One of the most fundamental question in customs is the classification of goods according to the commodity nomenclature of foreign economic activity (hereinafter - HS). The size of customs duties depends on HS code of the product, as well as the question of the application of non-tariff regulation of foreign trade (prohibitions and restrictions). In this regard, it is essential to classify the goods correctly, taking into account the rules of interpreting the HS, following the notes of the sections and groups, and taking into account different characteristics of the goods, its purpose, method of production, and others.
In accordance to the current customs legislation, a declarant or customs representative defines and states product code while declaring the product. Customs authorities implement the checking of the correctness classification in accordance to HS. Customs authority performs classification by itself in case of wrong classification of the product.
Herewith, stating of wrong HS code can cause not only changing of custom tariff rate, and application of prohibitions and limitations, but bringing to administrative or even criminal liability of the declarant (customs representative).
It should be noted, that only code stated in customs declaration has legal value for customs authorities. Codes, mentioned in approval documents (licenses, certificates or declarations of conformity, notifications, etc), and other documents, provided in addition to the customs declaration are not mandatory for product classification.
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