0.632.11 original text the system international harmonized designation and codification of goods concluded at Brussels on 14 June 1983, approved by the Federal Assembly on June 10, 1986, Instrument of ratification deposited by the Switzerland on 22 September 1987 entry into force for the Switzerland on 1 January 1988 (Status January 27, 2016) preamble the Contracting Parties to this Convention developed under the auspices of the customs co-operation Council, wishing to facilitate trade international, wishing to facilitate the collection, the comparison and the analysis of statistics, in particular those of international trade, who want to reduce the costs involved the need to give the goods a new designation, a new classification and a new code when, in international trade, they move from a system of classification to another , and to facilitate the standardization of documents as well as the transmission of data, whereas the evolution of techniques and structures of international trade makes it required significant changes to the Convention on Nomenclature for the classification of goods in customs tariffs made in Brussels on 15 December 1950, considering also that the degree of detail required for tariff and statistics by Governments and the business community now exceeds by far the one that offers the Nomenclature annexed to the aforementioned Convention, considering that it is important to have, for the purposes of international trade negotiations, of accurate and comparable data, considering that the harmonized system is intended to be used for pricing and statistics relating to the various modes of transport of goods, considering that the harmonized system is intended to be incorporated, to the extent possible, in the commercial designation and codification of goods systems , considering that the harmonized system is intended to promote the establishment of a correlation as close as possible between the import trade statistics and export, on the one hand, and production statistics, on the other hand, considering that a close correlation should be maintained between the harmonized system and the Classification Type for International Trade (SITC) of the United Nations, whereas the needs mentioned above through a tariff and statistics nomenclature combination that can be used by the various stakeholders in international trade, whereas it is important to ensure the updating of the harmonized system based on the evolution of techniques and structures of international trade, considering the work already accomplished in this area by the Committee of the harmonised system established by the customs co-operation Council, considering that, if the abovementioned Nomenclature Convention has proved to be an effective instrument to achieve a number of objectives , the best way to achieve the desired results is to conclude a new international convention, have agreed to the following: RO 1960 311. This Conv. has been denounced by the Switzerland with effect at Dec. 31. 1988 (1988 1299 RO).
Art. 1 definitions for the purposes of this Convention are: a) by system harmonized designation and codification of goods, hereinafter referred to as the harmonized system: nomenclature including the positions and subheadings and numeric codes y, notes of sections, chapters and subheadings as well as the General rules for the interpretation of the harmonized system, contained in the annex to this Convention; b) by tariff nomenclature ((: a nomenclature established under the legislation of the Contracting Party for the collection of duties on importation; c) by statistical nomenclatures: nomenclatures of goods prepared by the contracting party to collect the data used for the compilation of statistics of the trade of import and export, d) by tariff and statistics nomenclature combined: a combined nomenclature including the tariff nomenclature and statistics and legally prescribed schedules by the Contracting Party for the purposes of the declaration of goods for import (, (e) by Convention establishing the Council: the Convention establishing a customs cooperation made in Brussels on 15 December 1950 Council; f) by Council: customs cooperation Council referred to the by. ((e) above; g) by Secretary-General: the Secretary-General of the Council; h) by ratification: the actual ratification, acceptance or approval.
SR 0.631.121.2 art. 2 annex the annex to the present Convention is an integral part of it and any reference to this Convention applies also to this annex.
Art. 3 obligations of the Contracting Parties 1. Subject to the exceptions referred to in art. 4: a) each Contracting Party undertakes, except the provisions of para. (c) of this paragraph, that from the date on which this Convention comes into force in its respect, its tariff and statistical nomenclatures are in line with the harmonized system. She is therefore, committed to the establishment of its tariff and statistical nomenclatures: 1) to use all the positions and subheadings of the harmonized system without addition or modification, as well as numeric codes is associated; 2) to apply the General rules for the interpretation of the harmonized system and all the notes in sections, chapters and subheadings and not to change the scope of the sections (, the chapters, positions or subheadings of the harmonized; 3 system) to follow the order of numbering of the harmonized system, b) each Contracting Party is also available to the public its trade statistics for import and export in accordance with the code to six digits of the harmonized system, or on the initiative of that Contracting Party, beyond that level, insofar as this publication is not excluded for exceptional reasons such as those relating to the confidentiality of the information commercial or national security; c) Nothing in this article requires Contracting Parties to use the subheadings of the harmonized system in their tariff, provided you comply in their tariff and statistics nomenclature nomenclature combined with the obligations referred in a) 1), has)) 2 and (a)) 3 above.
2. in accordance with the commitments referred to the by. 1 (a) of this section, each bet contracting can bring the text adaptations that would be required to give effect to the harmonized under its national legislation system.
3. no provision of this article prohibits Contracting Parties to create, within their nomenclatures tariff or statistical subdivisions for the classification of the goods at a level beyond that of the harmonized system, provided that such subdivisions are added and coded at a level beyond that of the six digit code appearing in the annex to this Convention.
Art. 4 partial implementation by the developing countries 1. Any developing Contracting Party may defer the application of part or all of the subheadings of the harmonized system during the period which might be necessary in view of the structure of its international trade or its administrative capacity.
2 any developing country Contracting Party that opts for a partial application of the harmonized system in accordance with the provisions of this section undertakes to make every effort to apply the harmonized system full six digit in the five years following the date on which this Convention comes into force in its respect or any period he may deem necessary in light of the provisions of the by. 1 of the present article.
3 any developing country Contracting Party that opts for a partial application of the harmonized system in accordance with the provisions of this article apply all subheadings to two dashes to a subheading to a dash or no, either all the subheadings to a dash of a position or none. In such cases of partial application, the sixth digit or fifth and sixth figures corresponding to the part of the harmonized system code which is not applied shall be replaced by '0' or '00' respectively.
4 any developing country that opts for a partial application of the harmonized system in accordance with the provisions of this article shall notify the Secretary general, by becoming a Contracting Party, the subheadings which it will not apply to the date on which this Convention will enter into force in its respect and will notify also the subheadings which he later applied.
5. any developing country which opts for a partial application of the harmonized system in accordance with the provisions of this article may notify to the Secretary-General, by becoming a Contracting Party, that it formally undertakes to apply full HS six-digit in the three years following the date on which this Convention comes into force in its respect.
6 any developing country Contracting Party which partially applies the harmonized system in accordance with the provisions of this section is released from the obligations of art. 3 regarding the subheadings does not apply.
Art. 5 technical assistance to developing countries in developed country Contracting Parties provide to developing countries who demand technical assistance according to procedures agreed upon by mutual agreement, including the training of personnel, for the transposition of their current in the Harmonized System nomenclature and advice on measures to be taken to maintain their transposed systems in the light of the amendments to the harmonized system, as well as on the application of the provisions of this Convention.
Art. 6 Committee of the harmonized system 1. It is established, in accordance with this Convention, a Committee referred to as the Harmonized System Committee, composed of representatives of each Contracting Party.
2. the Harmonized System Committee meets as a rule at least twice a year.
3. meetings shall be convened by the Secretary-General and unless otherwise agreed by the Contracting Parties, are held at the seat of the Council.
4 in the Harmonized System Committee, each Contracting Party is entitled to a voice, however, for the purposes of the present Convention and without prejudice to any agreement that would be reached in the future, when a Customs Union or economic as well as one or more of its States members are Parties, these Contracting Parties issue together that a single vote. Similarly, when all Member States of a customs or economic Union which can become a Contracting Party to the terms of the provisions of art. 11 (b) become Contracting Parties, they emit together as a single vote.
5. the Harmonized System Committee shall elect its President and one or more Vice-presidents.
6. it establishes its rules of procedure by a decision taken by a majority of two-thirds of the votes attributed to its members. This regulation is subject to the approval of the Council.
7. He invites, if he considers it useful, intergovernmental organizations and other international organizations to participate in its work as observers.
8. it creates, if necessary, subcommittees or working groups, especially in view of the provisions of the by. 1 (a) art. 7, and determines the composition, voting rights and the rules of procedure of these bodies.
Art. 7 functions of the Committee 1. The Harmonized System Committee exercises, taking into account the provisions of art. 8, the following functions: a) it offers any draft amendment to the present Convention considers desirable in view of the needs of users and of the evolution of techniques or the structures of international trade; b) he wrote explanatory notes, classification opinions and other advice for the interpretation of the harmonized system; c) it makes recommendations in order to ensure uniform harmonised system interpretation and application (((, d) it gathers and disseminates all information related to the application of the system of harmonized; e) it provides, either ex officio or on request, information or advice on all issues related to the classification of goods in the harmonized system to Contracting Parties, to the Member States of the Council as well as to intergovernmental and other international organizations that the Committee considers appropriate; f) it provides to each session of the Commission reports on its activities (, including proposals for amendment, explanatory notes, classification opinions and other advice; g) exercising, in respect of the harmonized system, all other powers or functions that the Council or the Contracting Parties may find it useful.
2. the administrative decisions of the Harmonized System Committee which have budgetary implications are subject to the approval of the Council.
Art. 8 role of the Council 1. The Board reviews the proposals of amendment to the Convention developed by the Harmonized System Committee and recommend them to the Contracting Parties in accordance with the procedure of art. 16, unless that one Member State of the Council which is a Contracting Party to this Convention requests that all or part of the proposals in question be referred to the Committee for reconsideration.
2. the explanatory notes, classification opinions, other advice pertaining to the interpretation of the harmonized system and recommendations to ensure an interpretation and an application of the uniform of the harmonized system which were written during a session of the Committee of the HS in accordance with the provisions of the by. 1 of art. 7, shall be approved by the Council if, before the end of the second month following that in which this session was closed, no Contracting Party to this Convention has not notified the Secretary-General that she asked that the question be referred to the Council.
3. where the Council is seized of a matter in accordance with the provisions of the by. 2 of the present article, approve such explanatory notes, classification opinions, other advice or recommendations, unless a Member State of the Council which is a party to this Convention requests to return them in full or in part before the Committee for reconsideration.
Art. 9 the Contracting Parties customs duties rates do, by this Convention, no commitment with regard to the rate of customs duties.
Art. 10 settlement of disputes 1. Any dispute between Contracting Parties concerning the interpretation or application of this Convention is set, as much as possible, through direct negotiations between those Parties.
2. any dispute which is not so settled is carried by the Parties to the dispute before the Committee of the harmonized system which reviews it and makes recommendations for its settlement.
3. If the Committee of the harmonized system cannot settle the dispute, he wears the Council which makes recommendations in accordance with art. E (III) of the Convention establishing the Council.
4. the Parties to the dispute may agree in advance to accept the recommendations of the Committee or the Council.
Art. 11 requirements to become part contracting Peuvent become Contracting Parties to this Convention: a) the States members of the Council; b) customs or economic Unions to which competence has been transferred to enter into treaties in respect of some or all matters governed by this Convention; etc) any other State to which the Secretary-General addressed an invitation to that end in accordance with the instructions of the Council.
Art. 12 procedure to become a Contracting Party 1. Any State or customs or economic Union eligible may become a Contracting Party to this Convention: a) by her signing without reservation of ratification; b) by depositing an instrument of ratification after having signed it subject to ratification; OUC) by acceding to it after that the Convention has ceased to be open for signature.
2. the present Convention is open until 31 December 1986 at the headquarters of the Council, in Brussels, for signature of States and of the Customs Unions or economic referred to in art. 11. After this date, it will be open to their membership.
3. the instruments of ratification or accession are deposited with the Secretary-General.
Art. 13 entry into force 1. The present Convention comes into force on 1 January immediately following after three months at least the date on which a minimum of 17 States or Customs Unions or economic referred to in art. 11 above have signed it without reservation of ratification or have deposited their instruments of ratification or accession, but not before January 1, 1988.
2 with respect to any State or customs or economic Union signing this Convention without reservation of ratification, which ratify or adhere after the minimum number required in the by. 1 of the present article has been reached, this Convention comes into force on January 1 following within a period of at least twelve months and twenty-four months of the date on which, without specifying an earlier date, this State or customs or economic Union signing without reservation of ratification or deposited its instrument of ratification or accession. However, the date of entry into force under the provisions of this paragraph cannot be earlier than expected to the by. 1 of the present article.
New content according to art. 1 the prot. Amendment of June 24, 1986, in force for Switzerland since Jan. 1. 1988 (1987 2699 RO).
Art. 14 application by dependent territories 1. Any State may, either when becoming Contracting Party to this Convention, or at a later time, notify the Secretary general that this Convention extends to all or some of the territories whose international relations are under its responsibility and which are referred to in the notification. This notification shall take effect on 1 January following within a period of at least twelve months and twenty-four months the date on which the Secretary-General receives notification on, unless an earlier date is specified. However, this Convention may become applicable to those territories before its entry into force for the State concerned.
2. the present agreement ceases to be applicable to the territory on the date on which the international relations of that territory are more placed under the responsibility of the Contracting Party or at any earlier date notified to the Secretary-General in accordance with art. 15 art. 15 denunciation this Convention is concluded for an unlimited period. However, any Contracting Party may report it and the denunciation shall take effect one year after receipt of the instrument of denunciation by the Secretary-General, unless a later date is specified.
Art. 16 amendment procedure 1. The Council may recommend to the Contracting Parties of amendments to the present Convention.
2 any Contracting Party may notify the Secretary-General that it formulates an objection against a recommended amendment and can later raise this objection within the specific time limit in the by. 3 of this article.
3. any recommended amendment is deemed accepted on the expiry of a period of six months from the date on which the Secretary-General notified the said amendment provided that at the end of this period there is no objection.
4. accepted amendments come into force for all Contracting Parties on one of the following dates: was) where the recommended amendment is notified before 1 April, the 1 January of the second year following the date of this notification, forgotten the source) where the recommended amendment is notified on 1 April or later, on 1 January of the third year following the date of this notification.
5A the target date to the by. 4 of this article, statistical nomenclatures of each Contracting Party and its tariff nomenclature or, in the case provided for in the by. 1 (c) of art. 3 its tariff and statistics nomenclature combined, must be brought into line with the amended harmonized system.
6. any State or customs or economic Union which sign this Convention without reservation of ratification, which ratify or adhere to which is deemed to have agreed to the amendments which, on the date on which that State or this Union became Contracting Party, have entered into force or have been accepted in accordance with the provisions of the by. 3 of this article.
Art. 17 rights of the Contracting Parties to the harmonized system concerning issues related to the harmonized system, the by. 4 of art. 6, art. 8 and the by. 2 of art. 16 give each Contracting Party the rights: has) with respect to all parts of the harmonized system which it applies in accordance with the provisions of this Convention; or (b) until the date on which this Convention comes into force in its respect in accordance with the provisions of art. 13, with respect to all parts of the harmonized system, it is required to apply at that date under the provisions of this Convention; FM) with respect to all parts of the harmonized system unless it is formally committed to apply the full HS six-digit within the period of three years referred to the by. 5 of art. 4 and up to the expiry of this period.
Art. 18 reservations no reservations to this Convention is permitted.
Art. 19 notifications by the Secretary-General the Secretary-General notifies Contracting Parties, other States signatories, to the States members of the Council who don't are not Contracting Parties to this Convention and to the Secretary-General of the Organization of the United Nations: a) notifications received in accordance with art. 4, b) signatures, ratifications and accessions referred to in art. 12; c) the date on which this Convention comes into force in accordance with art. 13; d) notifications received in accordance with art. 14; e) denunciations received in accordance with art. 15; f) the amendments to this Convention recommended pursuant to art. 16; g) objections to the amendments recommended in accordance with art. 16, as well as their possible withdrawal; h) amendments accepted in accordance with art. 16, and the date of their entry into force.
Art. 20 registration with UN according to art. 102 of the Charter of the United Nations, this Convention is registered in the United Nations Secretariat at the request of the Secretary-General of the Council.
In faith whereof, the undersigned to this duly authorised have signed this Convention.
Done at Brussels, 14 June 1983, in English and French languages, both texts being equally authentic, in a single copy which shall be deposited with the Secretary-General of the Council who shall transmit certified copies conform to all States and to all Customs Unions or economic referred to in art. 11. (follow signatures) RS 0.120 annex Nomenclature of the Harmonized System Nomenclature of the harmonized system is the RS 632.10 Annex (unpublished). Reprints may be obtained from the Federal Administration of customs 3003 Berne.
State on 27 January 2016 scope on 27 January 2016 States parties Ratification, accession (A) Signature without reservation of ratification (if any) coming into force South Africa 25 November 1987 1 January 1988 Albania may 16, 2012 has 1 January 2014 Algeria 24 October 1991 1 January 1992 Germany 22 September 1987 1 January 1988 11 July 2006 Andorra to 1 August 2006 Angola April 4, 2011 has Saudi Arabia 10 March 1988 January 1, 2013 January 1, 1990
Argentina January 11, 1994 January 11, 1994 Armenia January 5, 2009 A 1 January 2011 Australia September 22, 1987 January 1, 1988 Austria September 22, 1987 January 1, 1988 Azerbaijan July 7, 2000 July 7, 2000 Bahamas September 13, 2011 was October 3, 2011 Bahrain December 14, 2001 A 1 January 2002 Bangladesh 22 September 1987 to July 1, 1988 Belarus 21 October 1998 to 1 January 2000 Belgium 22 September 1987 1 January 1988 24 July 2006 Benin has
January 1, 2008 Bhutan October 27, 2006 to January 1, 2007 Bolivia April 27, 2004 1 January 2006 Bosnia and Herzegovina August 14, 2012 January 1, 2014 Botswana February 13, 1987 January 1, 1988 Brazil November 8, 1988 1 January 1989 Brunei 28 June 2014 28 June 2014 Bulgaria 30 October 1990 was 1 January 1992 Burkina Faso 25 September 1990 1 January 1992 Cambodia 27 June 2002 has January 1, 2003 Cameroon May 16, 1988
July 1, 1989 Canada December 14, 1987 January 1, 1988 Green - may 19, 2008 January 1, 2010 Chile February 17, 2005 to January 1, 2007 China June 23, 1992 was 1 January 1993 Cyprus 21 March 1994, 21 March 1994 Colombia has 21 October 2002 October 21, 2002 Comoros January 7, 2013 has January 1, 2015 Congo (Brazzaville) 27 March 2007 A January 1, 2009 Congo (Kinshasa) November 10, 1987 January 1, 1988 (South) Korea 27 November 1987 1 January 1988 Costa Rica July 3, 2012 January 1, 2014 Côte d'Ivoire 25 January 1990 has January 1, 1991 Croatia 29 September 1994 has 29 September 1994 Cuba November 3, 1995 to January 1, 1997 Denmark September 22, 1987 January 1, 1988 Djibouti June 12, 2015 1 September 2015 Egypt 27 May 1999 was 1 January 2000 UAE United 27 June 2002 1 July 2002 Ecuador 22 October 2008 has January 1, 2010 Eritrea 17 January
2003a 17 January 2003 Spain September 28, 1987 January 1, 1988 Estonia 26 May 1993 1 January 1995 United States 31 October 1988 has January 1, 1989 Ethiopia 1 March 1995 1 March 1995 Fiji 23 December 1997 was 1 January 1998 Finland September 22, 1987 January 1, 1988 France September 22, 1987 January 1, 1988 Wallis - and - Futuna Islands 24 May 1989 April 1, 1989 New Caledonia 20 April 1988 1 January 1988 Polynesia French April 20, 1988 1 January 1989 Miquelon 20 April 1988 1 January 1988 Gabon 7 July 2000 1 January 2002 Georgia March 27, 2009 A 1 January 2011 Ghana June 29, 2007 January 1, 2009 Greece July 15, 1988 1 January 1990 Guatemala 18 September 2014 has 18 September 2014 Guinea September 23, 1997 January 1, 1998 Guinea - Bissau may 23, 2013 January 1, 2015 Haiti January 17, 2000 was 17 January 2000 Hungary 27 August 1990 1 January 1991 India June 23, 1986
1 January 1988 Indonesia 5 July 1993 A 1 January 1995 Iran 28 February 1995 1 January 1997 Ireland December 22, 1987 January 1, 1988 Iceland October 28, 1987 January 1, 1988 Israel August 5, 1987 January 1, 1988 Italy 31 May 1989 1 January 1991 Japan June 22, 1987 has 1 January 1988 Jordan 10 June 1985 if January 1, 1988 Kazakhstan March 26, 2004 to January 1, 2006 Kenya 29 July 1988 A 1 July 1989 Kyrgyzstan 4 January 2007 1 January 2009 Kuwait 27 November 2003 has January 1, 2005 Lesotho December 12, 1985 if January 1, 1988 Latvia 4 January 1996 1 January 1998 Lebanon 3 May 1996 has 3 May 1996 Liberia 26 June 2010 1 January 2012 Libya 17 May 1993 1 January 1995 Lithuania 20 June 1994 was 1 January 1995 Luxembourg July 11, 1988 11 July 1988 Macedonia March 31, 1995 was 31 March 1995 Madagascar December 22, 1987
January 1, 1988 Malaysia December 15, 1987 January 1, 1988 Malawi 25 October 1988 was April 1, 1989 Maldives July 7, 2000 January 1, 2002 Mali June 15, 1994 January 1, 1995 Malta 20 December 1989 has January 1, 1990 Morocco, on 27 February 1992 1 July 1992 Maurice 10 June 1985 if 1 January 1988 Mauritania April 3, 2001 has
January 1, 2003 Mexico September 6, 1991 to February 14, 1992 Moldova 10 June 2004 was January 1, 2006 Mongolia 30 September 1991 1 January 1993 Montenegro 23 March 2007 March 23, 2007 Mozambique 11 October 2012 has January 1, 2014 Myanmar 5 December 1994 has January 1, 1995 Namibia may 5, 2004 January 1, 2006 Nepal August 25, 2006 July 28, 2006 Niger March 16, 1990 was July 1, 1991 Nigeria 15 March 15, 1988 March 1988 Norway August 27, 1987 January 1, 1988 New Zealand September 22, 1987 January 1, 1988 Uganda 11 July 1989 has January 1, 1991 Uzbekistan 17 November 1998 to January 1, 2000 Pakistan September 22, 1987 July 1, 1988 Panama August 24, 1998 to January 1, 2000 Papua New Guinea December 18, 2013 has January 1, 2014 Paraguay 12 January 2007 1 January 2009 Netherlands September 22, 1987 January 1, 1988 Peru 9 July 1998 was January 1, 2000 Philippines
June 28, 2001 June 28, 2001 Poland September 12, 1995 was 1 January 1996 Portugal November 4, 1987 January 1, 1988 Qatar September 28, 2004 to January 1, 2006 Central African Republic 11 June 1998 has 18 May 1998 Dominican Republic 7 September 2006 A January 1, 2008 Czech Republic 16 November 1993 16 November 1993 Romania 5 December 1996 was 1 January 1997 United Kingdom September 22, 1987 January 1, 1988 Guernsey September 22, 1987 January 1, 1988 island of Man September 22, 1987 January 1, 1988 Jersey September 22, 1987 January 1, 1988 Russia June 18, 1996 1 January 1997 Rwanda July 27, 1992 January 1, 1993 Sao Tome - and - principle 2 July 2013 A January 1, 2015 South Africa September 21, 1989 1 January 1991 Serbia 9 January 2002 has July 1, 2002 Sierra Leone June 12, 2015 1 January 2017 Singapore November 30, 2005 to January 1, 2006 Slovakia 7 June 1993 A 7 June 1993 Slovenia
November 23, 1992 to November 23, 1992 Sudan 10 December 1993 has 10 December 1993 Sri Lanka 3 May 1988 1 January 1989 Sweden September 22, 1987 January 1, 1988 Switzerland September 22, 1987 January 1, 1988 Swaziland November 26, 1985 if January 1, 1988 Syria November 12, 2007 January 1, 2009 Tajikistan 6 July 2005 has January 1, 2007 Tanzania January 24, 2008 January 1, 2008 Chad September 5, 1990 was 1 January 1992 Thailand 16 December
1991 January 1, 1993 Togo 12 February 1990 was 1 January 1991 Tunisia October 28, 1987 January 1, 1989 Turkey December 15, 1988 1 January 1989 Ukraine 26 August 2002 has January 1, 2004 European Union September 22, 1987 January 1, 1988 Uruguay October 17, 2011 January 1, 2012 Venezuela 23 October 1998 was 2 November 1998 Viet Nam 26 March 1998 was January 1, 2000 Yemen 30 September 2002 1 January 2003 Zambia December 22, 1986 If 1 January 1988 Zimbabwe November 5, 1986 so 1 January 1988 RO 1987 2686; FF 1985 III 341 RO 1987 2685 1987 2686 RO 1989 387, 1990-1606, 2002 4080, 2005 767, 2009 67, 379 2012, 2014 95, 2016 499. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
Status as of January 27, 2016