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7. What are the obligations of Member States?

Each Member State shall abide by the HS Code and shall apply the AHTN, up to the 8-digit level for all

trade transactions for tariff, the collection of statistical data and other purposes.

Amendments to the AHTN shall only be made in accordance with Article 5 (Amendments of the AHTN)

and Article 6 (Amendment Procedures) of the Protocol.

8. What are the reasons for amending the AHTN? In what instances may the AHTN be amended?

Amendments to the AHTN maybe effected for the following reasons or instances:

a. when there is an amendment to the HS Code and/or description

b. when there is amendment to the ASEAN subheadings in the AHTN for the purposes of simplification

c. when there is amendment arising from the requirements of Member States, changes in technology, etc.

9. How do countries provide for national subdivisions?

a. Beyond the 8-digit AHTN level, each Member State could create new national subheadings or through

domestic procedures. In the interim, the Philippines shall be assigning alpha-numeric codes to denotenew subheadings, e.g.:

Heading Tariff Code DescriptionRate of Duty (%)

2002 2003 2004

25.19

Natural

magnesium

carbonate

(magnesite); fused

magnesia; dead-burned (sintered)

magnesia whether

or not containing

small quantities of

other oxides

added before

sintering; other

magnesium oxide,

whether or not

pure

2519.10 00

- Natural

magnesiumcarbonate

(magnesite)

3 3 3

2519.90 00 - Others:

A. Fused

Magnesia1 1 1

B. Dead-burned

(sintered)1 1 1

C. Other 3 3 3

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b. To incorporate newly created national subheadings in the AHTN, proposals for amendments shall be

made by Member States to the ASEAN Directors-General (ADG) of Customs through the ASEAN

Secretariat.

c. The ADG of Customs shall be the forum to allow amendments to the AHTN. The ADG of Customs

may convene an experts panel consisting of representatives from all the Member States. The

Decisions of the ADG of Customs shall be made by consensus.

10. What are the Institutional Arrangements overseeing the AHTN Protocol?

a. The ASEAN Directors-General (ADG) of Customs shall be responsible for monitoring, reviewing,

supervising all aspects relating to the implementation of the AHTN Protocol.

b. The ASEAN Finance Ministers Meeting shall be the forum for all decisions relating to the

implementation of the AHTN Protocol.

c. The ASEAN Secretariat shall provide the necessary support for supervising, coordinating and

reviewing the implementation of the AHTN Protocol and shall assist the ADG of Customs on

matters relating thereto. The ASEAN Secretariat shall have the responsibility of assisting the

experts panel, and assisting Member states in monitoring and reviewing the AHTN.

11. What were the criteria used for classification in the AHTN?

a. Classifications should not be provided where the tariff rates for groups of ASEAN subheadings are

equal in the respective Member States

b. Classifications should be provided where the significance in trade for a subheading for a Member

State is high

c. Classifications should reflect a single, unique code for a defined commodity to avoid ambiguous

criteria for Classification

d. Classifications can be based on the criteria which has been utilized by a majority of Member

States

e. Classifications for national statistical and other non-tariff-purposes may be dealt with at the

national level, at the 8-digit level and beyondf. Classifications should take into account international conventions

g. Classifications based on seasonal tariff rates should be dealt with through domestic procedures of

the affected Member State

h. Classifications, other than the above, for tariff purposes, and which is country-specific should be

dealt with in accordance with the procedures in Article 5 and 6 of the Protocol. In this case, efforts

should be made to establish common regional criteria for affected subheadings to avoid

proliferation of tariff lines

i. Classifications can be created for the purposes of tariff reduction and these may be reflected as

an extraction of the AHTN subheading as a transitional measure.

12. What other publications to complement the AHTN?

a. Supplementary Explanatory Notes (SEN) a compilation of the official interpretation of the

ASEAN subheadings.

b. Alphabetical Indexan alphabetical electronic list of the articles mentioned in the AHTN and the

SEN. It facilitates the location of references in the AHTN or the SEN to any of the products or

articles mentioned therein.

c. Correlation Table an essential guide for the transposition of the HS2002 6-digit HS-based Code

to the 8-digit AHTN