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COMMODITY CLASSIFICATION SYSTEM • Countries that have adopted the

(PRELIMS TO FINALS REVIEWER) HS are not permitted to alter in


any way the descriptions
PRELIM TOPICS: associated to a heading or a
subheading nor can the
Harmonized Commodity Description numerical codes at the four or six-
digit levels be altered, this is what
and Coding System:
keeps the HS harmonized.
• In international trade each
Harmonized Commodity Description
product is assigned a particular
and Coding System: (USES)
classification code using the
Harmonized Commodity
Description and Coding System • Determination of Customs Tariff
or Simply Harmonized Systems (import duty)
(HS). • Collection of International trade
statistics
• The Harmonized Commodity • Rule of Origin
Description and Coding System or • Ascertain the eligibility of a product
Simply Harmonized Systems (HS) is under a free trade Agreement
a multipurpose international • Compliance with customs
product nomenclature developed requirements
by the World Customs Organization
(WCO). 1931
• The “Geneva Nomenclature” was
• It was developed and presently developed. It was prepared by a
maintained by the WCO (formerly committee of experts under the
known as the Customs auspices of the League of nations.
Cooperation Council (CCC)
headquartered in Brussels, 1959
Belgium. • The “Brussels Tariff Nomenclature”
came into force. It was created by
• It was established in 1983 and the European Customs Union Study
entered into force in 1988. under Group using the Geneva
this convention, contracting parties Nomenclature as base.
are obligated to base their tariff
schedules on the HS nomenclature,
although parties set their own rates
of duty.
1974 • The Philippines began
• The “Customs Cooperation Council implementing the harmonized
Nomenclature” was the new name tariff coding system back in 1989
given to the BTN to avoid any the 104th country to do so.
confusion as to the international
organization responsible for its • Any amendments on the
development. Harmonized System would also be
reflected on the AHTN.
1988
• The “Harmonized Commodity
Description and Coding System” • The first AHTN code was adopted
entered into force. in 2004, incorporating products
that are significantly traded by the
The ASEAN Harmonized Tariff AMSs, the AHTN is used as:
Nomenclature (AHTN):
The ASEAN Harmonized Tariff
• The Association of Southeast Asian Nomenclature (AHTN): (USES)
Nations (ASEAN) comprising
Brunei, Cambodia, Indonesia, • A uniform tariff nomenclature
Laos, Malaysia, Myanmar, within ASEAN
Philippines, Singapore, Thailand, • Basis for preferential tariff
and Vietnam. agreed to adopt a purposes in the ASEAN free trade
common tariff nomenclature to area (AFTA) and other free trade
facilitate the flow of trade within areas: and
the region. • Basis for the collection of trade
statistics.
• The AHTN is the Harmonization of
each ASEAN member country’s INSTITUTIONAL ARRANGEMENT OF
customs nomenclature. THE AHTN PROTOCOL:

• The AHTN is based on the The ASEAN Directors-General of


Harmonized System up to the 6- Customs:
digit subheadings. it is • Responsible for monitoring,
supplemented with the national reviewing, and supervising, all
requirements of each of the 10 aspects relating to the
ASEAN member countries in the implementation of the
form of 8-digit subheadings. implementation of the AHTN
protocol.
The ASEAN Finance Monitoring 3. WHAT ARE ITS FUNCTIONS OR
Meeting: INTENDED APPLICATION?
• Is the forum for all decisions
relating to the • Ascertain the subject’s article’s end
implementation of the use or purposes.
AHTN Protocol.
* In the case of appliances:
The ASEAN Secretariat: - For domestic or commercial
• Provides the necessary support for applications?
supervising, coordinating, and * In the case of agricultural products:
reviewing the implementation of - Is it fit for human consumption?
the AHTN Protocol and assists the * In the case of vehicles:
ASEAN Directors-General of - Is it for the transport of persons or
Customs on matters relating goods?
thereto, responsible for assisting
4. WHAT CONDITION IS IT IMPORTED?
the experts’ panel in monitoring
and reviewing the AHTN.
• Establish the state of the subject
article as imported or presented at
MIDTERM TOPICS:
Customs.
* In the case of agricultural goods:
CLASSIFICATION TECHNIQUES:
- Is it fresh, chilled, frozen, or dried?
* In the case of furniture, appliances or
1. WHAT IS IT?
vehicles:
- Is it complete, unassembled, or
• Get to know the type of product you
are classifying. completely knocked down?
* In the case of metal long products:
2. WHAT ARE ITS CHARACTERISTICS? - Is it in coils?

• Determine specifics about the HOWEVER, THE REQUIRED DETAILS


product, such as its materials or FOR CLASSIFICATION VARY
chemical compositions, weight, DEPENDING ON THE TYPE OF THE
dimension or measurement, and its SUBJECT ARTICLE.
rating
LEGAL NOTES: SECTIONS:
• Section, Chapter, and Subheading • Are designated by Roman numerals
Notes (along with the coding and in ascending manner from “I’ to
description of the Headings and “XXI”
subheadings comprised the legal
texts used in the classification of CHAPTERS:
goods).
• Indicated by the first two digits of
the Product Code.
THE LEGAL NOTES CAN BE

CLARIFICATION: • Are assigned numbers in ascending


• These notes provide clarification as manner starting from 1 up to 97”
to the classification of certain goods
and direct the classifier to the HEADING:
correct Heading or Subheading • Indicated by the first four digits of
classification. the product code.
INCLUSION/COVERAGE:
• These notes enumerate the goods SUBHEADING:
that are included within the • HS Subheadings are the first six
coverage of a particular section, digits of the product code. The same
chapter, heading or subheading. for all members of WCO.
EXCLUSION:
• These notes enumerate the goods • AHTN Subheadings are the whole
that are excluded from a particular eight digits of the product code,
Section or Chapter. parallel to all ASEAN Members.
DEFINITION:
• These notes provide a detailed CHAPTER NOTES:
description of a particular product • Exemption
covered by the Section, Chapter,
Heading or Subheading. SECTION NOTES:
• All products belong.
THESE NOTES ARE PROVIDED TO
CLARIFY THE CLASSIFICATION OF
CERTAIN GOODS THAT ARE
OTHERWISE AMBIGUOUS AND THAT
CAN NOT BE PROVIDED IN
UNABRIDGED FORM DUE TO THE
VASTNESS OF TRADABLE GOODS
AHTN PUNCTUATION MARK dash appears before the description
of products to indicate the first level
COMMA: (,) of divisions.
• Used to separate items or lists of • When necessary, subheadings are
goods described in the heading and broken down into two or more 2-
subheading texts. dash subheadings to indicate the
• Used to separate the list of items second level of subdivisions.
from the descriptor phrase or from a • Dashes are laid down in an
series of descriptors to which the increasing manner.
items belong
• A one-dash is followed by two
SEMI COLON: (;) dashes, two dashes by three dashes,
• It is used to indicate a full-stop and three dashes by four dashes, and so
that a good or list of goods on.
separated by semi-colons must be
treated as distinct and separate
from each other when considering
tariff classification at the heading or
subheading level.

COLON (:)
• It is used to indicate that further PRINCIPLES
subdivisions will occur. 1. Only compare one-dash
• The colons appear after the end of subheadings that are under the
every subheading text which has same heading.
further breakdowns.
2. Choose the one-dash subheading
PERIOD (.) that fits the description of the goods
• It is used to indicate a full stop in the being classified;
heading text which means only
those products mentioned are 3. If the established one-dash
included and nothing more. subheading is further divided,
compare all two-dash subheadings
THE DASH SYSTEM that are under that one-dash
subheading and choose the two-
• In the Harmonized System (HS), dash subheading that fits the
when a Heading is divided into two description of the goods being
or more 6-digit subheadings, a single classified; and, if applicable.
4. Compare all three-dash subheadings STEPS IN DESCRIBING OTHERS
under the established two dashed
and determine the correct three- 1. Read the terms of the heading, i.e.,
dash subheading classification, and the articles mentioned under the 4-
so on. digit heading.

DESCRIBING OTHERS 2. Take note of the dash level of


subheadings.
• “Other” is the most recurring
description found in almost all HS 3. “Other” covers articles not provided
headings. by subheadings under the same
dash level taking into consideration
• “Other”, provides for a more the description of the preceding
general, widely scoped, and subheading with a lower dash count.
sometimes vague coverage.
FINAL TOPICS:
• When headings are further divided
into subheadings, two major groups GENERAL INTERPRETATIVE RULES (GIR)
are generally created:
• Is a set of 6 rules for the
1. Subheading/s with a specific classification of goods. The rules are
description provided to ensure uniform legal
2. Subheading/s with the interpretation of the Harmonized
description “Other” System Nomenclature for the
proper classification of goods. These
• Describing the coverage of “Other” rules have to be applied in
is just like answering a puzzle since it sequential order.
is sometimes difficult and tricky.
There are SIX GENERAL RULES:
• Extra care should be taken into
consideration in describing the • The first five (5) Rules relating to
coverage of “Other” especially when classification in the 4-digit
there are too many subheadings headings.
involved. • Rule 6 relates to classification at the
subheading level.
• The Rules set out the principles for
classification in the HS
nomenclature.
• They are an integral part of the RULE 2A (UNASSEMBLED OR
Nomenclature, providing uniform DISASSEMBLED, INCOMPLETE,
application and interpretation. UNFINISHED GOODS)
• The GIRs are incorporated in the
CMTA, RA 10863: Section 1610. • Any reference in a heading to the
goods shall be taken to include a
SEC. 1610. General Rules for the reference to the same in their
Interpretation (GIR): incomplete or unfinished form or
• The classification of goods and their state:
tariff nomenclature as provided • Provided, That the incomplete or
pursuant to this Act shall be unfinished goods have the essential
governed by the following character, as presented, of the
principles: complete or finished goods.
• It shall also be taken to include a
RULE 1 (TERMS OF THE HEADING) reference to the same, in their
complete or finished form or state
• The titles of sections, chapters, and • (or falling to be classified as
subchapters are provided for easy complete or finished by virtue of
reference only. this Rule), presented unassembled
• For legal purposes, classification or disassembled.
shall be determined according to the • extend the scope of the heading
terms of the headings and any • Have essential character
relative section or chapter notes
• And, provided such headings or
notes do not otherwise require, RULE 2B (HEADINGS, MIXTURES, AND
according to the following COMBINATION OF GOODS)
provisions.
Specific Description: • Any reference in a heading to a
(e.g. Heading 08.06) material or substance shall be taken
Broad Description: to include a reference to mixtures or
(e.g. Heading 39.26) combinations of that material or
substance with other materials or
Virtue of GIR 1? substances.
• Know your product. • Any reference to goods of a given
• Examine the conditions of the material or substance shall be taken
heading description. to include a reference to goods
• Do not forget to read the chapter consisting wholly or partly of such
notes, section notes legal notes. material or substance.
• The classification of goods sale, which cannot be classified by
consisting of more than one reference to 3(a), shall be classified
material or substance shall be as if they consisted of their
according to the principles of Rule 3. essential character, insofar as this
criterion is applicable.
Example: Milk contains added vitamins • Is a mixture of substances with the
or minerals added substance and the essential character of the product
essential character is milk parin.
Example:
RULE 3A • Liquor gift sets – Liquor is the
(MOST SPECIFIC DESCRIPTION) essential character
1. Glass
• The heading which provides the 2. Bottle opener
most specific description shall be 3. Shirt
preferred to headings providing a • Mango with graham – graham
more general description. padin ang essential character
• However, when two (2) or more
headings each refer to part only of RULE 3C LAST IN NUMERICAL ORDER
the materials or substances
contained in mixed or composite • When goods cannot be classified by
goods or to part only of the items in reference to 3(a) or 3(b), they shall
a set put up for retail sale, those be classified under the heading
headings are to be regarded as which occurs last in numerical order
equally specific in relation to those among those which equally merit
goods, even if one of them gives a consideration;
more complete or precise • Kung saan yung pinaka last at
description of the goods. mataas doon mo siya i-HS
• Provides the most specific • Pag di pumasok sa 3a and 3b
description Socks and Ties
• Example: 94.01 (Seats) over 87.08
(Parts and accessories of the motor RULE 4 (MOST AKIN)
vehicles of headings 87.01 to 87.05
• Goods that cannot be classified in
RULE 3B (ESSENTIAL CHARACTER) accordance with the above Rules
shall be classified under the heading
• Mixtures, composite goods appropriate to the goods to which
consisting of different materials or they are most akin.
made up of different components, • Di siya masyadong gamit
and goods put up in sets for retail
• Last resort – ginagamit lang pag no RULE 6 (CLASSIFICATION OF GOODS
choice na AND SUBHEADING LEVEL)
• New products
• Most similar • For legal purposes, the classification
• Example: Plastic Diffuser, E-bike of goods in the subheadings of a
heading shall be determined
RULE 5A (SPECIAL CONTAINERS) according to the terms of those
subheadings and any related
• “NON-REPEATEDLY USE” subheading notes and, mutatis
• Camera cases, musical instrument mutandis, to the above Rules, on the
cases, gun cases, drawing understanding that only
instrument cases, necklace cases, subheadings at the same level are
and similar containers, specially comparable.
shaped or fitted to contain specific • For the purposes of the Rule, the
goods or sets of goods, suitable for relative section and Chapter Notes
long-term use and presented with also apply, unless the context
the goods for which they are otherwise requires.
intended, shall be classified with • Mga Others
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

RULE 5B (PACKING MATERIALS)

• “REPEATEDLY USE”
• 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.
• However, this provision does not
apply when such packing materials
or packing containers are clearly
suitable for repetitive use.

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