Tariff Schedule Rulings D-Memoranda Trade Remedies PGA Requirements Sanctions Regimes

Ruling C-2016-001077

active

&&This product, Touch Pro, is an electric tool for controlling weeds. It uses electricity to convert water at the roots of weeds into steam. This process does not destroy plants in the vicinity of the weeds. A diesel generator creates energy which is converted into electricity (high voltage). The product works with a 5-kVA diesel engine and is compact for use with a small vehicle. It also has a 25-metre cable, various hoses to treat the different weeds, and a patented application system for safe operation.

HS Classification

8543.70.00.00

CBSA Reasoning

&&The product is classified in Chapter 85 since it is fuelled by electricity and gives off an electrical current to treat weeds. Legal Note 4 of Section XVI reads as follows: "Where a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings in Chapter 84 or Chapter 85, then the whole falls to be classified in the heading appropriate to that function". Since the function "electrical weed treatment" is covered by no other heading of Chapter 85, and is not specifically named elsewhere in another heading of the Nomenclature, the product is classified in heading 85.43.

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