Rules on Tariff Classification (GIR)

• The titles of sections, chapters and subchapters are provided for easy reference only.
• For legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to the following provisions:
• Any reference in a heading to the goods shall be taken to include a reference to the same in their incomplete or unfinished form or state, provided that the incomplete or unfinished goods have the essential character, as presented, of the complete or finished goods.
• The incomplete or unfinished goods have the essential character, as presented, of the complete or finished goods.
• The incomplete or unfinished goods, presented unassembled or disassembled, are also included in the reference to the goods.
• Any reference in a heading to a material or substance shall be taken to include a reference to mixtures or combinations of that material or substance with other materials or substances.
• Any reference to goods of a given material or substance shall be taken to include a reference to goods consisting wholly or partly of such material or substance.
• The classification of goods consisting of more than one material or substance shall be according to the principles of Rule 3.
• When by application of Rule 2 (b) or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows:
• The heading which provides the most specific description shall be preferred to headings providing a more general description.
• When two or more headings each refer to part only of the materials or substances contained in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods.
• Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of their essential character, insofar as this criterion is applicable.
• When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration;
• Goods which cannot be classified in accordance with the above Rules shall be classified under the heading appropriate to the goods to which they are most akin.
• Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain specific goods or set of goods, suitable for long-term use and presented with the goods for which they are intended, shall be classified with such goods when of a kind normally sold therewith.
• The Rule does not, however, apply to containers which give the whole its essential character; and.
• Subject to the provisions of Rule 5(a), packing materials and packing containers presented with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods.
• This provision does not apply when such packing materials or packing containers are clearly suitable for repetitive use.
• The classification of goods in the subheadings of a heading shall be determined according to the terms of those subheadings and any related subheading notes.
• Only subheadings at the same level are comparable.
• The relative section and Chapter Notes also apply, unless the context otherwise requires.