Section 2
( 1)
of 01-01-2008 [E] 01-01-2008 [M]
In this Order, unless the context otherwise requires -
"industrial", in relation to an article, means that the article has been shown to the satisfaction of the Controller to be made for use solely or principally as industrial apparatus, plant or machinery;
"%"means percentage of value.
(2)
Where goods are classified in the First Schedule according to their use, either by way of general description of their use or by reference to the use intended on importation or clearance through customs, such conditions of use shall not be taken to be fulfilled unless at the time of importation or clearance through customs the intended direct use is proved to the satisfaction of the
Controller.
(3)
Where in any heading of the First Schedule, parts of articles are classified with those articles, mention of any of the articles in a sub-heading of that heading shall be deemed to include a mention of parts of such articles, except in so far as the contrary intention appears from the wording of the sub-heading.
(4}
The following rules of interpretation shall be used for the classification of all goods as set out in the First Schedule -
{a)
the titles of Sections, Chapters and sub-Chapters are provided for ease of reference only but classification shall be determined in accordance with the terms of the headings and any relative Section or Chapter Notes and, provided the headings or such Notes do not otherwise require, be determined in accordance be rules {b) to {f);
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637 6th. SEPTEMBER, 2007
{b)
(i)
any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished unless, as presented, the incomplete or unfinished article has the essential character of a complete or finished article. It shall also be taken to include a reference to that article complete or finished (or classified as complete or finished by virtue of this rule), presented unassembled or disassembled;
(ii}
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 in accordance with rule (c);
(c)
when by application of rule {b)(ii) or for any other reason, goods are, prima facie, classifiable under 2 or more headings, classification shall be effected as follows -
(i}
the heading which provides the most specific description shall be preferred to a heading providing a more general description. However, when 2 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 put up in a set 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;
(ii)
mixed or composite goods consisting of different materials or made up of different components and goods put up in a set for retail sale, which cannot be classified by reference to sub-rule (i), shall be classified as if they consisted of the material or component which gives them their essential character, in so far as this criterion is applicable;
(iii)
goods which cannot be classified by reference to sub-rules (i)
or (ii) shall be classified under the heading which occurs last in numerical order among those which equally merit consideration;
(d)
goods which cannot be classified by reference to rules {a) to {c)
shall be classified under the heading appropriate to the goods to which they are most akin;
{e)
without prejudice to rules {a) to {d)-
[i)
camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and presented with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith, but this sub-rule shall not apply when such packing materials or packing containers are clearly suitable for repetitive use;
[ii)
subject to sub-rule (i), 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, but this sub-rule shall not apply when such packing materials or packing containers are clearly suitable for repetitive use;
(f)
without prejudice to rules fa) to (d), the classification of goods in the sub-headings of a heading shall be determined in accordance with the terms of those sub-headings and any related Sub-heading Notes and, with the necessary modifications, to rules (b) to (e) on the understanding that only sub-headings at the same level are comparable. For the purposes of this rule, the relative Section and Chapter Notes shall also apply, unless the context otherwise requires.
Import duty.