CBSA તર્ક
&&Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System and the Canadian Rules set out in the schedule. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Compendium of Classification Opinions and Explanatory Notes to the Harmonized Commodity Description and Coding System (HS).&&&&General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the headings and any relative Section or Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.&&&&In your application for an advance ruling, you suggested tariff classification number 7610.90.00.90. This tariff classification number is incorrect.&&&&The “Maottawa Lumi Rail” is presented as an unassembled, complete aluminum railing system kit.&&&&Heading 76.10 provides for, in relevant part, “parts of structure”. The General Explanatory Notes to this heading state that&&the provisions of the Explanatory Notes to heading 73.08 apply, mutatis mutandis, to this heading.&&&&The Explanatory Note to heading 73.08 states the following:&&“Apart from the structures and parts of structures mentioned in the heading, the heading also includes products such as :&&(…); assembled railings and fencing;”&&&&This good, when assembled, are parts of structures, and characterized by the fact that once they are put in position, they generally remain in the position. As per the Explanatory Notes, this heading includes assembled railings. This good is presented as a complete and unassembled aluminum railing system kit, and meets the terms of heading 76.10, in accordance with GIR 2(a).&&&&The goods are not included in the preceding subheading and are classified as “other”, 7610.90, as per GIR 6. At the tariff item level, the goods are classified as “other”, 7610.90.90, as per Canadian Rule 1.