Professional Documents
Culture Documents
Objectives
To study and understand the Harmonized Commodity Description and Coding System
To study and understand the Trade Facilitation Agreement
Methodology
Secondary data collection through WCOs official website
Significance
This report will provide insights for the management students to understand the Harmonized
Commodity Description and Coding System and the Trade Facilitation Agreement made by
WCO as per the Guideline given by WTO
Literature Review
1) (Kleffner 2003, AON 2009, Vanany 2009)Although managing risk has been
fundamental in most business and governmental activities in the past, in recent years
risk management has gained importance due to challenges caused by economic
slowdown, regulatory changes, vulnerable production strategies, and the threat of
terrorism, amongst other trends and factors.
2) (Childerhouse and Towill 2003) Risk management has become an essential asset for
an increasing number of practitioners, providing sensible methods to manage,
mitigate, and avoid uncertainties in ones business operations.
3) (Hutchins 2003) Supply chain risk management was a considerably unexplored
research domain and received wider attention in the business community following
the terrorist attacks of September 11, 2001, which resulted in major cross-border trade
disruptions. In the aftermath of the attacks, risk management became a top priority for
supply chain decision makers.
HS Multi-Purposes Tool
It is hard to imagine what effect a small six digit code could have on international efforts to
reduce global warming; or in suppressing the activities of a criminal syndicate involved in the
Background
There is increased sentiment on the part of those in international trade that the HS review
process needs to be expedited. A tension exists between the revision of the Harmonized
System which takes a minimum of five years and an environment where product cycles are
counted in months and no longer in years.
The WCO Secretariat has prepared this information sheet to explain the reasons for the
complexity of this important process.
approval. After approval by the Council any HS Contracting Party has six months to enter a
reservation with regard to any of the recommended amendments.
The process is time consuming but this has much to do with the consultative nature of the
process. Additional meetings beyond what is already envisioned would be difficult in view of
the time needed for industry and government consultations during the intersession. The speed
of the review depends largely on the scope of the review and the extent to which international
consensus exists on the proposed amendments. As an example, the present review cycle
includes a review of the information technology provisions of the HS. It is exactly these
provisions which have been the subject of most disputes.
10. Revising of the trade statistical systems of the United Nations (for example, the SITC,
CPC).
Conclusions
The Harmonized System is the legal instrument that is the universal basis for Customs tariffs
and the international trade statistical system. For that reason changes must be well thought
out, designed for the future, and effectively implemented. It also means that there is a
community of interest in achieving a degree of stability in the System, particularly by our
member governments and fellow international organisations. It is a difficult balance to strike.
The issue is not only, or perhaps not even primarily, a Customs issue. Responsibility for tariff
policy in many countries falls within the portfolio of the Trade Ministry or the Commerce
Ministry and is also of great concern of the private sector.
HS Dispute Settlement
HS dispute settlement plays an important role in the facilitation of international trade. While
the Harmonized System (HS), as a multipurpose trade classification, has many different
applications, its primary use for now and the foreseeable future is still the collection of import
duties and taxes for revenue and/or trade policy purposes (including the protection of
domestic industries). This monetary function, of course, creates the potential for disputes
between duty collection authorities and persons liable for duty.
Under the Harmonized System, commodities must be clearly distinguished from one another.
For each commodity or category of commodities, only one heading or subheading should be
applicable, thereby precluding classification in any other heading or subheading. Generally
speaking, once the classification of a good is identified in the nomenclature, the duty rate is
automatically determined. Therefore, "in the beginning there was classification."
At national level, classification is designed to carry out specific government polices and it is
quite rare that classification takes place purely for the sake of classification. However,
classification at international level is quite different and therefore international HS dispute
settlement is different. Once the classification of a good is identified in the HS Nomenclature,
it must be applied uniformly all over the world. Its impact, and in particular its economic
impact, may be different from country to country. The same product may be subject to low
duties in one administration and high duties in another. For this reason, as well as the
technical nature of the Harmonized System, disputes in the HS Committee are settled from a
purely classification point of view.
However, it should be noted that this does not mean that the persons responsible for
classification (the importer, the officers in charge in administrations, the WCO Secretariat,
etc.) should be ignorant of the tariff and other government polices with regard to the relevant
classification. Classification decisions are taken within the context of these policies and the
correctness of decisions must be verified with regard to such policies and should be
persuasive to various stakeholders whose expectations with regard to the decisions may vary.
Such decisions should, in particular, be defensible in national courts.
The HS Convention has set up the HS Committee as an international dispute settlement body.
To date, the HS Committee has solved many disputes, thus contributing to achieving uniform
classification and ensuring transparency with regard to HS classification. Some of these
disputes have had a huge impact on the economies of member administrations. The following
are examples:
computer
or
3. Whether a mixture of tobacco leaves and manufactured tobacco falls in the category
of non-manufactured tobacco?
4. Whether half a car (the front section of a used motor vehicle) should be considered to
be part of a car or an incomplete car?
5. The demarcation line between passenger motor vehicles and vehicles for the transport
of goods.
Thus, the HS Committee, which acts as a kind of "international court for HS classification
disputes", has played and continues to play (twice a year) a tremendously important role in
the facilitation of international trade.
HS Reservation Process
The matters, for which no request has been made to the Harmonized System Convention,
shall be deemed to be approved by the Council. If a Contracting Party to the Harmonized
System Convention has notified the Secretary General that it requests that a certain matter be
referred to the Council, a so called reservation is entered by a Contracting Party to the
Harmonized System Convention. In such instance, the matter of concern to the Contracting
Party shall be re-examined by the Harmonized System Committee.
Based on the current provisions, two possible reservation procedures can be applied. The
Contracting Party entering the reservation may request in writing to the Secretary General
that the matter of its concern be referred either to the Council (the reservation procedure
based on Article 8 of the Convention) or directly back to the Harmonized System Committee
for re-examination at its next
This overview provides a legal framework of the actual reservation process including the
relevant parts of the Harmonized System Convention (Article 8), the Rules of Procedures of
the Harmonized System Committee (Article 20) and Decision of the Council No. 298.
application of the Harmonized System, prepared during a session of the Harmonized System
Committee under the provisions of paragraph l of Article 7, shall be deemed to be approved
by the Council if, not later than the end of the second month following the month during
which that session was closed, no Contracting Party to this Convention has notified the
Secretary General that it requests that such matter be referred to the Council.
3. Where a matter is referred to the Council under the provisions of paragraph 2 of this
Article, the Council shall approve such Explanatory Notes, Classification Opinions, other
advice or recommendations, unless any Council Member which is a Contracting Party to this
Convention requests that they be referred in whole or part to the Committee for reexamination.
examination, the Contracting Party which has requested that the matter be re-examined shall
submit to the Secretary General, not less than 60 days before the opening date of the next
session of the Committee, a note setting out its reasons for requesting the re-examination,
together with its proposals for resolving the matter. The Secretary General shall circulate this
note to the other Contracting Parties.
Decision of the Council No. 298 (93rd/94th Sessions June 1999) Procedure for reexamination of certain Matters by the Harmonized System Committee
THE COUNCIL
Having regard to Article III of the Convention establishing a Customs Co-operation Council
Having regard to articles 6, 7 and 8 of the international convention on the harmonized
commodity description and coding system (hereinafter referred to as the harmonized system
convention)
Having regard to rule 20 of the rules of procedure of the harmonized system committee,
considering that it is desirable to introduce an expeditious procedure which would enable
timely re-examination of a matter for which a request has been made under paragraphs 2 and
3 of Article 8 of the Harmonized System Convention,
Decides as follows:
1. The Council authorizes the Secretary General, at the request of a Contracting Party, to refer
directly back to the Harmonized System Committee matters arising under paragraph 2 of
Article 8 of the Harmonized System Convention.
2. The following procedure shall apply whenever a Contracting Party to the Harmonized
System Convention requests under paragraph 2 of Article 8 of the said Convention, that the
Explanatory Notes, Classification Opinions, other advice on the interpretation of the
Harmonized System or recommendations to secure uniformity in the interpretation and
application of the Harmonized System prepared during a session of the Harmonized System
Committee under the provisions of paragraph 1 of Article 7 be referred to the Council :
(a) Not later than the end of the second month following the month during which the session
of the Harmonized System Committee was closed, a Contracting Party may request in writing
to the Secretary General that such matter be referred to:
(i) To the Council.
(ii) Directly back to the Harmonized System Committee for re-examination at its next
session.
(b) If a request is received in accordance with paragraph 2 (a) (ii), the Secretary General shall
place the matter on the Agenda of the following session of the Harmonized System
Committee for reexamination.
(c) If requests relating to the same matter are received from different Contracting Parties for
referral under both 2 (a)(i) and 2 (a)(ii), or if a Contracting Party does not specify whether the
matter should be referred to the Council or directly to the Committee, the matter shall be
denoted to the Council.
(d) The Secretary General shall inform all Contracting Parties of the receipt of a request
pursuant to paragraph 2 (a).
3. A Contracting Party to the Harmonized System Convention making a request under
paragraph 2 (a) may withdraw its request at any time before the matter is examined by the
Council or re-examined by the Harmonized System Committee, as the case may be.
However, the Committee will examine the matter if it has received a referral from the
Council.
4. In the event that a Contracting Party withdraws a request pursuant to paragraph 3, the
decision by the Harmonized System Committee shall be deemed approved, unless a similar
request from another Contracting Party is pending.
5. The Secretary General shall notify the Contracting Parties of a withdrawal pursuant to
paragraph
level, all countries classify products in the same way (a few exceptions exist where some
countries apply old versions of the HS).
The Harmonized System was introduced in 1988 and has been adopted by most of the
countries worldwide. It has undergone several changes in the classification of products. These
changes are called revisions and happened in 1996, 2002 and 2007.
01 LIVE ANIMALS
0101 horses, asses, mules and hinnies, live
0102 bovine animals, live
0103 swine, live
0104 sheep and goats, live
0105 chickens, ducks, geese, turkeys, and guineas, live
0106 animals, live, nesoi Nesoi - not elsewhere specified of indicated.
07 EDIBLE VEGETABLES
0701 potatoes (except sweet potatoes), fresh or chilled
0702 tomatoes, fresh or chilled
0703 onions, shallots, garlic, leeks etc, fr or chilled
0704 cabbages, cauliflower, kale etc, fresh or chilled
0705 lettuce and chicory, fresh or chilled
0706 carrots, turnips & other edible roots, fr or chill
0707 cucumbers and gherkins, fresh or chilled
0708 leguminous vegetables, shelled or not, fr or chill
0709 vegetables nesoi, fresh or chilled
0710 vegetables (raw or cooked by steam etc), frozen
0711 vegetables, temporarily preserved, not now edible
0712 vegetables, dried, whole, cut etc., no added prep
0713 leguminous vegetables, dried shelled
0714 cassava arrowroot etc fresh or dry: sago pith
10 CEREALS
1001 wheat and meslin
29 ORGANIC CHEMICALS
2901 acyclic hydrocarbons
2902 cyclic hydrocarbons
2903 halogenated derivatives of hydrocarbons
2904 hydrocarbon derivatives, sulfonated, nitrated etc
30 PHARMACEUTICAL PRODUCTS
3001 glands etc dry & ext, heparin, hum etc subst nesoi
3002 human blood, animal blood, antisera, vaccines etc
3003 medicaments nesoi of mixtures, not dosage etc form
3004 medicaments nesoi, mixed or not, in dosage etc fm
3005 bandages etc coated etc or in retail medic etc fm
3006 pharmaceutical goods (specified sterile prod etc.)
31 FERTILIZERS
3101 animal/veg fertilizer, mixed/not/chemically treated
3102 mineral or chemical fertilizers, nitrogenous
3103 mineral or chemical fertilizers, phosphatic
3104 mineral or chemical fertilizers, potassic
3105 m or ch fertilizer, n/un2of3el, fert nesoi, fert pack
3201 tanning ext of veg origin, tannins & its salts etc
3202 syn org & inorg tanning subst, tan prep, enz prep
3203 coloring matter of vegetable or animal origin
3204 syn org coloring matter & prep, syn org brit agent
3205 color lakes, preparations based on color lakes
3206 coloring matter nesoi, coloring prep nesoi, etc.
3207 prep pigments etc for ceramic etc indust, frit etc
3208 paint & varnish from synth etc polymers nonaq, etc
3209 paint & varnish from synth etc polymers aqueous md
3210 paints & varnishes nesoi, water pigments for leather
3211 prepared driers
3212 pigments nonaq liquid etc for paint, st foil, dye etc
3213 artist colors etc in tablets, tubes, jars etc.
3214 glaziers putty, resin cements, caulking comps etc
3215 ink, printing, writing, drawing etc, concen or not
3006
3823 Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols
3824 binders made for foundry moulds or cores; chemical products and preparations, including
residual products, of the chemical or allied industries, nesoi
5006 silk yarn & yarn from waste put up for ret, silkworm gut
5007 woven fabrics of silk or silk waste
51 WOOL & FINE OR COARSE ANIMAL HAIR, INC. YARNS & WOVEN FABRICS
THEREOF
5101 wool, not carded or combed
5102 fine or coarse animal hair, not carded or combed
5103 waste of wool or of fine or coarse animal hair
5104 garnetted stock of wool/fine or coarse animal hair
5105 wool & fine or coarse animal hair, carded & combed
5106 yarn of carded wool, not put up for retail sale
5107 yarn of combed wool, not put up for retail sale
5108 yarn of fine animal hair, not for retail sale
5109 yarn of wool or fine animal hair, for retail sale
5110 yarn coarse animal hair put up or not retail sale
5111 woven fabrics of carded wool or fine animal hair
5112 woven fabrics of combed wool or fine animal hair
5113 woven fabrics of coarse animal hair or horsehair
56 WADDING, FELT & NONWOVENS, SPECIAL YARNS, TWINE, CORDAGE, ROPES &
CABLES & ARTICLES
5601 text wadding & articles, text fibers n/ov 5 mm, etc
5602 felt, impregnated, coated, etc. or not
5603 nonwovens, whether or not impregnated, coated etc
5604 rub thread & cord, text cov, tex yarn etc cov rub etc
5605 metal yarn whet o not gimp tex yarn o strip w/metal
5606 gimp yarn & strip, 5404/5405 chen yarn loop wale-yarn
5607 twine, cordage, rope & cables, coated etc or not
5608 knotted net of twine etc, fish net etc of textiles
5609 art of yarn like of head 5404/5405 twine or cable nesoi
5908 textile wicks for lamps etc and gas mantles etc
5909 textile hosepiping and similar textile tubing
5910 transmission/conveyor belts, tex matrl, whthr/not reinfrcd
5911 textile products etc. for specific tech uses nesoi
CROCHETED
6201 men's or boys' overcoats, cloaks etc, not knit etc
6202 women's or girls' overcoats etc, not knit or croch
6203 men's or boys' suits, ensembles etc, not knit etc
6204 women's or girls' suits, ensemb etc, not knit etc
6205 men's or boys' shirts, not knitted or crocheted
6206 women's or girls' blouses, shirts etc not knit etc
6207 men's or boys' undershirts etc, not knit or croch
6208 women's or girls' slips etc, not knit or crochet
6209 babies' garments & accessories, not knit or croch
6210 garments, of felt etc, or fabric impregnated etc
6211 track suits, ski-suits & swimwear, not knit etc
6212 bras, girdles, garters etc., knitted etc or not
6213 handkerchiefs
6214 shawls, scarves, mufflers, mantillas, veils etc.
6215 ties, bow ties & cravats, not knitted or crocheted
6216 gloves, mittens and mitts, not knit or crocheted
6217 made-up clothing access nesoi, garment etc parts nesoi
69 CERAMIC PRODUCTS
6901 bricks, blocks, tiles & other ceramic goods slcs earth
6902 refractory bricks & other refr ceramic const art nesoi
6903 refractory ceramic goods, retorts, tubes etc nesoi
6904 ceramic building bricks, flooring blocks, tile etc
6905 roofing tiles, chimney pots, cowls, ch liners etc
6906 ceramic pipes, conduits, guttering & pipe fittings
72
8422 machines, dishwash, clean etc cont & fill, pak etc
8423 weighing machines & weighing machine weights, pts
8424 mech appl to disperse liq etc, sand etc blast mach
8425 pulley tackle & hoists (exc skip), winch etc, jaks
8426 derricks, cranes, mobile lifting frames etc
8427 fork-lift trucks, other works trucks with lifts etc.
8428 lifting, handling, loading & unload machines nesoi
8429 self-propelled bulldozers, graders, scrapers etc
8430 mach nesoi, moving, grad etc, pile-dr, snowplow etc
8431 parts for machinery of headings 8425 to 8430
8432 agricult etc mach for soil etc, lawn rollers, pts
8433 harvest etc machines, cleaning eggs etc nesoi, pts
8434 milking machines & dairy machinery & parts
8435 presses etc for wine, cider, fruit juice etc, pts
8436 agri etc & poultry etc equip, inc incubators, pts
8437 mach for cleaning seed etc & work cereal etc, pts
8438 mach nesoi, ind prep of food or drink etc, parts
8439 mach for making pulp & making/finishing paper, pts
8440 bookbinding machinery, incl book-sewing, parts
8441 mach for making up pulp & paper, inc cutters, pts
8442 mach etc nesoi for typeset, making pr plates etc
8443 printing machinery, machines ancil to printing, pt
8444 machines extruding, drawing etc manmade textiles
8445 machines for preparing textile fibers & yarns
8446 weaving machines (looms)
8447 machines, knitting, stitch-bond, lace, net etc.
8448 auxiliary machinery for use with textile machines
8449 mach for manuf or finish nonwovens, hat blocks, parts
8450 washing machines, household- or laundry-type, pts
98 AGRIC, CONSTRUCTION, TRANS, ELECTRIC/ GAS/ SANITARY, ENG & MGMT &
ENVIR.QUALITY
9801 soil preparation services
subheadings for the monitoring and control of certain products of bamboo and rattan,
requested by the International Network for Bamboo and Rattan (INBAR).
Nearly one-half of the world's population lives at risk of malaria. The HS 2017
amendment aims at detailed information for several categories of products that are used
as antimalarial commodities.
The HS 2017 Edition also introduces new subheadings for specific chemicals controlled
under the Chemical Weapons Convention (CWC), for certain hazardous chemicals
controlled under the Rotterdam Convention and for certain persistent organic pollutants
(POPs) controlled under the Stockholm Convention. Furthermore, at the request of the
International Narcotics Control Board (INCB), new subheadings have been introduced
for the monitoring and control of pharmaceutical preparations containing ephedrine,
pseudoephedrine or nor ephedrine, and for alpha-phenylacetoacetonitrile (APAAN), a
pre-precursor for drugs.
Other amendments resulted from changes in international trade patterns. Headings 69.07
(unglazed ceramic products) and 69.08 (glazed ceramic products) were merged to take
account of the fact that the main subheadings within these headings concern products
which are essentially no longer manufactured, and the industry and trade no longer make
a distinction between unglazed and glazed ceramic products, whilst new products with a
very high trade volume are classified under subheadings 6907.90 and 6908.90 ("Other").
Furthermore, for purposes of adapting the HS to current trade practices, certain
important products will be separately identified in either existing or new subheadings.
Advances in technology are also reflected in the amendments; inter alia, the size criteria
for newsprint, light-emitting diode (LED) lamps, multi-component integrated circuits
(MCOs), and hybrid, plug-in hybrid and all-electric vehicles.
Finally, the amendments include clarification of texts to ensure uniform application of
the nomenclature, for example, the regrouping of monopods, bipods, tripods and similar
articles in a new heading, namely 96.20.
The recommendation to amend the name "Imbuia" in the text of subheading 4407.22 will
not take effect on 1 January 2017 due to an objection having been lodged by one of the
Contracting Parties to the HS Convention. It has become clear that the pilot name
"Imbuia" is correct.
Section I
Art.1 Publication and availability of information
Art.2 Consultation
Art.3 Advance ruling
Art.4 Appeal/Review procedures
Art.5 Other measures for transparency etc.
Art.6 Fee and Charges
Art.7 Release and Clearance of goods
Art.8 Border Agency Cooperation
Art.9 Movement of goods intended for import
Art.10 Formalities
Art.11 Transit
Art.12 Customs cooperation
Section II
Special and Differential Treatment for Developing Countries and Least-Developed Countries
Assistance for Capacity Building
Section III
Institutional arrangements and final provisions
Committee on Trade Facilitation
National Committee on Trade Facilitation
Final provisions
Mercator Programme
The Mercator projection enabled mariners to plot straight courses and take correct
compass readings, thus supporting trade. Just as the cartographer Gerardus Mercator
provided the tools which became fundamental to understanding the world and which
ultimately led to increased interconnectivity, so will the World Customs Organization
(WCO) Mercator Programme increase global interconnectivity, expand trade volumes
and enhance economic competitiveness by providing tailor-made assistance for
implementing trade facilitation measures. The Mercator Programme also supports
Members preparation for implementing the World Trade Organization (WTO) Trade
Facilitation Agreement (TFA).
Dual-track approach
(1) Tailor-made track
The Mercator Programme matches needs of recipient Members and interested donor
institutions. Taking into consideration the results of WCO, WTO and/or other
organizations needs assessments, as well as the results from self-assessments and Time
Release Studies (TRS), developing countries and LDCs may submit their requests for
assistance to the WCO Capacity Building Directorate (capacity.building@wcoomd.org)
at any time. The WCO Regional Capacity Building Offices (ROCBs) may assist
Members in this respect. Interested development partners and donor institutions may
contact the WCO Office of External Relations (external.relations@wcoomd.org) with
regard to further cooperation, including financial support for technical assistance and
capacity building projects.
The WCO will develop the tailor-made technical assistance projects together with donor
institutions and recipient Members. The WCO will identify appropriate Customsaccredited experts from its Customs network. The WCO ensures results-based
management support activities in the area of TRS and Performance Measurement as part
of the monitoring.
(2) Overall track
The Mercator Programme encompasses all relevant WCO instruments and tools in
support of trade facilitation, such as the RKC, SAFE Framework of Standards, Time
Release Study and WCO Data Model. Further tools like the Customs and Business
Partnership Guidance and the new Transit Handbook will be released soon. It also
provides Member trade facilitation practices and experiences.
All stakeholders, including the private sector, may access the TFA Implementation
Guidance, an online Web resource (http://www.wcoomd.org/en/topics/wcoimplementing-the-wto-atf/atf.aspx). Customs administrations are encouraged to share
their experiences with the WCO.
Implementation Guidance
The World Customs Organization (WCO), an intergovernmental organization specially
mentioned in the Bali Ministerial Declarations, is highlighting its role in the implementation
and administration of the WTO Agreement on Trade Facilitation (TFA). The WCO, the centre
of excellence on Customs matters world wide, is committed to the efficient implementation
of the TFA.
Capacity Building
Enhancing connectivity and integration between Arab countries
A regional Workshop on the technical model of cross border operations for better
connectivity among Arab countries was held in Amman, Jordan during the period 26-27
January 2015 with the participation of the UNDP, the WCO, the Arab League, the Islamic
Development Bank and representatives from Turkey, Jordan, Saudi Arabia, Egypt and Sudan
to discuss the way to improve the performance of cross-border operations in the four
countries.
The workshop aimed to enhance connectivity and integration between Arab countries through
improvements in their infrastructure and simplification of administrative and customs
procedures. Participants discussed the need to provide support to policy makers to strengthen
their capabilities in the area of simplification of cross border procedures and the reduction of
their duration. They also emphasized the need to promote the exchange of good practices in
the field of logistics and supply chains as well as the cooperation between the private sector
and governments.
The workshop discussed over two days, the new opportunities of cooperation between Egypt,
Jordan, Saudi Arabia, Sudan and other countries in the region in light of the WTO trade
facilitation agreement and relevant international standards and conventions. The event also
focused on implementing coordinated border management and enhancing the electronic
exchange of data between the countries in the region for a better management of cross-border
operations.
Participants recognized the crucial role the WCO is playing in this respect and agreed the
need to ensure a harmonized implementation of trade facilitation solutions by using core
WCO instruments and tools.
Conclusion
From the above study we can conclude that HS convention of WCO has played a vital
role in reducing corruption. It has improved the transparency in the international trade
and has standardized the nomenclature for commodities across the world. We came to
know that how the six digit code is created and what is the importance of every digit
WCO has improved its capacity building programed in both the HS and TFA sectors
(under the guidance of WTO).
TFA has taken many useful steps in order to facilitate international trade