HTS General Rules of Interpretation (GRIs) questions and answers

GRIs - Generally - six in total - legal principles that always govern the classification of merchandise - intended to be consulted and applied each time merchandise is to be classified under HTS RULE 1. - classification is to be 1st determined according to terms of terms of headings and any relative section or chapter notes. If not these then GRIs 2-6. - GRI 1 takes precedence over 2-6. - table of contents, index, section titles, chapters, and sub-chapters are for reference only RULE 2(a). - (a) any reference in a heading to an article covers not only the complete article but the unfinished/incomplete one provided that it has the "essential character" of the complete/finished article. This also applies to assembled/disassembled which should be classified under the assembled/complete heading. Ex: ceramic, painted, bird statuette would still have essential character of finished ceramic statuette of 6913 thus classified under it. Ex2: unassembled bicycle = 8712 finished, assembled bicycle. RULE 2(b). - (b) (1) any reference to a heading to a material/substance shall include mixtures/combinations of that material/substance. (2) goods of a given material/substance include goods consisting wholly/partly of that material/substance (but only as long as another heading doesn't refer to the goods in their mixed/composite state). If either the previous two are potentially classifiable under 2+ headings, they must be classified under Rule 3. Ex: stainless steel travel mug w/plastic handle = 7323 - table, kitchen or other household article of steel as it retains the meaning of kitchen/household article despite plastic handle. If mug had equal parts steel/plastic, then could go under 3924 - tableware, kitchenware or other household article of plastic too; thus, Rule 3 must be applied. RULE 3(a). 3(a) In specific order: (1) a description by name (clearly identifies product) is more specific than a description by class (less complete). (2) ​When 2+ headings each refer to only 1 of the materials/substances in mixed/composite goods or to only some articles included in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if 1 gives more complete/precise description of the goods. If this situation exists, then must refer to GRI 3(b). Goods Put up in Sets for Retail Sale. For purposes of GRI 3(b), the term "goods put up in sets for retail sale" means the goods under consideration must (a) consist of at least 2 different articles (must be of different type/nature, e.g., two table spoons are not such a "set") which are, prima facie, classifiable in different headings; (b) consist of products/articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. RULE 3(b). 3(b) - each of the goods is potentially classifiable in more than one heading because each good consists of two or more different ingredients, materials, components or articles and no heading provides for the goods as a whole. Goods are classified according to ingredient, material, component or article that gives the mixtures, composite goods, or sets their "essential character." Mixture ex: equal amts barley 1003 + oats 1004 Composite ex: same housing flashlight + radio Set ex: hairdressing kit consisting of 3 headings = classify under particular need/activity of grooming hair. RULE 3(c) Goods should be classified under the heading that occurs last in numerical order from among those that equally merit consideration if the goods cannot be classified by reference to GRIs 3(a) or 3(b). ​ RULE 4. Goods are to be classified under the heading appropriate to the goods to which they are most akin. RARELY APPLIED. "Kinship" should depend on such factors as description, character, purpose or intended use, designation, production process and the nature of the goods. RULE 5(a). In addition to 1-4: 5(a) long-term use containers imported w/articles for which they're intended to be used are to be classified w/the articles if they are of a kind of container normally sold w/such articles. Ex: camera case goes w/cameras. This does not apply to containers that give the imported article its essential character. Ex: high-quality ornamental ceramic bowl containing sweets -> goes under container's heading.