Order of Inquiry
The order of inquiry is the legally mandated sequence in which the General Rules of Interpretation must be applied to every HTSUS classification. GRI 1 is applied first; GRI 2, 3, 4, 5, and 6 are invoked only when the preceding rule fails to resolve classification. Applying rules out of sequence — or skipping a rule — is a classification error regardless of whether the final code is correct.
In Detail
The sequential structure of the GRI is not procedural guidance — it is law. GRI 1 resolves classification by the terms of the headings and applicable notes. Only when GRI 1 genuinely fails to yield a single, unambiguous classification may GRI 2 be considered. GRI 2(a) addresses incomplete or unfinished goods; GRI 2(b) extends heading coverage to mixtures and combinations. If GRI 2 does not resolve classification, GRI 3 addresses goods prima facie classifiable under two or more headings — applying three sequential sub-rules: most specific description, essential character, and last in numerical order. GRI 4 covers the rare case where no heading closely describes the goods. GRI 5 addresses containers and packaging. GRI 6 governs subheading classification.
The order of inquiry has a critical practical implication: a classifier cannot invoke GRI 3 without first demonstrating that GRI 1 failed and that GRI 2 either does not apply or also failed to resolve classification. CBP and the Court of International Trade have consistently held that a classification analysis that skips this sequence is legally deficient, even if the final code happens to be correct. The correct answer reached by the wrong method does not satisfy the reasonable care standard.
GRI 6 stands apart in the sequence. After completing the GRI 1–5 analysis to resolve the heading, GRI 6 requires a separate, parallel GRI 1–5 analysis at the subheading level. The subheading determination is not a continuation of the heading analysis — it is a new inquiry, constrained to subheadings within the resolved heading and governed by GRI 6’s instruction to apply GRI 1–5 mutatis mutandis.
Classification Significance
A classification without documented order-of-inquiry compliance is difficult to defend at audit. If CBP asks why a product was classified under GRI 3, the importer must be able to show that GRI 1 was applied and failed, and that GRI 2 was considered. Undocumented GRI analysis is the most common gap in importer classification records and the most common finding in CBP focused assessments.
How Kanon Handles This
Kanon applies GRI 1 through GRI 6 in the legally required sequence for every classification. Each rule’s application is documented: whether GRI 1 resolved classification, and if not, which subsequent rule was applied and why. This sequential documentation is a core feature of the Classification Support Package, designed specifically to satisfy CBP’s reasonable care expectations.