BINDING PRE-ENTRY CLASSIFICATION INFORMATION [ S.L.337.44 1
SUBSIDIARY LEGISLATION 337.44
BINDING PRE-ENTRY CLASSIFICATION 
INFORMATION REGULATIONS
14th April, 2000
LEGAL NOTICE 66 of 2000.
Citation. 
Classification Information Regulations.
Issue of binding 
pre-entry 
classification 
information.
2. The Comptroller of Customs shall issue binding pre-entry
classification information in accordance with the procedures and
conditions laid down in the First Schedule on the appropriate form
appearing in the Second Schedule.
Application form.
information shall be submitted on the appropriate form appearing
in the Second Schedule.
2 [ S.L.337.44 BINDING PRE-ENTRY CLASSIFICATION INFORMATION
FIRST SCHEDULE
(Regulation 2)
1. The Comptroller of Customs shall issue Binding Pre-entry Classification
Information on written request submitted by the applicant on the appropriate form. A
separate application form shall be used for each product for which a Binding Pre-
entry Classification Information is requested.
2. The information shall be communicated in writing to the applicant as soon
as possible but not later than three months from the date of the application.
3. Binding Pre-entry Classification Information shall be binding on the
Customs authorities with regard to the holder of the information only in respect of
the tariff classification of goods.
4. Binding Pre-entry Classification Information shall be binding on the
Customs authorities only for goods on which Customs formalities are completed
after the date on which the information was supplied by them. The information thus
supplied will not impose any obligations on the Customs authorities with respect to
customs formalities completed before the said date.
5. The holder of a Binding Pre-entry Classification Information must prove
that the goods imported correspond to those described in the Binding Pre-entry
Classification Information in every respect.
6. Binding Pre-entry Classitication Information shall be valid for a period of
six years from the date of issue. It shall be annulled where it is based on inaccurate
or incomplete information from the applicant.
7. Binding Pre-entry Classification Information shall cease to be valid:
( a ) where it is no longer compatible with the interpretation of the
Harmonised Commodity Description and Coding System (HS) or by
reason of a classification opinion or an amendment to the Explanatory
Notes to the HS adopted by the World Customs Organisation; in that
case the date on which Binding Pre-entry Classification Information
ceases to be valid shall be the date of publication of the said measures;
( b ) where the holder is notified of its withdrawal, revocation and
amendment because of further details that have been obtained and
which affect such Binding Pre-entry Classification Information.
8. The holder of Binding Pre-entry Classification Information which ceases to
be valid pursuant to paragraph 7 may still use that information for a period of six
months from the date of the publication or notification provided that he concluded a
binding contract for the purchase of the goods in question, on the basis of the
Binding Pre-entry Classification Information issued before that tariff classification
measure was adopted. The Customs authorities may extend the period of six months
whenever it is felt that it is necessary and just to enable the holder to complete
binding contracts entered into on the basis of the Binding Pre-entry Classification
Information.
9. The classification in a Binding Pre-entry Classification Information may be
applied, on the conditions laid down in paragraph 8, only for the purpose of
completing import or export documents.
10. Binding Pre-entry Classification Information is provided free of charge.
However, where costs are incurred by the Department of Customs in analysis or
obtaining expert advice, these costs shall be charged to the applicant.
BINDING PRE-ENTRY CLASSIFICATION INFORMATION [ S.L.337.44 3
SECOND SCHEDULE
Regulation 3
FORM BPCI 01
DEPARTMENT OF CUSTOMS
BINDING PRE-ENTRY CLASSIFICATION INFORMATION (BPCI)
l. BPCI Reference: 2. Date of start of validity:
3. Holder (name and address): 4. Classification of goods in the Customs
Nomenclature:
Important Notice
The BPCI remains valid for a period of six
years as from the date of start of validity.
The information supplied will be stored in a
data base of the Department of Customs.
The holder shall have the right to appeal
against this BPCI.
5. Description of the goods:
6. Commercial denomination and additional information (confidential):
7. Justification of the classification of the goods:
8. This BPCI has been issued on the basis of the following material provided by the
applicant:
Description  þ Brochures  þ Photos  þ Samples  þ Other  þ
DateSignature Stamp
4 [ S.L.337.44 BINDING PRE-ENTRY CLASSIFICATION INFORMATION
FORM BPCI 02
APPLICATION TO THE DEPARTMENT OF CUSTOMS FOR
BINDING PRE-ENTRY CLASSIFICATION INFORMATION (BPCI)
(please read notes overleaf before completing)
l. Applicant : (Name and surname in full) 2. Designated Holder of the BPCI :
(Name and Address in full)
(Only if different from Box 1)
3. Description of Goods :
(See also Box 4)
4. Composition of Goods :
(See note overleaf)
5. Enclosures being submitted to assist with tariff classification of the goods : (tick
"X")*:
Samples  þ Photographs  þ Diagrams  þ Brochures  þ Other  þ
*Indicate any particulars in respect of which confidentiality is being sought
6. Classification envisaged by applicant : Nomenclature Code No.: ............................
7. Have you previously imported/exported identical or similar goods?
Yes  þ No  þ (tick "X")
If yes, please give details .........................................................................................
I declare that the information provided in this application is true and complete to the best
of my knowledge.
I agree to supply a translation of any document if so requested, and I accept that the
information supplied, save for those particulars indicated as being confidential, may be stored
on a data base of the Department of Customs and used for the purposes of the Binding Pre-
Entry Classification Informatiion Regulations.
Name: ......................................... Signature: ................................. Date: ..........................
(BLOCK CAPITALS)
Telefone: ................................................ Fax: ................................................................ ..
BINDING PRE-ENTRY CLASSIFICATION INFORMATION [ S.L.337.44 5
NOTES ON COMPLETION OF APPLICATION FORM
All boxes must be completed in black ink and in block capitals. Applications
for Binding Pre-entry Classification Information should be made only in respect of
proposed commercial transactions and should contain all the particulars necessary to
arrive at a classification decision. An application must be in respect of only one type
of goods e.g. goods, products or items relating to a single Customs nomenclature
code.
The completed application form together with any accompanying samples,
etc., should he sent to the Tariff Classification Committee, Department of Customs,
Lascaris Wharf, Valletta CMR 02.
CONFIDENTIALITY: In relation to boxes 3, 4 and 5 in particular, any
information supplied which is to be treated as confidential should be clearly
indicated.
Box I: The applicant may be the actual importer or exporter or agent. If the
applicant is an agent, Box 2 must be completed also in respect of the
designated holder.
Box 3: This description should be sufficiently detailed to enable the goods to
be identilied and classified in the Customs nomenclature. Use
continuation sheet if it is necessary to give further details.
Box 4: The Customs nomenclature sometimes shows subdivisions e.g. in the
case of agricultural products according to the percentage composition of
the goods. In such cases the percentage breakdown should be shown
here. This may also apply for goods which need to undergo laboratory
analysis.
Use continuation sheet if it is necessary to give further details of
composition.
Box 5: Any photographs, samples, literature, etc., which will assist in
classifying the product should be enclosed with the application.
Box 6: Nomenclature code means the ten-digit code of the Maltese Customs
Tariff and any other nomenclature - e.g. the Combined Nomenclature of
the European Union. The applicant is invited to express his view as to
the nomenclature classification appropriate to the goods in question.
Box 7: An indication as the whether the applicant or the proposed holder has
previously imported or exported identical or similar goods should be
given here. Details with regard to that commercial transaction should
also be included.
