The names of sections, groups and subgroups are given only for the convenience of using TNForeign economic activity; for legal purposes , the classification of goods inHSit is carried out on the basis of the texts of the headings and the corresponding notes to the sections or groups and, unless otherwise provided by such texts, in accordance with the following provisions.
The term prima facie is used in modern legal language to mean that at the initial examination it appears that there is sufficient supporting evidence to support the case.
In common law jurisdictions, a prima facie reference to evidence means evidence that, if not refuted, will be sufficient to prove a particular allegation or fact., may be assigned to two or more commodity items, must be classified in accordance with the principles of Rule 3.
If, by virtue of Rule 2 (b) or for any other reason, there is, prima facie, the possibility of assigning goods to two or more commodity items, the classification of such goods is carried out as follows:
Examples of the latter category of goods are:
The components of such multicomponent goods, as a rule, fit into a common package.
Goods whose classification cannot be carried out in accordance with the provisions of the above Rules are classified in the commodity position corresponding to the goods most similar (close) to the goods in question.
In addition to the above-mentioned provisions, the following Rules should apply to the following products:
a) Cases and cases for cameras, musical instruments, guns, drawing accessories, necklaces, as well as similar containers having a special shape or adapted to accommodate the corresponding product or set of products, suitable for long-term use and presented together with the products for which it is intended, must be classified together with the products packed in them, if this type of packaging usually goes on sale together with these products. However, this Rule does not apply to containers, which, forming a single whole with the packaged product, gives the latter a basic property.
b) Subject to the provisions of Rule 5 (a) above, packaging materials and containers delivered together with the goods contained therein must be classified together if they are of the type that is normally used for packaging these goods. However, this provision is not mandatory if such packaging materials or containers are obviously suitable for reuse.
For legal purposes, the classification of goods in the subheadings of a commodity item should be carried out in accordance with the names of the subheadings and notes related to the subheadings, as well as," >mutatis mutandis, the provisions of the above-mentioned Rules, provided that only the sub-positions at the same level are comparable. For the purposes of this Rule, the relevant notes to sections and groups may also apply, unless otherwise specified in the context.