Law No. 98 Of September 23, 1996

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

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LAW Nr.
98 of September 23, 1996 for Romania's accession to the International Convention on the Harmonized Commodity Description and Coding System, including its annex, signed in Brussels on 14 June 1983
Issued



PARLIAMENT Published


Official Gazette no. 234 of 27 September 1996

Romanian Parliament adopts this law.

Article 1


Romania accede to the International Convention on the Harmonized Commodity Description and Coding System, including its annex, signed in Brussels on 14 June 1983.

Article 2


On entry into force of this law shall be abrogated pt. I "Customs nomenclature" of Annex. 2 to Government Ordinance no. 26/1993, approved by Law no. 102/1994.
This law was passed by the Senate in its meeting of 12 March 1996 in compliance with art. 74 para. (2) of the Constitution.
P. SENATE Radu Vasile

This law was adopted by the Chamber of Deputies in the meeting of 3 September 1996, in compliance with art. 74 para. (2) of the Constitution.
Chamber of Deputies Adrian Nastase


International Convention on the Harmonized Commodity Description and Coding *)
concluded in Brussels on 14 June 1983 Preamble

Contracting Parties to this Convention, developed under the auspices of the Customs Cooperation Council,
in a bid to facilitate international trade,
in a bid to facilitate the collection, comparison and analysis of statistical data, especially those on international trade,
the desire to reduce costs driven by the need to assign the goods a new name, a new classification and new coding when in international trade they pass from one classification system to another, and the desire to facilitate the standardization of documents commercial, as well as data transmission,
considering that the evolution of techniques and structures of international trade involves important changes in the Convention on nomenclature for the classification of goods in customs tariffs, signed in Brussels on 15 December 1950
considering also that the degree of detail required for pricing and statistical governments and commercial circles, currently far exceeds that provided by the nomenclature annexed to the said Convention above
considering that it is important to have accurate and comparable data in purposes of international trade negotiations
considering that the harmonized system is intended to be used for setting tariffs and statistics for the various modes of goods
considering that the harmonized system is intended to be incorporated as much as possible, in electronic trading Description and coding
considering that the harmonized system is intended to favor the establishment of a closer correlation between the statistics as import and export trade, on the one hand, and production statistics, on the other hand,
considering that must be maintained a strong correlation between the harmonized system and the Standard International trade Classification (CTCI) United Nations
considers it appropriate to meet the above requirements through a combined tariff and statistical nomenclature which can be used by different participants in international trade
considers it important to ensure updating of the harmonized System in the development of technology and international trade structures,
considering the work already done in this Committee harmonized system set up by the Customs Cooperation Council,
considering that, when the Convention on nomenclature, mentioned above, has proven to be an effective tool in achieving some of these objectives, the best way to achieve results want be to conclude a new international convention, agreed the following
:

Article 1



Definitions In this Convention, means:

A) Harmonized System Description and Coding System, hereinafter, the Harmonised System: Nomenclature comprising the headings and subheadings and related numerical codes, notes sections, chapters and subheadings, and the general rules of interpretation System harmonized


Contained in the Appendix;

B) tariff nomenclature: nomenclature established under the laws of the Contracting Party for the collection of customs duties on imports;



C) statistical nomenclatures: nomenclatures goods developed by the contract for the collection of trade statistics required for the import and export;


D) combined tariff and statistical nomenclature: Nomenclature integrates a tariff nomenclature and statistical nomenclatures, legally required by a Contracting Party to declare the import goods;


E) Convention on the establishment of the Council: Convention establishing a Customs Cooperation Council, signed in Brussels on 15 December 1950;


F) Council: Customs Cooperation Council referred to in subparagraph e);


G) Secretary General: Secretary General;


H) ratification: ratification, acceptance or approval.


Article 2



Appendix Appendix to this Convention shall be an integral part thereof and any reference to this Convention shall apply also to this Annex.

Article 3


1
obligations of the contracting parties. Subject to the exceptions referred to art. 4:
Each Party undertakes, except where the provisions of subparagraph c) of this paragraph as of the date on which the Convention enters into force, in part, its customs tariff and statistical nomenclatures are in conformity with the system harmonized. It undertakes, therefore, when drafting its customs tariff and statistical nomenclatures:
1. to use all the headings and subheadings of the Harmonized System without addition or modification, together with related numerical codes;
2. to apply the general rules for interpreting the Harmonized System and all notes sections, chapters and subheadings and not to modify the scope of these sections, chapters, headings or subheadings of the Harmonized System;
March. respect the sequence of the Harmonized System.

B) Each Contracting Party shall also make available to the public its statistics of import and export trade, according to the six-digit code of the Harmonized System, or, on the initiative of the Contracting Party, beyond that level, to the extent that this publication is not precluded for exceptional reasons such as commercial confidentiality of information or national security.


C) Nothing in this Article shall not oblige Contracting Parties to use the subheadings of the Harmonized System of tariff nomenclature, provided that it conforms in their tariff nomenclature and statistics combined, the provisions of subparagraphs a) 1, a) 2 ., and a) 3 above.


2. According to the commitments in paragraph 1 sub-paragraph a) of this article, each Contracting Party may make those adaptations required text for the HS to become operative in relation to its national law.
March. Nothing in this Article shall prevent the contracting parties to establish the nomenclatures their tariff or statistical subdivisions classifying goods beyond the Harmonized System, provided that such subdivisions are added and coded out numeric code six figures in Annex to this Convention.

Article 4


Partial implementation by developing countries
1. Any developing country, Contracting Party may delay application of some or all of the subheadings of the Harmonized System as long as necessary, taking into account their structure in international trade or its administrative capacities.
2. Any country developing contracting party, opting for partial application of the Harmonized System under the provisions of this article shall undertake to make every effort to implement the entire system harmonized with six digits in a period of 5 years from the date this Convention enters into force for it, or at any other time it deems necessary, taking into account the provisions of paragraph 1 of this Article.

March. Any country developing contracting party, opting for partial application of the Harmonized System pursuant to this Article, apply either all or none of subheadings marked with two dashes, belonging to an subheadings marked with an indent, or all, or any of subheadings marked with a line belonging to a position. In such cases of partial application, the sixth digit or the fifth and sixth figures, which correspond to the part of the Harmonized System code not applied shall be replaced by 0 or, respectively, 00.
4. Any country developing opting for partial application of the Harmonized System under the provisions of this article, when it becomes a Contracting Party notify the Secretary General subheadings that they will apply from the date on which the Convention enters into force, as for its part, subheadings and that it will apply later.
May. Any country developing opting for partial application of the Harmonized System under the provisions of this article, when it becomes a Contracting Party may notify the Secretary General that it formally commit to apply the entire Harmonized System six figures within 3 years the entry into force of the Convention in respect to it.
June. Any developing country Contracting Party which partially applies the Harmonized System under the provisions of this Article shall be relieved of obligations under art. 3 in respect of which it subheadings do not.

Article 5


Technical assistance for developing countries Developed countries
contracting parties, grant developing countries, at their request, technical assistance, on mutually agreed terms, especially for training of personnel, transposing their nomenclatures HS existing and assistance to upgrade their systems so transposed, taking into account the amendments to the Harmonised system and for the implementation of this Convention.

Article 6


1
Harmonized System Committee. Be established under this Convention, a committee called the Harmonised System Committee, composed of representatives of each Contracting Party.
2. Harmonized System Committee meets, usually at least twice a year.
March. Its meetings shall be convened by the Secretary-General and, if parties would not decide otherwise, shall be held at the Council.
4. In the Harmonized System Committee each Contracting Party shall have one vote; However, in terms of this Convention and without prejudice to any agreement that would end in the future when a customs or economic union, and when one or more of its Member States are Contracting Parties such Contracting Parties together they have the right to one vote. Similarly, when all members of a customs union or economic conditions, which may become a Contracting Party under Art. 11 sub b) become Contracting Parties, these have the right to one vote.
May. Harmonized System Committee shall elect a chairman and one or more vice-chairmen.
June. Rules shall be determined by resolution adopted by a majority of two thirds of the votes cast by its members. This regulation is subject to Board approval.
July. Harmonized System Committee invites, if deemed necessary, intergovernmental or other international organizations to participate in its work as observers.
August. Harmonized System Committee creates, if necessary, subcommittees or working groups, taking into account in particular the provisions of paragraph 1 sub-paragraph a) of article. 7 and sets the component relating to voting rights and Rules of Procedure thereof.

Article 7


1
Functions of the Committee. Harmonized System Committee exercise, taking into account the provisions of art. 8 following functions:

A) to propose such amendments to this Convention, which it deems desirable, taking into account in particular the needs of users or development of technology and international trade structures;


B) compile notes, classification opinions and other advice on interpretation of the Harmonized System;


C) make recommendations to ensure a uniform interpretation and application of the Harmonized System;


D) collect and disseminate any information on the implementation of the Harmonized System;



E) provides, ex officio or upon request, the Contracting Parties members of the Council, as well as intergovernmental organizations and other international organizations as the Committee deems appropriate information or guidance on any matters concerning the classification of goods in the Harmonized System;


F) present at each session of the Council, reports on its activities, including proposed amendments, explanatory notes, classification opinions and other advice;


G) exercise regarding the Harmonized System, any other duties or functions which the Council or the Contracting Parties may deem necessary.


2. Administrative decisions of the Harmonized System Committee having budgetary implications are subject to Board approval.

Article 8



Role of the Council in January. The Council shall examine proposals for amendments to this Convention, prepared by the Harmonized System Committee, and recommend them to the Contracting Parties under the procedure of art. 16, unless a member of the Council, which is a Party to this Convention does not require that all or some of the proposals due to be returned to the Committee for further study.
2. The Explanatory Notes, Classification Opinions, other advice on the interpretation of the Harmonized System and recommendations to ensuring the uniform interpretation and application of the Harmonized System, made during a session of the Harmonized System Committee under paragraph 1 of article. 7 shall be considered as approved by the Council, if before the end of the second month following that in which this session has ended, none of the Contracting Parties to this Convention has notified the Secretary General that requires the question to be be subject to the Council.
March. When the Council is seized of a matter under paragraph 2 of this article, he approved these Explanatory Notes, Classification Opinions other advice or recommendations, unless a member of the Council, which is a Party to this Convention does not require that all or some of those proposals to be returned to the Committee for further study.

Article 9



Level customs duties Contracting Parties assume by this Convention any obligation regarding the duties.

Article 10

Dispute

1. Any dispute between the Contracting Parties concerning the interpretation or application of this Convention shall be resolved as much as possible through direct negotiations between the parties concerned.
2. Any dispute has not been resolved in this manner is presented by the parties in dispute, the Harmonized System Committee which shall examine it and make recommendations for its regulation.
March. If the Harmonized System Committee is unable to settle the dispute, he presents Council, which makes recommendations pursuant to art. III lit. e) of the Convention for the establishment of the Council.
4. Parties in dispute may agree in advance to accept the recommendations of the Committee or the Council.

Article 11


Conditions
to become a Contracting Party may become Contracting Parties to this Convention:

A) Member States of the Council;


B) customs or economic unions, which were transferred competence to conclude treaties on some or all issues that fall under this Convention; and


C) any other state which the secretary general addressed an invitation to that end in accordance with the Council's instructions.


Article 12


Procedure needed to become a Contracting Party
1. Any State or Customs or Economic Union which fulfills the requirements, may become a Contracting Party to this Convention:

A) signature without reservation as to ratification;


B) by depositing an instrument of ratification after signing the Convention subject to ratification; or


C) accession, after the Convention has ceased to be open for signature.


2. This Convention is open for signature by Member States and customs or economic unions, provided for in art. 11, Council headquarters in Brussels until 31 December 1986. Thereafter, the Convention shall be open for accession.
March. Instruments of ratification or accession shall be deposited with the Secretary General.

Article 13


Entry into force

1. This Convention shall enter into force on the first January 1 after a period of at least 12 months but not more than 24 months from the date on which 17 countries or customs or economic unions, provided for in art. 11 above have signed it without reservation as to 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 which signed the Convention without reservation as to ratification, ratifying or acceding to it after the minimum number required under paragraph 1 of this Article has been reached, this Convention shall enter into force on the first 1st January after a period of at least 12 months but not more than 24 months, this time ◄la State or customs or economic union signed without reservation of ratification or deposited its instrument of ratification or accession, unless states an earlier date. However the effective date as specified in this subparagraph may not be before the entry into force under paragraph 1 of this Article.

Article 14

Application by dependent territories

1. Any State may, at the date on which it becomes a Contracting Party to this Convention or at a later date, notify the Secretary General that this Convention shall extend to all or any of the territories whose international relations are under its responsibility and referred in the notification. This notification shall take effect on January 1 after a period of at least 12 months but not more than 24 months from the date on which the Secretary General receives, only if notification is not specified an earlier date. However this Convention shall become applicable to such territories before it enters into force for that State.
2. This Convention shall cease to be applicable in a territory, after the international relations of that territory no longer under the responsibility of the Contracting Party or at an earlier date notified to the Secretary General, according to Art. 15.

Article 15



Denunciation This Convention is concluded for an unlimited duration. However any Contracting Party may denounce it and the denunciation takes effect one year after receipt by the Secretary General of the instrument of denunciation, only if it is not specified a later date.

Article 16



AMENDMENT 1. The Council may recommend amendments Contracting Parties to this Convention.
2. Any Contracting Party may notify the Secretary General that an objection to a recommended amendment and may subsequently withdraw such objection within the period specified in paragraph 3 of this Article.
March. Any recommended amendment is considered accepted on the expiry of six months from the date on which the Secretary General notified the amendment, provided that, by that deadline, that there is no objection.
4. Accepted amendments shall enter into force for all Contracting Parties on one of the following:

A) where the recommended amendment is notified before 1 April, the effective date will be 1 January of the second year following the date of such notification; or


B) where the recommended amendment is notified on or after April 1, the effective date will be 1 January of the third year following the date of such notification.


May. Statistical nomenclatures of each Contracting Party and its tariff nomenclature or, in the case referred to in paragraph 1 subparagraph c) of article. 3 tariff and statistical nomenclature has combined must be made in accordance with the amended Harmonized System on the date referred to in paragraph 4 of this article.
June. Any State or customs or economic union that signed the Convention without reservation as to ratification, ratifying or acceding to it, is deemed to have accepted all the amendments which, at the time when this state or union became a contracting party, came into force or which have been accepted in accordance with paragraph 3 of this article.

Article 17


Rights of contracting parties to the HS
On matters relating to the Harmonized System, paragraph 4 of art. 6 art. 8 and paragraph 2 of art. 16 gives each contracting party rights:

A) in respect of all parts of the Harmonized System which it applies under the provisions of this Convention; or



B) until the date on which the Convention enters into force, in part, according to Art. 13 and as regards all parts of the Harmonized System which it is obligated to apply at that date under the provisions of this Convention; or


C) in respect of all parts of the Harmonized System, provided that the Contracting Party to be formally employed as a harmonized coding system applied full six digit within 3 years provided in paragraph 5 of art. 4 and up to the deadline.


Article 18

Reservations

There can be no reservation to this Convention.

Article 19



Notices of the Secretary General Secretary General shall notify the Contracting Parties, other signatory States, Member States of the Council that are not Contracting Parties to this Convention, and the Secretary General of the United Nations:

A) notifications received under art. 4;


B) signatures, ratifications and accessions referred to in art. 12;


C) the date on which the Convention enters into force, according to art. 13;


D) notifications received under art. 14;


E) denunciations received under art. 15;


F) amendments to the Convention recommended under Article. 16;


G) objections to amendments recommended as art. 16 and their possible withdrawal;


H) amendments accepted as art. 16 and their entry into force.


Article 20



According to the United Nations Registration art. 102 of the Charter of United Nations, this Convention is registered with the United Nations Secretariat, at the request of the Secretary General.
WHEREOF, the undersigned, duly authorized, have signed this Convention.
Done at Brussels on 14 June 1983 in French and English languages, both texts being equally authentic, in a single original which shall be submitted to the Secretary General, who shall transmit certified copies to all States and customs or economic unions referred to in art. 11.

Annex 1


Harmonized system nomenclature

CONTENTS General rules for the interpretation of the Harmonized System



Section I Live animals and animal products Notes section


---------------- 1. Live
2. Meat and edible offal
March. Fish and crustaceans, molluscs and other aquatic invertebrates
4. Milk and milk products; eggs of birds; natural honey; edible products of animal origin, not specified or included elsewhere in
May. Other products of animal origin, not specified or included elsewhere in



Section II Vegetable products Notes section


---------------- June. Flowers and horticultural products
July. Vegetables, roots and tubers
August. Edible fruit; peel of citrus fruit or melons
September. Coffee, tea, mate and spices
10. Grain
11. Products of the milling industry; malt, starches; inulin; wheat gluten
12. Oilseeds; seeds and fruit; industrial or medicinal plants; straw and fodder
13. Gums, resins and other vegetable saps and extracts
14. Plaiting materials and other vegetable products, not specified or included elsewhere in



Section III of fats and oils of animal or vegetable origin;
their cleavage products; edible fats; animal or vegetable waxes 15
. Fats and oils of animal or vegetable origin; their cleavage products; edible fats; animal or vegetable waxes



Section IV Prepared foodstuffs; beverages, spirits and vinegar; tobacco and manufactured tobacco substitutes ----------------


notes section 16. Meat, fish or crustaceans, molluscs or other aquatic invertebrates
17. Sugars and sugar confectionery
18. Cocoa and cocoa preparations
19. Preparations of cereals, flour, starch, starch or milk; 20
pastries. Preparations of vegetables, fruit, nuts or other parts of plants
21.
22 different food preparations. Beverages, spirits and vinegar
23. Residues and waste from food industries; prepared animal
24. Tobacco and tobacco substitutes, processed

Section V


25 Mineral products. Salt; sulfur; earths and stone; plaster;
lime and cement 26. Ores, slag and ash

27. Mineral fuels, mineral oils and products of their distillation; bituminous materials; mineral wax



Section VI Products of the chemical or allied industries Notes section


---------------- 28. Inorganic chemicals; organic or inorganic compounds of precious metals, radioactive elements, or isotopes of rare earth
29.
30 organic chemicals. 31
pharmaceuticals. 32
fertilizers. Tanning or dyeing extracts; tannins and their derivatives; pigments and other coloring matter; paints and varnishes; mastics; 33
inks. Essential oils and resinoids; perfumes and toilet preparations, and cosmetic
34. Soaps, organic surface agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, scouring preparations, candles and similar articles, modeling pastes, dental waxes and dental preparations based on plaster
35 . Albuminoidal substances; products based on modified starches, glues, enzymes
36. Explosives; pyrotechnics; matches; pyrophoric alloys; 37
flammable materials.
38 or photographic products. Miscellaneous chemical products



Section VII Plastics and articles thereof; rubber and rubber articles


---------------- Notes section
39. Plastics and articles thereof
40. Rubber and rubber



Section VIII Raw hides, skins, fur and articles thereof;
articles saddlery and harness; travel goods, hand bags and articles of similar
; articles made of animal gut
41.
Tanned hides and skins 42. Leather goods; saddlery and harness; travel goods, bags and similar products; products of gut
43. Fur skins and articles; artificial fur



Section IX Wood charcoal and articles of wood; cork and cork works;
Works from vegetable fiber weaving or basketry
44. Wood, charcoal and wood articles
45. Cork and articles of cork 46
. Products from plant fibers woven wicker or

Section X
paste
wood or other fibrous cellulosic material;
waste and scrap of paper or cardboard; paper and articles of paper
47. Wood pulp or other fibrous cellulosic material;
waste and scrap of paper or cardboard
48. Paper and paperboard; articles of paper pulp, of paper or paperboard
49. Goods publishing, media or other graphics industries; manuscripts, typescripts and plans



Section XI Textiles and articles thereof Notes section


--------------- 50. 51
silk. Lina, fine or coarse animal hair; yarn and woven horsehair
52. Cotton
53. Other vegetable textile fibers; paper yarn and woven fabrics of paper
54.
55 filaments.
Staple fibers 56. Wadding, felt (felt) and nonwovens; special yarns; twine, cordage, ropes, ropes;
57 articles thereof. Carpets and other textile floor coverings 58
. Special fabrics; terry fabrics; lace; tapestries, trimmings; 59
embroidery. Fabrics impregnated, oiled, covered or laminated;
articles of textile materials 60. Knitted or crocheted 61
. Articles and clothing accessories, knitted or crocheted 62
. Articles of apparel and clothing accessories, not knitted or crocheted 63
. Other made up textile articles; sets, worn clothing; rags



Section XII Footwear, headgear, umbrellas, sun umbrellas,
sticks, whips, riding crops and parts thereof;
feathers and flakes dressed and articles thereof; artificial flowers;
64 articles of human hair. Footwear, gaiters and the like, parts thereof
65. Headgear and parts thereof
66. Umbrellas, sun umbrellas, parasols and walking sticks, whips, riding crops and parts thereof
67. Feathers and down, dressed, and articles made of feathers or down; artificial flowers; articles of human hair



Section XIII Articles of stone, plaster, cement, asbestos, mica or similar materials;
Ceramics; glass and glassware 68
. Articles of stone, plaster, cement, asbestos, mica or similar materials
69. Ceramics
70. Glass and glassware


Section XIV

Pearls, natural or cultured pearls, precious or semiprecious stones, precious metals
, metals clad with precious metal and articles
them; imitation jewelery;
71 coins. Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal and articles thereof; imitation jewelery; Coins



Section XV Base metals and articles of base metal Notes section


---------------- 72. Iron and steel
73. Products of iron or steel
74. Copper and copper articles
75.
Nickel and articles thereof 76. Aluminium and aluminum articles
77. (Reserved for possible future use in the Harmonized System)
78. Lead and articles thereof
79. Zinc and articles thereof
80. Tin (tin) and articles thereof
81. Other base metals; cermets;
82 articles thereof. Tools, cutlery (knives, spoons, forks), of base metal; parts thereof, of base metal
83. Miscellaneous articles of base metal



Section XVI Machinery and mechanical appliances, electrical equipment and parts thereof;
appliances recorders and reproducers, recorders and reproducers television image and sound
and parts and accessories of such Notes section
----------
------
84. Nuclear reactors, water heaters, machinery and mechanical appliances;
85 parts thereof. Machinery and electrical equipment and parts thereof; sound recorders and reproducers, sound recorders and reproducers, television image and sound, and parts and accessories of such



Section XVII Vehicles ----------------


notes section 86. Vehicles and similar equipment for railways and parts thereof; mechanical (including electromechanical) signaling traffic for 87
. Vehicles, tractors, two or three-wheel vehicles and other road vehicles, parts and accessories thereof
88. 89
air navigation or space. Maritime or inland navigation



Section XVIII Optical, photographic, cinematographic, measuring, control, precision
; clocks and watches;
Clocks; musical instruments; parts and accessories thereof
90. Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof
91.
92 clocks. Musical instruments; parts and accessories for musical instruments



Section XIX Arms and ammunition; parts and accessories thereof
93. Arms and ammunition, parts and accessories thereof


Section XX Miscellaneous manufactured

94. Furniture; stuffed furnishings; Bedding and the like; lighting apparatus, not specified or included elsewhere; Business lamps and neon signs, lights and the like;
95 prefabricated buildings. Toys, games, entertainment or sports; parts and accessories thereof
96. Miscellaneous articles of

Section XXI Works of art, antiques and collectors'
97. Works of art, antiques and collectors'
98. (Reserved for special uses some of the contracting parties)
99. (Reserved for special uses some of the contracting parties) GENERAL RULES FOR INTERPRETATION

HARMONIZED SYSTEM Classification of goods in the nomenclature for classification of goods in customs tariffs is made according to the following principles:
1. The titles of sections, chapters and subchapters is considered to have merely indicative value, classification of goods considers itself legally determined when it is in accordance with the headings and the notes to the sections and chapters, and when not otherwise require those positions and notes the following rules:
2. a) Any reference to an article from a determined position covers this item, even incomplete or unfinished, provided that he present as such, the essential characteristics of complete or finished article. This rule applies to the full article or finished or treated as such by virtue of the foregoing, when the article is presented disassembled or unmounted.


B) any reference to a matter from a position determined relates to the matter either in pure form or mixed or associated with other materials. Also, any reference to goods of a given material are products made wholly or partly of this matter. Framing these mixed or associated articles is done according to the principles of the rule 3.


March. Where goods may be assigned to two or more positions by application of rule 2 b), or in any other case, the classification is as follows:

A) the specific position overrides headings providing a more general description. However, when two or more headings each refer to only some of the materials that make up a mixed product or a composite article, or part of the articles goods put up in sets for retail sale, these positions are considered, in relation to those goods, as specific, even if one of them gives a more accurate or complete;


B) mixed products Articles made of different materials or made up of different components and goods put in sets for retail sale, whose employment can not be done by reference to 3 a), are classified as material or which gives them their essential character, when possible this criterion;


C) where the rules 3) and 3 b) do not permit classification of merchandise under heading with the highest number of positions likely to be considered.


4. Goods which can not be classified under the previous rules fall under their parent articles most similar.
May. In addition to the foregoing provisions, the goods specified below, the following rules apply:

A) boxes for cameras, musical instruments, weapons, tools for drawing, jewelery boxes and the like, specially designed to contain a determined article or set, likely to have long-term use and presented with Articles which they are intended, fall therewith when, normally, are sold together. However this rule does not apply if the above articles give the whole its essential character;


B) subject to the provisions of Rule 5 a) above, packages containing goods fall when the latter belong to the category of those normally used for such goods. However, this provision does not apply if the packages are used repeatedly, necessarily.


June. The classification of goods in the subheadings of a position is carried out legally, by the terms of those subheadings and notes subheadings, which is the relationship and the rules above, meaning by this that can not be compared only subheadings pending the same level. For the purposes of this rule, the notes and the corresponding sections and chapters, unless they provide otherwise.

-------------
Note


*) Translation.