10. Structure of a chapter - legal notes

10.8. Definitional notes

As the name implies, definitional notes are legal notes that define terms. They amplify and explain terms.

Most notes of this type normally commence:

The opening phrases to watch for definitional notes

Opening phrase

Where it applies

Example

‘Throughout this Nomenclature…’

Across the entire Nomenclature.

Note 3 to Section XV directs ‘Throughout this Nomenclature, the expression “base metals” means…’

‘In this Chapter [or Section] …’

Only within the specified chapter or section.

Note 1 to Section II directs ‘In this Section the term “pellets” means…’

‘For the purposes of heading…’

Only within the named heading.

Note 4 to Chapter 70 directs ‘For the purposes of heading 70.19, the expression “glass wool” means…’

The notes then proceed to give a definition or special meaning for the purpose of the Nomenclature. This definition must be followed, even though it may differ in some way from the understanding of the ordinary meaning.

It is important to realize that in some instances this definition or meaning may be contrary to the word’s recognized meaning or trade meaning.

 

Example: Definitional notes – how a “suit” is defined

For example, Note 3 to Chapter 61 (and 62) defines a suit. The trade meaning and the Nomenclature meaning are not the same.

Clothing industry / trade meaning

HS Nomenclature meaning (Note 3 to Ch. 61/62)

A man’s suit may include:

•    Coat

•    Waistcoat

•    Two pairs of trousers

The second pair of trousers need not even be of the same material.

A suit includes only:

•    Coat

•    Waistcoat

•    One pair of trousers

All garments must be of the same fabric, style, color and composition, in effect, made from almost the same roll of cloth.

 Legal notes have only that meaning, which is expressed in them, no other.