Introduction to customs classification rules

What is customs classification?

When completing the customs declaration, you must specify the commercial designation of your goods with the corresponding tariff heading. Defined in Article 28 of the national Customs Code, the tariff heading is the designation assigned to the goods in the common customs tariff. This tariff contains nearly 15,500 classification headings. At both import and export, the tariff nomenclature determines, for example:
  • customs duty rates,
  • commercial policy measures (such as tariff suspensions, anti-dumping duties, quotas),
  • safety standards, as well as sanitary or phytosanitary requirements or other types of formalities,
  • prohibition or embargo measures,
  • the common agricultural policy (CAP),
  • internal taxation.
It also allows for the compilation of foreign trade statistics.

Importance of customs classification

At both import and export, this classification is crucial for businesses, as it determines customs duty rates, commercial policy measures (such as tariff suspensions, anti-dumping duties, and quotas), safety standards, as well as sanitary, phytosanitary, or other formalities. Additionally, it governs prohibition measures or embargoes, the common agricultural policy (CAP), internal taxation, and the compilation of foreign trade statistics.

Basic principles of customs classification

Harmonized System (HS)

The first 6 digits of the nomenclature represent the Harmonized System (HS) position, a system for the designation and coding of goods applicable worldwide. The HS ensures a methodical and uniform classification of goods subject to international trade, thus allowing for a precise comparison of their trade flows. Used by 195 countries, this system covers over 95% of global trade. The Harmonized System was developed by the World Customs Organization (WCO) and is periodically revised to reflect changes in trade practices and technological innovations. It is essential for governments and businesses because it facilitates international trade by reducing non-tariff barriers and harmonizing customs practices.

Combined Nomenclature (CN)

The Combined Nomenclature (CN), defined at the European level, consists of 8 digits. The first six digits correspond to the Harmonized System (HS), which is used globally for the classification of goods. The two additional digits are specific to the European Union (EU) and allow for a more precise distinction of products for tariff and statistical reasons. The CN is crucial for several reasons. First, it determines the customs duties on imports into the EU, ensuring that tariffs are applied in a consistent and fair manner. It also allows for tracking and analyzing trade flows by providing detailed data for the compilation of foreign trade statistics. These statistics are essential for policy makers and businesses because they offer a clear view of trade trends, volumes exchanged, and the EU’s trade partners. In addition to these functions, the CN plays a role in implementing trade policy measures, such as quotas, tariff suspensions, and anti-dumping duties. It is also used for security and public health requirements, such as sanitary or phytosanitary formalities, and to enforce prohibition or embargo measures. Furthermore, it is essential for the common agricultural policy (CAP) and internal taxation, ensuring a uniform application of regulations across all EU member states.

TARIC (Integrated Tariff of the European Community)

The Integrated Tariff of the European Communities (TARIC) is defined at the community level and is an essential tool for trade within the European Union. It consists of 10 digits, each with a specific meaning for the classification and management of goods. The last two digits of the TARIC code are used for the application of specific trade policy measures. These measures may include tariff suspensions, tariff preferences granted under bilateral or multilateral trade agreements, prohibitions on certain products, requirements for import licenses, and anti-dumping duties designed to protect European industries from low-priced imports.

Customs classification procedure

Steps in the classification of goods

The tariff classification of goods is carried out in accordance with the provisions of the common customs tariff, as defined by the Council Regulation (EEC) 2658/87. This regulation, which is updated annually, includes general interpretative rules, position and sub-position descriptions, as well as section and chapter notes.

Use of the HS explanatory notes

The World Customs Organization (WCO) publishes the Harmonized System Explanatory Notes (HSEN). Although they do not have legal force, these notes are an essential tool for the interpretation and harmonization of the 6-digit HS nomenclature. The WCO also publishes specific classification opinions for certain goods, which also do not have legal force. The European Union, on its part, publishes the Explanatory Notes of the combined nomenclature (NENC) at 8 digits. These notes are crucial for the interpretation of the combined nomenclature and are published in series C of the Official Journal of the European Union (OJEU). Additionally, the European Commission publishes specific classification regulations for certain goods, which have legal force.

Consultation of databases and online tools

The EBTI (European Binding Tariff Information) database of the European Commission contains all valid Binding Tariff Information (BTI) issued in the EU member states. You can search by keyword or description content to check if goods similar to yours have already been classified by the customs authorities.

Example and practical cases

Here is an example of how to identify the customs classification of a guitar: You are a guitar manufacturer and want to determine the applicable customs classification for your products:
  • Section 18: Instruments and apparatus for optics, photography or cinematography, measuring, control, or precision instruments; medical-surgical instruments and apparatus; watches; musical instruments; parts and accessories of these instruments or apparatus.
  • Chapter 92: Musical instruments; parts and accessories of these instruments.
  • HS Code: 92 02 00 00 00 – Other stringed musical instruments (including guitars, violins, harps, etc.)
  • Subheading: 92 02 90 00 00 – Other
  • Sub-subheading: 92 02 90 30 00 – Guitars
Thus, the HS code for your guitars is 92 02 90, the CN code is 92 02 90 30, and the TARIC code is 92 02 90 30 00.