Archived - Chapter 84 - T2016-3

Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof

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Notes.

1. This Chapter does not cover:

• (a) Millstones, grindstones or other articles of Chapter 68;
• (b) Machinery or appliances (for example, pumps) of ceramic material and ceramic parts of machinery or appliances of any material (Chapter 69);
• (c) Laboratory glassware (heading 70.17); machinery, appliances or other articles for technical uses or parts thereof, of glass (heading 70.19 or 70.20);
• (d) Articles of heading 73.21 or 73.22 or similar articles of other base metals (Chapters 74 to 76 or 78 to 81);
• (e) Vacuum cleaners of heading 85.08;
• (f) Electro-mechanical domestic appliances of heading 85.09; digital cameras of heading 85.25; or
• (g) Hand-operated mechanical floor sweepers, not motorized (heading 96.03).

2. Subject to the operation of Note 3 to Section XVI and subject to Note 9 to this Chapter, a machine or appliance which answers to a description in one or more of the headings 84.01 to 84.24, or heading 84.86 and at the same time to a description in one or other of the headings 84.25 to 84.80 is to be classified under the appropriate heading of the former group or under heading 84.86, as the case may be, and not the latter group.

Heading 84.19 does not, however, cover:

• (a) Germination plant, incubators or brooders (heading 84.36);
• (b) Grain dampening machines (heading 84.37);
• (c) Diffusing apparatus for sugar juice extraction (heading 84.38);
• (d) Machinery for the heat-treatment of textile yarns, fabrics or made up textile articles (heading 84.51); or
• (e) Machinery or plant, designed for mechanical operation, in which a change of temperature, even if necessary, is subsidiary.

Heading 84.22 does not cover:

• (a) Sewing machines for closing bags or similar containers (heading 84.43); or
• (b) Office machinery of heading 84.56.

Heading 84.24 does not cover:

• (a) Ink-jet printing machines (heading 84.43); or
• (b) Water-jet cutting machines (heading 84.56).

3. A machine-tool for working any material which answers to a description in heading 84.56 and at the same time to a description in heading 84.57, 84.58, 84.59, 84.60, 84.61, 84.64 or 84.65 is to be classified in heading 84.56.

4. Heading 84.57 applies only to machine-tools for working metal, other than lathes (including turning centres), which can carry out different types of machining operations either:

• (a) by automatic tool change from a magazine or the like in conformity with a machining programme (machining centres),
• (b) by the automatic use, simultaneously or sequentially, of different unit heads working on a fixed position workpiece (unit construction machines, single station), or
• (c) by the automatic transfer of the workpiece to different heads (multi-station transfer machines).

5. (A) For the purpose of heading 84.71, the expression "automatic data processing machines" means machines capable of:

• (i) Storing the processing program or programs and at least the data immediately necessary for the execution of the program;
• (ii) Being freely programmed in accordance with the requirements of the user;
• (iii) Performing arithmetical computations specified by the user; and,
• (iv) Executing, without human intervention, a processing program which requires them to modify their execution, by logical decision during the processing run.

(B) Automatic data processing machines may be in the form of systems consisting of a variable number of separate units.

(C) Subject to paragraphs (D) and (E) below, a unit is to be regarded as being part of an automatic data processing system if it meets all of the following conditions:

• (i) It is of a kind solely or principally used in an automatic data processing system;
• (ii) It is connectable to the central processing unit either directly or through one or more other units; and
• (iii) It is able to accept or deliver data in a form (codes or signals) which can be used by the system.

Separately presented units of an automatic data processing machine are to be classified in heading 84.71.

However, keyboards, X-Y co-ordinate input devices and disk storage units which satisfy the conditions of paragraphs (C) (ii) and (C) (iii) above, are in all cases to be classified as units of heading 84.71.

(D) Heading 84.71 does not cover the following when presented separately, even if they meet all of the conditions set forth in Note 5 (C) above:

• (i) Printers, copying machines, facsimile machines, whether or not combined;
• (ii) Apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network);
• (iii) Loudspeakers and microphones;
• (iv) Television cameras, digital cameras and video camera recorders;
• (iv) Monitors and projectors, not incorporating television reception apparatus.

(E) Machines incorporating or working in conjunction with an automatic data processing machine and performing a specific function other than data processing are to be classified in the headings appropriate to their respective functions or, failing that, in residual headings.

6. Heading 84.82 applies, inter alia, to polished steel balls, the maximum and minimum diameters of which do not differ from the nominal diameter by more than 1% or by more than 0.05 mm, whichever is less. Other steel balls are to be classified in heading 73.26.

7. A machine which is used for more than one purpose is, for the purpose of classification, to be treated as if its principal purpose were its sole purpose.

Subject to Note 2 to this Chapter and Note 3 to Section XVI, a machine the principal purpose of which is not described in any heading or for which no one purpose is the principal purpose is, unless the context otherwise requires, to be classified in heading 84.79. Heading 84.79 also covers machines for making rope or cable (for example, stranding, twisting or cabling machines) from metal wire, textile yarn or any other material or from a combination of such materials.

8. For the purpose of heading 84.70, the term "pocket-size" applies only to machines the dimensions of which do not exceed 170 mm x 100 mm x 45 mm.

9. (A) Notes 8 (a) and 8 (b) to Chapter 85 also apply with respect to the expressions "semiconductor devices" and "electronic integrated circuits", respectively, as used in this Note and in heading 84.86. However, for the purposes of this Note and of heading 84.86, the expression "semiconductor devices" also covers photosensitive semiconductor devices and light emitting diodes.

(B) For the purposes of this Note and of heading 84.86, the expression "manufacture of flat panel displays" covers the fabrication of substrates into a flat panel. It does not cover the manufacture of glass or the assembly of printed circuit boards or other electronic components onto the flat panel. The expression "flat panel display" does not cover cathode-ray tube technology.

(C) Heading 84.86 also includes machines and apparatus solely or principally of a kind used for:

• (i) the manufacture or repair of masks and reticles;
• (ii) assembling semiconductor devices or electronic integrated circuits; and
• (iii) lifting, handling, loading or unloading of boules, wafers, semiconductor devices, electronic integrated circuits and flat panel displays.

(D) Subject to Note 1 to Section XVI and Note 1 to Chapter 84, machines and apparatus answering to the description in heading 84.86 are to be classified in that heading and in no other heading of the Nomenclature.

Subheading Notes.

1. For the purpose of subheading 8471.49, the term "systems" means automatic data processing machines whose units satisfy the conditions laid down in Note 5 (C) to Chapter 84 and which comprise at least a central processing unit, one input unit (for example, a keyboard or a scanner), and one output unit (for example, a visual display unit or a printer).

2. Subheading 8482.40 applies only to bearings with cylindrical rollers of a uniform diameter not exceeding 5 mm and having a length which is at least three times the diameter. The ends of the rollers may be rounded.

Supplementary Notes.

1. For purpose of this Chapter, the term "printed circuit assembly", means a good consisting of one or more printed circuits of heading 85.34 with one or more active elements assembled thereon, with or without passive elements. For purposes of this Note, "active elements" means diodes, transistors and similar semiconductor devices, whether or not photosensitive, of heading 85.41, and integrated circuits and microassemblies of heading 85.42.

2. For purposes of subheading 8471.49, the origin of each unit presented within a system shall be determined in accordance with the rule that would be applicable to such unit if it were presented separately and the rate of duty applicable to each unit presented in a system shall be:

• (a) in the case of Mexico, the rate that would be applicable to such unit if it were presented separately; and
• (b) in the case of Canada and the United States, the rate that is applicable to such unit under the appropriate tariff item No. within subheading 8471.49.

For the purposes of this Note, the term "unit presented within a system" shall mean:

• (i) a separate unit as described in Note 5 (B) to Chapter 84 of the Harmonized System; or
• (ii) any other separate machine that is presented and classified with a system under subheading 8471.49.
  

Date modified:

2016-01-01