goods *), concluded in Brussels on 14 June 1983 PREAMBUL The Contracting Parties to this Convention, drawn up under the auspices of the Customs Cooperation Council, in the desire to facilitate international trade, in the desire to facilitate the collection, comparison and analysis of statistical data, in particular on international trade, in the desire to reduce the expenditure incurred by the need to assign to the goods a new name, a new classification and a new codification, when in international exchanges they pass from one classification system to another, and in the desire to facilitate the uniformity of commercial documents, as well as data transmission Considering that the evolution of international trade techniques and structures implies important changes in the Convention on the Nomenclature for the Classification of Goods in Customs Tariff, concluded in Brussels on 15 December 1950, Considering also that the degree of detail, required for tariff and statistical purposes by governments and trade circles, is now far beyond that provided by the nomenclature annexed to the abovementioned Convention, Considering that it is important to have accurate and comparable data for the purposes of international trade negotiations, Considering that the Harmonised System is intended to be used for the establishment of tariffs and statistics on the different modes of transport of goods Considering that the Harmonised System is intended to be incorporated, as far as possible, into trade systems for the designation and codification of goods, Whereas the Harmonised System is intended to promote the establishment of a stronger correlation between import and export trade statistics, on the one hand, and production statistics, on the other, considering that a close correlation between the Harmonized System and the Type for International Trade (C.T.C.I.) of the United Nations should be maintained, Considering that it is appropriate to meet the abovementioned requirements by means of a combined tariff and statistics nomenclature, which may be used by the various participants in international trade, considering that it is important to ensure that the harmonised system is kept up to date, depending on the evolution of international trade techniques and structures, considering the work already done in this area by the Harmonized System Committee, set up by the Customs Cooperation Council, considering that, in the event that the Convention on the Nomenclature, as mentioned above, proved to be an effective instrument in achieving some of these objectives, the best means of achieving the desired results is to conclude a new international convention, agreed on the following: + Article 1 Definitions For the purposes of this Convention: a) by harmonized system for the designation and codification of goods, hereinafter referred to as the Harmonized System: the nomenclature comprising the headings and subheadings and the corresponding numerical codes, the notes of sections, chapters and subheadings, and the rules General interpretation of the Harmonized System contained in the Annex to this Convention; b) by tariff nomenclature: the nomenclature established in accordance with the legislation of the Contracting Party for the collection of import duties; c) by statistical nomenclature: the nomenclature of the goods, drawn up by the contracting party, for the collection of the data necessary for the production of import and export statistics d) by the combined tariff and statistical nomenclature: a combined nomenclature which integrates the tariff nomenclature and the statistical nomenclature legally required by the contracting party for the declaration of import goods; e) by the Convention on the establishment of the Council: the Convention on the Establishment of a Customs Cooperation Council, concluded in Brussels on 15 December 1950 f) by Council: the Customs Cooperation Council, referred to in lett. e); g) by Secretary-General: Secretary General of the Council; h) by ratification: ratification itself, acceptance or approval. + Article 2 Annex The Annex to this Convention forms an integral part thereof and any reference to this Convention shall also apply to this Annex. + Article 3 Obligations of the 1. Subject to the exceptions mentioned in art. 4 4: Each Contracting Party shall undertake, with the exception of the application of the provisions of subparagraphs c) of this paragraph, that from the date on which this Convention enters into force, as far as it is concerned, its tariff and statistical nomenclatures shall be compliant with the Harmonized System. It therefore commits itself to drawing up its tariff and statistical nomenclatures: 1. to use all positions and subheadings of the Harmonized System, without additions or modifications, as well as the related numerical codes; 2. to apply the general rules for the interpretation of the Harmonized System, as well as all the notes on sections, chapters and subheadings and not to modify the scope of these sections, chapters, positions or subheadings of the System harmonized; 3. comply with the order of numbering of the Harmonized System. b) Each Contracting Party shall also make available to the public its import and export statistics, in accordance with the six-digit code of the Harmonised System, or, at the initiative of the Contracting Party, above that level, the extent to which such publication is not excluded for exceptional reasons, such as the confidentiality of commercial information or national security. c) No provision of this Article shall oblige the Contracting Parties to use the subheadings of the Harmonized System in their tariff nomenclature, provided that they conform, in their combined tariff and statistical nomenclature, to the provisions of the subparagraphs a) 1., a) 2. and a) 3. above. 2 2. By meeting the commitments of paragraph 1 subparagraph a) of this Article, each Contracting Party may make those adjustments of text necessary for the Harmonized System to become operative in relation to its national law. 3. No provision of this Article shall prohibit the Contracting Parties from establishing, in their tariff or statistical nomenclatures, subdivisions for the classification of goods above the level of the Harmonized System, provided that these subdivisions be added and coded outside the six-digit numerical code set out in the Annex to this Convention. + Article 4 Partial application by developing countries 1 1. Any developing country, a contracting party, may postpone the application of some or all of the subheadings of the Harmonized System, as long as necessary, taking into account its own structure in international trade or its capacities. its administrative. 2 2. Any developing country, a contracting party, which opts for the partial application of the Harmonized System, according to the provisions of this Article, undertakes to make every effort in order to apply the entire Harmonized System with six figures in a period of 5 years from the date on which this Convention enters into force as regards it or in any other period it considers necessary, taking into account the provisions of paragraph 1 of this Article. 3 3. Any developing country, contracting party, which opts for the partial application of the Harmonized System, according to the provisions of this Article, shall apply either all or none of the subheadings marked with two indents, belonging to a subheadings marked with a dash, either all or none of the subheadings marked with a dash belonging to a position. In such cases of partial application, the sixth figure or the fifth and sixth digits, which correspond to the part of the unapplied Harmonized System code, shall be replaced by 0 or 00 respectively. 4. Any developing country that opts for the partial application of the Harmonized System, according to the provisions of this Article, when it becomes a contracting party, shall notify the Secretary-General of the subheadings it will not apply on the date to which this Convention will enter into force, as far as it is concerned, and the subheadings it will subsequently apply. 5. Any developing country that opts for the partial application of the Harmonized System, according to the provisions of this Article, when it becomes a contracting party, may notify the Secretary-General that it is formally committed to apply the entire six-digit Harmonised System, within 3 years of the date of entry into force of the Convention, as regards it. 6. Any developing country, a contracting party, which partially applies the Harmonized System, according to the provisions of this Article, is issued by the obligations arising from art. 3 3 on the subheadings that it does not apply. + Article 5 Technical assistance for developing countries Developed countries, contracting parties, grant developing countries, at their request, technical assistance, under mutually agreed conditions, especially for the preparation of staff, the transposition of their existing nomenclatures into the System harmonized and assistance for updating their systems transposed, taking into account the amendments to the Harmonized System and for the application of the provisions of this Convention. + Article 6 Harmonized System Committee 1. A committee, called the Harmonized System Committee, consisting of representatives of each Contracting Party, shall be established in accordance with this Convention. 2. The Harmonized System Committee shall, as a rule, meet at least twice a year. 3. Its meetings shall be convened by the Secretary-General and, if the Contracting Parties do not decide otherwise, they shall take place at the Council. 4. Within the Harmonized System Committee, each Contracting Party shall be entitled to a vote; however, within the meaning of the provisions of this Convention and without prejudice to any convention that would end in the future, when a customs union or economic, as well as when one or more of its Member States are Contracting Parties, these Contracting Parties shall jointly have the right to a single vote. Similarly, when all Member States of a customs or economic union, which may become a contracting party under the provisions of art. 11 11 sub-paragraph b) become Contracting Parties, together with the right to a single vote. 5. The Harmonized System Committee shall elect a Chairperson and one or more Vice-Presidents. 6. The internal regulation shall be established by decision adopted by the majority of two thirds of the votes cast by its members. This Regulation is subject to Council approval. 7. The Harmonized System Committee shall, if deemed necessary, invite intergovernmental organizations or other international organizations to participate in its work as observers. 8. The Harmonized System Committee shall, if necessary, create subcommittees or working groups, taking into account, in particular, the provisions of paragraph 1 subparagraph a) of art. 7 and sets out the composition, voting rights and their internal rules. + Article 7 Committee functions 1. The harmonized system shall exercise, taking into account the provisions of art. 8, the following functions: a) propose any draft amendment to this Convention, which it shall consider desirable, taking into account, in particular, the needs of the users or the evolution of the techniques and structures of international trade; b) draft explanatory notes, classification opinions and other opinions for the interpretation of the Harmonized System; c) make recommendations to ensure uniform interpretation and application of the Harmonised System; d) collect and disseminate any information on the application of the Harmonized System; e) provide, ex officio or upon request, to the Contracting Parties, to the Member States of the Council, as well as to intergovernmental organizations and other international organizations which the Committee considers appropriate information or guidance on any issues concerning the classification of goods in the Harmonised System; f) present, at each session of the Council, reports on its work, including proposals for amendments, explanatory notes, classification opinions and other opinions; g) exercise, with regard to the Harmonized System, any other duties or functions that the Council or the Contracting Parties may consider useful. 2. The administrative decisions of the Harmonized System Committee, which have budgetary implications, shall be subject to the approval of + Article 8 The Council 1. The Council shall examine the proposals for amendments to this Convention, drawn up by the Harmonised System Committee, and shall recommend them to the Contracting Parties in accordance with the procedure 16 16, only if a Member State of the Council, which is a Contracting Party to this Convention, does not require that all or part of the proposals in question be returned to the Committee for further examination. 2. Explanatory notes, classification opinions, other opinions on the interpretation of the Harmonized System and recommendations aimed at ensuring uniform interpretation and application of the Harmonized System, formulated during a session of the Committee of the Harmonized System, according to the provisions of paragraph 1 of art. 7 7, are considered as approved by the Council, if, before the end of the second month after the one in which this session has ended, neither of the Contracting Parties to this Convention has notified the Secretary-General that it requires that that issue is subject to the Council. 3. When the Council is referred to a matter in accordance with the provisions of paragraph 2 of this Article, it shall approve those explanatory notes, the opinions of classification other opinions or recommendations, only if a Member State of the Council, which is A Contracting Party to this Convention shall not require that all or part of those proposals be returned to the Committee for further examination. + Article 9 Customs duties The Contracting Parties shall not, by this Convention, assume any obligation in respect of the level of customs duties. + Article 10 Dispute settlement 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Convention shall be resolved, as far as possible, by direct negotiations between those parties. 2. Any dispute that has not been resolved in this manner shall be presented, by the parties to the dispute, to the Harmonized System Committee, which shall examine and make recommendations for its regulation. 3. If the Harmonized System Committee cannot resolve the dispute, it shall submit it to the Council, which shall make recommendations in accordance with Article 4. III lit. e) of the Convention for the Council. 4. The parties in dispute may agree, in advance, to accept the recommendations of the Committee or the Council. + Article 11 Conditions required to become a Contracting Party May become Contracting Parties to this Convention: a) Council Member States; b) the customs or economic unions, which have been transferred the power to conclude treaties with respect to some or all of the problems covered by this Convention; and c) any other State to which the Secretary-General addresses an invitation to that end, in accordance with the instructions of the Council + Article 12 Procedure required to become a Contracting Party 1. Any State or Customs or Economic Union, meeting the required conditions, may become a Contracting Party to this Convention: a) by signing, without reservation of ratification; b) by depositing an instrument of ratification, after the signing of the Convention subject to ratification; or c) by accession, after the convention has ceased to be open for signature. 2. The present Convention shall be open for signature by the Member States and the customs or economic unions referred to in art. 11, at the premises of the Council of Brussels, until 31 December 1986. After that date, the convention will be open for accession. 3. The instruments of ratification or accession shall be deposited with the Secretary-General. + Article 13 Entry into force 1. The present Convention shall enter into force on the first of January 1 after the passage of a period of at least 12 months, but no more than 24 months, from the date on which 17 states or economic or customs unions, provided for in art. 11 11 above, they have signed it without reservation of ratification or have deposited their instruments of ratification or accession, but not before 1 January 1987. 2. For any state or customs or economic union that signs this Convention without reservation of ratification, which ratifies or adheres to it, after the minimum number required under paragraph 1 of this Article has been reached, this Convention enter into force on the first of January 1 after the passage of a period of at least 12 months, but not more than 24 months, the date on which that State or economic or customs union signed the Convention without reservation of ratification or deposited its instrument of ratification or accession, if no earlier date is specified. However, the date of entry into force, as provided for in this paragraph, may not be prior to the entry into force of paragraph 1 of this Article. + Article 14 Application by dependent territories 1. Any State may, either on the date on which it becomes a Contracting Party to this Convention or at a later date, notify the Secretary-General that this Convention extends to all or some of the territories whose relations international are under its responsibility and which are mentioned in the notification. This notification shall enter into force on 1 January following the passage of a period of at least 12 months, but not more than 24 months from the date on which the Secretary-General receives it, only if no earlier date is specified in the notification. However, this Convention may not become applicable to those territories before its entry into force for the State concerned. 2. The present Convention shall cease to be applicable in a designated territory, on the date on which the international relations of this territory are no longer under the responsibility of the Contracting Party or at an earlier date notified to the Secretary according to art. 15. + Article 15 Denunciation This Convention shall be concluded for an unlimited duration. However, any Contracting Party may denounce and denounce it shall enter into force one year after receipt by the Secretary-General of the whistleblowing instrument only if it is not specified once more. + Article 16 Procedure for fines 1 the Council may recommend to the Contracting Parties amendments to this Convention. 2 2. Any Contracting Party may notify the Secretary-General that it formulates an objection to a recommended amendment and may subsequently withdraw that objection within the time limit specified in paragraph 3 of this Article. 3. Any recommended amendment shall be deemed accepted on the expiry of a period of 6 months from the date on which the Secretary-General has notified that amendment, provided that, by the expiry of that period, there is no objection. 4. The accepted amendments shall enter into force for all Contracting Parties to one of the following dates: a) if the recommended amendment is notified before 1 April, the date of entry into force will be 1 January of the second year following the date of this notification; or b) if the recommended amendment is notified on April 1 or later, the date of entry into force will be January 1 of the third year following the date of this notification. 5. The statistical nomenclatures of each contracting party, as well as its tariff nomenclature or, in the case referred to in paragraph 1 subparagraph c) of art. 3 3, the combined tariff and statistical nomenclature must be made in accordance with the Harmonised System amended on the date referred to in paragraph 4 of this Article. 6. Any State or Customs or Economic Union which signs this Convention without reservation of ratification, which ratifies or accedes to it, shall be deemed to have accepted all amendments which, on the date of such State or Union became part contracting, have entered into force or which have been accepted according to the provisions of paragraph 3 of this Article. + Article 17 Rights of the Contracting Parties to the Harmonised System For the problems relating to the Harmonized System, paragraph 4 of art. 6 6, art. 8 8 and paragraph 2 of art. 16 confers on each Contracting Party rights a) in respect of all parts of the Harmonized System which they apply in accordance with the provisions of this Convention; or b) until the date on which this Convention enters into force, as far as it is concerned, according to the provisions of art. 13 13 and as regards all parts of the Harmonised System which it is obliged to apply on that date, as provided for in this Convention; or c) with regard to all parts of the Harmonized System, provided that the contracting party has formally committed itself to applying the entire Harmonized System with six-digit codification, within the 3-year period provided for in paragraph 5 of art. 4 4 and until the expiry of this period. + Article 18 Reserves No reservation shall be allowed at this Convention. + Article 19 Notifications of the Secretary General The Secretary-General shall notify the Contracting Parties, the other signatories, the Member States of the Council, which are not Contracting Parties to this Convention, and the Secretary-General of the United Nations: a) notifications received according to art. 4 4; b) signatures, ratifying and acceding referred to in art. 12 12; c) the date on which this Convention enters into force, according to art. 13 13; d) notifications received according to art. 14 14; e) denunciations received under art. 15 15; f) amendments to this Convention, recommended in accordance with art. 16 16; g) objections made to the amendments recommended according to art. 16, as well as their eventual withdrawal; h) amendments accepted according to art. 16 16, and the date of their entry into force. + Article 20 Registration at the United Nations Under art. 102 102 of the Charter of the United Nations, the presence of the Convention is registered with the United Nations Secretariat at the request of the Secretary General As for which, the undersigned, fully authorized, have signed this Convention. Done at Brussels, 14 June 1983, in French and English, both texts having the same value, in a single original copy to be submitted to the Secretary-General of the Council, who shall transmit certified copies for conformity, to all the customs or economic states and unions referred to in art. 11. + Annex 1 HARMONISED SYSTEM NOMENCLATURE CONTENTS General rules for the interpretation of the harmonised + Section I Live animals and products of the animal kingdom Section Notes ---------------- 1. Live animals 2. Meat and offal 3. Fish and crustaceans, molluscs and other aquatic invertebrates 4. Milk and milk products; poultry eggs; natural honey; edible products of animal origin, n.e.s. 5. Other products of animal origin, not elsewhere specified or included + Section II Products of the vegetable kingdom Section Notes ---------------- 6. Living plants and horticulture products 7. Vegetables, plants, roots and tubers 8. Edible fruits; citrus and melons shells 9. Coffee, tea, maté and spices 10. Cereals 11. Products of the milling industry; malt, starch and feces; inulin; wheat gluten 12. Seeds and oleaginous fruits; various seeds and fruits; industrial or medicinal plants; straw and fodder 13. Gums, resins and other vegetable seve and extracts 14. plaiting materials and other products of vegetable origin, not elsewhere specified or included + Section III Animal or vegetable fats and oils; products of dissociation ; processed fats; animal or vegetable waxes 15. Animal or vegetable fats and oils; products of their dissociation; processed food fats; animal or vegetable waxes + Section IV Products of the food industries; beverages, alcoholic liquids and vinegar; tobacco and tobacco substitutes Section Notes ---------------- 16. Meat preparations, of fish or crustaceans, molluscs or other aquatic invertebrates 17. Sugars and sugary products 18. Cacao and cocoa preparations 19. Prepared on the basis of cereals, flour, starch, feces or milk; pastries 20. Prepared from vegetables, fruit or other parts of plants 21. Various food preparations 22. Drinks, alcoholic liquids and vinegars 23. Residues and waste of the food industry; food prepared for animals 24. Tobacco and tobacco substitutes, processed + Section V Mineral products 25. Salt; sulphur; earths and stones; plaster; lime and cement 26. Minors, slag and ash 27. Mineral fuels, mineral oils and their distillation products; bituminous materials; mineral wax + Section VI Products of the chemical industry or related industries Section Notes ---------------- 28. Inorganic chemicals; inorganic or organic compounds of precious metals, radioactive elements, rare earth or isotopes 29. Organic chemicals 30. Pharmaceuticals 31. Fertilizers 32. Tanning or colouring extracts; tannins and their derivatives; pigments and other colouring matter; paints and varnishes; mastics; inks 33. Essential oils and resinoids; perfumery or toilet products, preparations, and cosmetic preparations 34. Soaps, organic surface agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, maintenance products, luminaries and similar articles, moulding pastes, dental technique wax and preparations for Dental technique based on plaster 35. albuminoid substances; starch-based products or modified feces, glues, enzymes 36. Pulbers and explosives; pyrotechnics; matches; pyrophoric alloys; flammable materials 37. Photographic or cinematographic products 38. Various chemicals of the chemical industry + Section VII Plastics and articles of these materials; rubber and articles thereof rubber Section Notes ---------------- 39. Plastics and articles of these materials 40. Rubber and rubber articles + Section VIII Raw hides and skins, tanned skins, furs and products thereof; articles of cleaning and selection; travel articles, hand bags and articles similar; articles obtained from animal intestines 41. Raw skins and tanned skins 42. Leather objects; cleaning or selection articles; travel articles, bags and similar products; products of animal intestines 43. Furs and articles of fur; artificial fur + Section IX-a Wood, wood charcoal and articles of wood; cork and cork works; works of plaiting of vegetable fibres or twigs 44. Wood, wood charcoal and wooden articles 45. Cork and cork articles 46. Products of plaits of vegetable fibres or of twigs + Section X Wood pulp or other cellulosic fibrous materials; waste and paper or paperboard rebutts; paper and paper articles 47. Wood pasta or other cellulosic fibrous materials; waste and paper or paperboard rebutts 48. Paper and paperboard; articles of pulp, paper or paperboard 49. Publishing, press or other graphic industries; manuscripts, typed texts and plans + Section XI-a Textile materials and articles thereof Section Notes --------------- 50. Matase 51. Lina, fine or coarse animal hair; horse hair and woven fabrics 52. Cotton 53. Other vegetable textile fibres; paper yarn and paper yarn of paper yarn 54. Synthetic or artificial filaments 55. Synthetic or artificial staple fibres 56. Vata, pisla (felt) and non-woven materials; special yarns; strings, ropes, ropes, ropes; articles thereof 57. Carpets and other floor coverings of textile materials 58. Special fabrics; looped fabrics; lace; tapestries, pastures; embroidery 59. Impregnated, oiled, coated or laminated fabrics; technical articles of textile materials 60. knitted or crocheted fabrics 61. Articles and accessories of clothing, knitted or crocheted 62. Articles of apparel and clothing accessories, other than knitted or crocheted 63. Other textile articles made; sets, worn or worn clothing; rags + Section XII Footwear, headgear, umbrellas, sun umbrellas, sticks, whips, ties and parts thereof; apretted feathers and flakes; and articles thereof; artificial flowers; articles of human hair 64. Shoes, gaiters and similar articles, parts of these articles 65. Objects to cover the head and parts thereof 66. Shadows, sun umbrellas, parasols, sticks, whips, ties and parts thereof 67. Penes and fluff, apretate, and articles of feathers or down; artificial flowers; articles of human hair + Section XIII-a Articles of stone, plaster, cement, asbestos, mica or similar materials; ceramic products; glass and glass articles 68. Articles of stone, plaster, cement, asbestos, mica or similar materials 69. Ceramic products 70. Glass and glass items + Section XIV Natural or cultured pearls, precious or semi-precious stones, metals precious, metal clad or blown with precious metals and objects of these; fancy jewelry; coins 71. Natural or cultured pearls, precious or semi-precious stones, precious metals, metal clad or blown with precious metals and objects thereof; fantasy jewellery; coins + Section XV-a Base metal and articles of base metal Section Notes ---------------- 72. Fonta, Iron and Steel 73. Cast iron, iron or steel products 74. Copper and copper articles 75. Nickel and articles of nickel 76. Aluminium and aluminium articles 77. (Reserved for possible future use within the Harmonized System) 78. Lead and lead articles 79. Zinc and articles of zinc 80. Stanium (tin) and articles of tin 81. Other common metals; metallo-ceramics; articles thereof 82. Tools and tools, cutlery (knives, spoons, forks), of base metal; parts of these articles, of base metal 83. Various articles of base metal + Section XVI Machines and apparatus, electrical equipment and parts thereof; apparatus recorded or reproduced the sound, recording or reproducing apparatus television images and sound and parts and accessories of these appliances Section Notes ---------------- 84. Nuclear reactors, water heaters, machines, appliances and mechanical devices; parts thereof 85. Machines, appliances and electrical equipment and parts thereof; apparatus for recording or reproducing sound, recording or reproducing apparatus and sound television and parts and accessories thereof + Section XVII-a Means of transport Section Notes ---------------- 86. Vehicles and equipment for railways or the like and parts thereof; mechanical appliances (including electromechanical) for traffic signals 87. Motor vehicles, tractors, two-or three-wheel vehicles and other terrestrial vehicles, parts and accessories thereof 88. Air or space navigation 89. Maritime or river navigation + Section 18-a Optical, photographic or cinematographic instruments and apparatus, of measurement, control or precision; medical-surgical instruments and apparatus; clockwork; musical instruments; parts and accessories thereof 90. Optical, photographic or cinematographic instruments and apparatus, measuring, checking or precision, medical-surgical instruments and apparatus; parts and accessories thereof 91. Ceasornicarie 92. Musical instruments; parts and accessories for musical instruments + Section XIX-a Weapons and ammunition; parts and accessories thereof 93. Weapons, ammunition, parts and accessories thereof + Section XX-a Goods and products 94. Furniture; medical-surgical furnishings; articles of bed and the like; lighting appliances, not elsewhere specified or included; lamps for firms and light advertisements, illuminating signs and similar articles; prefabricated constructions 95. Toys, games, articles for entertainment or sports; parts and accessories thereof 96. Various Articles Section a XXI-a Articles of art, of collection or of antiquity 97. Art, collection or antiquity objects 98. (Reserved for some special uses by the contracting parties) 99. (Reserved for some special uses by the contracting parties) GENERAL RULES FOR INTERPRETATION OF THE HARMONISED SYSTEM The classification of goods in the Nomenclature for the classification of goods in customs tariffs shall be made according to 1. The enunciation of the titles of the sections, chapters or subchapters is considered as having only an indicative value, framing the commodity considering legally determined when it is consistent with the text of the positions and the notes of sections and of chapters and when they are not contrary to the terms used in those positions and notes, according to the following rules: 2. a) Any reference to an article from a determined position covers this article, whether or not incomplete or unfinished, provided that it presents, as such, the essential characteristics of the complete or finished article. This rule also applies to the full or finished article or considered as such, by virtue of the preceding provisions, when the article is presented disassembled or unmounted. b) any reference to a matter from a determined position relates to that matter either in a pure state or in a mixture or associated with other subjects. Also, any mention of products in a particular matter relates to products made up in whole or in part of this matter. The classification of these blended products or associated articles shall be made in accordance with the principles set out in Regulation 3. 3. When goods could be assigned to two or more positions, by application of rule 2 b), or in any other case, the framing is done as follows: a) the most specific position takes precedence over positions with a more general scope. However, where two or more positions each relate only to a part of the materials composing a mixed product or composite article, or to a part of the items of the goods presented in sets made for sale retail, these positions shall be considered, in relation to the product or article, equally specific, even if one of the positions gives a more accurate or complete description; b) mixed products, articles composed of different materials or constituted by the assembly of different articles and goods presented in sets for retail sale, the framing of which cannot be effected by application a), are classified according to the matter or article giving them the essential character, when it is possible to carry out this determination; c) if rules 3 a) and 3 b) do not allow the classification to be carried out, the goods shall fall to the position of the highest number of positions likely to be taken into account. 4. The goods which cannot be classified by virtue of the preceding rules fall within the position of the most similar articles. 5. In addition to the preceding provisions, the following rules shall apply to the goods specified below: a) boxes for photographic apparatus, for musical instruments, for weapons, for drawing instruments, jewelry boxes and the like, specially designed to contain a determined article or set, likely to have a use long and presented together with the articles to which they are intended, fall together with these articles when, normally, they sell together. However, this rule does not apply if the above articles give the assembly the essential character; b) subject to the provisions of Rule 5 a) above, packages containing goods fall by the latter when they belong to the category of those normally used for such goods. However, this provision shall not apply if the packaging is used repeatedly. 6. The failure of the goods in the subheadings of a position shall be carried out, legally, by observing the terms of those subheadings and the notes of subheadings, with which they are in the relationship and in compliance with the above rules, understanding by this that they do not can be compared only to subheadings on the same level. For the purposes of this rule, the corresponding sections and chapters shall be used, unless otherwise specified. ------------- Note * *) Translation.