Amendments to the Harmonized System Explanatory Notes

Transcription

1 Amendments to the Harmonized System Explanatory Notes The following list contains the decisions taken by the Harmonized System Committee (30 th Session November 2002) concerning amendments to the Harmonized System Explanatory Notes. This publication will be updated regularly. The Harmonized System Explanatory Notes are published by WCO in 4 volumes and reflect the official interpretation of the Harmonized Commodity Description and Coding System. They also contain the text of the Subheading Explanatory Notes indicating the scope and content of certain of the Harmonized System Subheadings. The Explanatory Notes are available in English and French, the two official languages of the WCO, and can be ordered directly (see Publications on this Web site). They are also available on-line. The amendments listed below are reproduced in the order of the current pages concerned and will be incorporated into the aforementioned WCO publications in due time by replacing the pages affected by the amendments made. Advice Parties seeking to import or export merchandise covered by a decision are advised to verify the implementation of the decision by the importing or exporting country, as the case may be. o o o 1. CHAPTER Page 122. Heading Third and fourth paragraphs. Delete these paragraphs. 2. Page 137. Heading Item (A). Second paragraph. Third line. Delete fish or whale oil and substitute oil of marine animals". 2. CHAPTER 28. Page 271. Heading Part (C). Item (5). First and second paragraphs. Silicon is obtained almost exclusively by carbothermal reduction of silicon dioxide using electric arc-furnaces. It is a poor conductor of heat and electricity, is harder than glass, and is put up as a chestnut-coloured powder or, more often, in shapeless lumps. It crystallises as grey needles with a metallic lustre. Silicon is one of the most important materials used in electronics. Very

2 pure silicon, obtained by, for example, crystal pulling, may be in forms unworked as drawn, or in the form of cylinders or rods; when doped with boron, phosphorus, etc., it is used for the manufacture of, for example, diodes, transistors and other semi-conductor devices and solar cells. Silicon is also used in metallurgical industries (e.g., ferrous or aluminium alloys), and in chemistry for the preparation of silicon compounds (e.g., silicon tetrachloride)." 3. CHAPTER 29. Page 458. Heading Subheading Explanatory Note to subheadings , and Title. "Subheadings , and ". 4. CHAPTER 32. Page 604. Heading Part B. Item (3). Last line. Delete exclusion (d) and substitute exclusion (e). Page 609. Heading Part (I). Item (11). Third line. 5. CHAPTER 38. Page 674. Heading Last paragraph. Exclusion (b). First line. 6. CHAPTER 44. Page 811. Heading Third paragraph. Exclusion (d). French version only. Page 816. Heading New second paragraph. Insert the following new second paragraph : Page 817. Heading New first paragraph.

3 Before Part (I), insert the following new paragraph : Page 819. Heading New second paragraph. Insert the following new second paragraph : Page 820. Heading New second paragraph. Insert the following new second paragraph : Page 821. Heading New second paragraph. Insert the following new second paragraph : Page 821. Heading New second paragraph. Insert the following new second paragraph : Page 822. Heading New third paragraph. Insert the following new third paragraph : The articles of this heading may be made of ordinary wood or of particle board or similar board, fibreboard, laminated wood or densified wood (see Note 2. Present third paragraph. Item (3). First line.

4 Delete joiners benches; and substitute joiners benches; tables with a screw device for holding the cross threads, used in the hand sewing of books;. 3. Present third paragraph. Item (3). Second line. Delete fencing panels; and substitute fencing panels; level crossing gates;. 4. Present third paragraph. Item (3). Third line. Delete coat or skirt hangers; and substitute clothes hangers;. 5. Present third paragraph. (Item (3). Last line. Delete oars, paddles; and substitute oars, paddles, rudders;. Page 823. Heading First paragraph. New Items (9) and (10). Insert the following new Items (9) and (10) : (9) Panels consisting of laths of roughly sawn wood, assembled with glue in order to facilitate transport or later working. (10) Moulded wood built up by superimposing a moulding on another piece of moulded or unmoulded wood (other than that of heading 44.18). 7. CHAPTER 48. Page 875. Heading Fifth paragraph. Item (B) (5). (5) Bond paper, duplicating paper, mimeograph paper, typewriter paper, onionskin, manifold and other paper for office or personal stationery, including paper of a kind used in printers or in photocopying apparatus;. Page 884. Heading Second paragraph. Second line. Delete purposes and substitute purposes, including such paper of a kind used in printers or in photocopying apparatus. Page 885. Heading First paragraph (exclusions). New exclusion (d). Insert the following new exclusion (d) : (d) Copying papers of heading or Reletter present exclusions (d) to (g) as (e) to (h), respectively.

5 8. CHAPTER 59. Page Heading Last paragraph. Exclusion (a). Bracketed text. "(classified with that machine or apparatus e.g., Section XVI)". 9. CHAPTER 62. Page Heading Item (4). Delete, whalebone. 10. CHAPTER 63. Page General. Item (1). Fourth paragraph. Where, however, the presence of these other materials constitutes more than mere trimming or accessories, the articles are classified in accordance with the relative Section or Chapter Notes (General Interpretative Rule 1), or in accordance with the other General Interpretative Rules as the case may be. Page Heading New item (28). Insert the following new item (28) : (28) Nonwoven articles, cut to a specific shape, coated on one side with an adhesive protected by a sheet of paper or other material and designed to adhere around the lower part of the breast in order to form or shape the breast. 11. CHAPTER 70. Page Heading Third paragraph. 1. First line. 2. Second line. Insert the word irrigators before "nozzles". 3. Fourth line.

6 4. Fifth line. Delete Spools" and substitute Spools and reels. 12. CHAPTER 84. Page Heading First paragraph. First sentence. Delete the full stop at the end of the first sentence and substitute :, which are normally used in the household, commercial laundries, hospitals, etc., to clean linens, finished goods, etc. Page Heading Part (A). Item (1). New second sub-paragraph. Insert the following new sub-paragraph : "This heading covers industrial washing machines used during the manufacturing process of fabrics and textiles, in which the equipment is used in finishing or to remove sizing from the manufactured goods. Page Heading Item (4). New third paragraph. Insert the following new exclusion paragraph : Telephone system repeaters are excluded (heading 85.17). Page Heading Third paragraph. Insert the following new ninth example : "(9) Electronic memory modules (e.g., SIMMs (Single In-line Memory Modules) and DIMMs (Dual In-line Memory Modules)) suitable for use solely or principally with automatic data processing machines, not consisting of discrete components as required by Note 5 (B) (c) to Chapter 85, and not having an individual function." 13. CHAPTER 85. Page General. Part (A). New fourth paragraph before the exclusions. Insert the following new fourth paragraph : It should be further noted that certain electronic memory modules (e.g., SIMMs (Single In-line Memory Modules) and DIMMs (Dual In-line Memory Modules)) which do not consist of discrete components as required by Note 5 (B) (c) to Chapter 85, cannot be regarded as microassemblies or micromodules of heading As these modules do not have an individual function, they are therefore to be classified by application of Note 2 to Section XVI, as follows :

7 a) modules suitable for use solely or principally with automatic data processing machines are to be classified in heading as parts of those machines, b) modules suitable for use solely or principally with other specific machines or with a number of machines of the same heading are to be classified as parts of those machines or groups of machines, and c) where it is not possible to determine principal use, the modules are to be classified in heading " Page Heading Part (I). First paragraph. Second sentence. They are used for many purposes (melting, annealing, tempering, enamelling, welding, heat treatment of welds, etc.). Page Heading New exclusion (m). Insert the following new exclusion (m) after exclusion (l) : (m) Local area network (LAN) repeaters (heading 84.71). Page Heading Second paragraph. Delete incorporating a sound recording device and substitute incorporating a sound recording device (e.g., an internal memory in the form of a flash memory or a hard disk). Page Heading Second paragraph. Last line. (compact disc players) and sound reproducing apparatus which only reproduces from an external sound recording medium (e.g., flash memory cards). Page Heading New fourth paragraph. Insert the following new fourth paragraph : The term sound recording also includes recording by methods other than those making use of the effects of acoustic vibrations, e.g., by recording data sound files, downloaded from an Internet page or a compact disc by an automatic data processing machine, onto the internal memory (e.g., flash memory) of a digital audio device (e.g., MP3 player). Page Heading Part (B). Second paragraph. New Item (5).

8 Insert the following new Item (5) : (5) Portable, battery operated apparatus consisting essentially of a housing incorporating a flash memory or a hard disk, a microprocessor, an electronic system including an audio-frequency amplifier, an LCD screen and control buttons. The microprocessor is programmed to use MP3 or similar file formats. The apparatus has connectors for stereo head- or earphones, and can be connected to an automatic data processing machine for downloading MP3 or similar files. It may have a built-in microphone or an additional flash card slot. The heading does not cover apparatus which only reproduces sound from an external sound recording medium (e.g., flash memory cards) (heading 85.19). Page Heading Fourth paragraph. "This is the case, in particular, for certain electronic memory modules (e.g., SIMMs (Single In-line Memory Modules) and DIMMs (Dual In-line Memory Modules)) not consisting of discrete components as required by Note 5 (B) (c) to this Chapter. Those modules cannot be regarded as microassemblies or micromodules of heading 85.42, and are to be classified by application of Note 2 to Section XVI. (See the General Explanatory Note to this Chapter)." 14. CHAPTER 87. Page Heading New Item (8). Insert the following new Item (8) : (8) Pedal-driven bicycle-like scooters designed to be ridden by children, youngsters and adults, with bicycle-type adjustable steering column and handle-bar, inflatable wheels, frame and hand brakes, equipped with a single pedal attached to a chain and sprocket system. Page Heading First paragraph. 2. Second paragraph. Last line. After the word hand, insert, to be pushed by foot. Page Heading Part (B). 1. Title.

9 (B) Hand- or foot-propelled vehicles 2. New item (9). Insert the following new item : (9) Kicksleds, propelled by the direct pressure of the rider's foot on the snow covered ground, designed particularly for the transport of persons in subarctic regions. 15. CHAPTER 89. Page Heading First paragraph. Third line. trawlers and tuna fishing vessels. 2. Second paragraph. Delete processing whales,. 16. CHAPTER 95. Page Heading Item (A)(2). (2) Two- or three-wheeled scooters designed to be ridden by children, as well as youngsters and adults, with an adjustable or non-adjustable steering column and small solid or inflatable wheels. They are sometimes equipped with a bicycle-type handle-bar, a hand brake or a foot brake on the rear wheel. 17. CHAPTER Page Heading Item (VIII). Delete whalebone and substitute bone. 2. Page Heading Item (A). Second line. 18. CHAPTER 97. Delete "or whalebone".

10 Page Note 5. Second sentence.