1. -
This Chapter does not cover :
(a) Separate chemically defined elements or compounds with the
exception of the following :
(1) Artificial graphite (heading 38.01);
(2) Insecticides, rodenticides, fungicides, herbicides,
anti-sprouting products and plant-growth regulators, disinfectants and
similar products, put up as described in heading 38.08;
(3) Products put up as charges for fire-extinguishers or put up in
fire-extinguishing grenades (heading 38.13);
(4) Certified reference materials specified in Note 2 below;
(5) Products specified in Note 3 (a) or 3 (c) below;
(b) Mixtures of chemicals with foodstuffs or other substances with
nutritive value, of a kind used in the preparation of human foodstuffs
(generally heading 21.06);
(c) Slag, ash and residues (including sludges, other than sewage
sludge), containing metals, arsenic or their mixtures
and meeting the requirements of Note 3 (a) or 3 (b) to Chapter 26
(heading 26.20);
(d) Medicaments (heading 30.03 or 30.04); or
(e) Spent catalysts of a kind used for the extraction of base
metals or for the manufacture of chemical compounds of base metals
(heading 26.20), spent catalysts of a kind used principally for the
recovery of precious metal (heading 71.12) or catalysts consisting of
metals or metal alloys in the form of, for example, finely divided
powder or woven gauze (Section XIV or XV).
2. -
(A) For the purpose of heading 38.22, the expression “certified
reference materials” means reference materials which are accompanied by
a certificate which indicates the values of the certified properties,
the methods used to determine these values and the degree of certainty
associated with each value and which are suitable for analytical,
calibrating or referencing purposes.
(B) With the exception of the products of Chapter 28 or 29, for
the classification of certified reference materials, heading 38.22 shall
take precedence over any other heading in the Nomenclature.
3. -
Heading 38.24 includes the following goods which are not to be
classified in any other heading of the Nomenclature :
(a) Cultured crystals (other than optical elements) weighing not
less than 2.5 g each, of magnesium oxide or of the halides of the alkali
or alkaline-earth metals;
(b) Fusel oil; Dippel's oil;
(c) Ink removers put up in packings for retail sale;
(d) Stencil correctors, other correcting fluids and correction
tapes (other than those of heading 96.12), put up in packings for retail
sale; and
(e) Ceramic firing testers, fusible (for example, Seger cones).
4. -
Throughout the Nomenclature, “municipal waste” means waste of a kind
collected from households, hotels, restaurants, hospitals, shops,
offices, etc., road and pavement sweepings, as well as construction and
demolition waste. Municipal waste generally contains a large variety of
materials such as plastics, rubber, wood, paper, textiles, glass,
metals, food materials, broken furniture and other damaged or discarded
articles. The term “municipal waste”, however, does not cover :
(a) Individual materials or articles segregated from the waste,
such as wastes of plastics, rubber, wood, paper, textiles, glass or
metals and spent batteries which fall in their appropriate headings of
the Nomenclature;
(b) Industrial waste;
(c) Waste pharmaceuticals, as defined in Note 4 (k) to Chapter 30;
or
(d) Clinical waste, as defined in Note 6 (a) below.
5. -
For the purposes of heading 38.25, “sewage sludge” means sludge arising
from urban effluent treatment plant and includes pre-treatment waste,
scourings and unstabilised sludge. Stabilised sludge when suitable for
use as fertiliser is excluded (Chapter 31).
6. -
For the purposes of heading 38.25, the expression “other wastes” applies
to :
(a) Clinical waste, that is, contaminated waste arising from
medical research, diagnosis, treatment or other medical, surgical,
dental or veterinary procedures, which often contain pathogens and
pharmaceutical substances and require special disposal procedures (for
example, soiled dressings, used gloves and used syringes);
(b) Waste organic solvents;
(c) Wastes of metal pickling liquors, hydraulic fluids, brake
fluids and anti-freezing fluids; and
(d) Other wastes from chemical or allied industries.
The expression “other wastes” does not, however, cover wastes
which contain mainly petroleum oils or oils obtained from bituminous
minerals (heading 27.10).
7. -
For the purposes of heading 38.26, the term “biodiesel” means mono-alkyl
esters of fatty acids of a kind used as a fuel, derived from animal or
vegetable fats and oils whether or not used.
Subheading Notes.
1. -
Subheadings 3808.52 and 3808.59 cover only goods of heading 38.08,
containing one or more of the following substances : alachlor (ISO);
aldicarb (ISO); aldrin (ISO); azinphos-methyl (ISO); binapacryl (ISO);
camphechlor (ISO) (toxaphene); captafol (ISO); chlordane (ISO);
chlordimeform (ISO); chlorobenzilate (ISO); DDT (ISO) (clofenotane
(INN), 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane); dieldrin
(ISO, INN); 4,6-dinitro-o-cresol (DNOC (ISO)) or its salts;
dinoseb (ISO), its salts or its esters; endosulfan (ISO); ethylene
dibromide (ISO) (1,2-dibromoethane); ethylene dichloride (ISO)
(1,2-dichloroethane); fluoroacetamide (ISO); heptachlor (ISO);
hexachlorobenzene (ISO); 1,2,3,4,5,6- hexachlorocyclohexane (HCH (ISO)),
including lindane (ISO, INN); mercury compounds; methamidophos (ISO);
monocrotophos (ISO); oxirane (ethylene oxide); parathion (ISO);
parathionmethyl (ISO) (methyl-parathion); penta- and octabromodiphenyl
ethers; pentachlorophenol (ISO), its salts or its esters;
perfluorooctane sulphonic acid and its salts; perfluorooctane
sulphonamides; perfluorooctane sulphonyl fluoride; phosphamidon (ISO);
2,4,5-T (ISO) (2,4,5-trichlorophenoxyacetic acid), its salts or its
esters; tributyltin compounds.
Subheading 3808.59 also covers dustable powder formulations
containing a mixture of benomyl (ISO), carbofuran (ISO) and thiram
(ISO).
2. -
Subheadings 3808.61 to 3808.69 cover only goods of heading 38.08,
containing alpha-cypermethrin (ISO), bendiocarb (ISO), bifenthrin (ISO),
chlorfenapyr (ISO), cyfluthrin (ISO), deltamethrin (INN, ISO),
etofenprox (INN), fenitrothion (ISO), lambda-cyhalothrin (ISO),
malathion (ISO), pirimiphosmethyl (ISO) or propoxur (ISO).
3. -
Subheadings 3824.81 to 3824.88 cover only mixtures and preparations
containing one or more of the following substances : oxirane (ethylene
oxide), polybrominated biphenyls (PBBs), polychlorinated biphenyls
(PCBs), polychlorinated terphenyls (PCTs), tris(2,3-dibromopropyl)
phosphate, aldrin (ISO), camphechlor (ISO) (toxaphene), chlordane (ISO),
chlordecone (ISO), DDT (ISO) (clofenotane (INN), 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane),
dieldrin (ISO, INN), endosulfan (ISO), endrin (ISO), heptachlor (ISO),
mirex (ISO), 1,2,3,4,5,6-hexachlorocyclohexane (HCH (ISO)), including
lindane (ISO, INN), pentachlorobenzene (ISO), hexachlorobenzene (ISO),
perfluorooctane sulphonic acid, its salts, perfluorooctane
sulphonamides, perfluorooctane sulphonyl fluoride or tetra-, penta-,
hexa-, hepta- or octabromodiphenyl ethers.
4. -
For the purposes of subheadings 3825.41 and 3825.49, “waste organic
solvents” are wastes containing mainly organic solvents, not fit for
further use as presented as primary products, whether or not intended
for recovery of the solvents.