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

Heading 8409

Parts suitable for use solely or principally with the engines of heading 84.07 or 84.08.

3 subheadings

Subheadings

Related Advance Rulings

Explanatory Notes

Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Compendium of Classification Opinions and Explanatory Notes to the Harmonized Commodity Description and Coding System (HS). General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease...

Source: advance_ruling (8000005291)

Parts suitable for use solely or principally with the engines of heading8407or8408 In addition to the exclusions referred to in the HS Explanatory Note to heading 8409 , the following are also excluded from this heading: (a)  piping and tubing, of unhardened vulcanised rubber (heading 4009 ); (b)  flexible tubing and piping, of base metal (heading 8307 ); (c)  gaskets and similar joints...

Source: eu_cn_en (EUR-Lex 02019XC0329(02)-20250113)

Other This subheading does not include exhaust-gas turbochargers used to compress the atmospheric air needed for combustion in order to boost the power of internal-combustion piston engines. As turbine-driven air compressors driven by an exhaust-gas turbine, they fall in heading 8414 .

Source: eu_cn_en (EUR-Lex 02019XC0329(02)-20250113)

[13]The Tribunal must therefore first determine whether the goods in issue can be classified at the heading level according to Rule 1 of theGeneral Rulesas per the terms of the headings and any relative section or chapter notes in theCustoms Tariff, having regard to any relevant classification opinions and explanatory notes. It is only where Rule 1 does not conclusively determine the...

Source: citt_decision (AP-2016-027)

[11]and theExplanatory Notes to the Harmonized Commodity Description and Coding System,

Source: citt_decision (AP-2016-027)

[12]published by the WCO. While the classification opinions and the explanatory notes are not binding, the Tribunal will apply them unless there is a sound reason to do otherwise.

Source: citt_decision (AP-2016-027)

[14]Once the Tribunal has used this approach to determine the heading in which the goods in issue should be classified, the next step is to determine the proper subheading. Rule 6 of theGeneral Rulesprovides that “the classification of goods in the subheadings of a heading shall be determined according to the terms of those subheadings and any related Subheading Notes and,mutatis mutandis, to...

Source: citt_decision (AP-2016-027)

[19]The terms of the relative headings and legal and explanatory notes are set out in the Appendix.

Source: citt_decision (AP-2016-027)

[20]In addition, and also along the lines of what was argued by the appellant inSanus Systems, Best Buy argued the following: (i) the explanatory notes to heading No. 85.29 provide that cases and cabinets specialized to receive the apparatus of headings No. 85.25 to 85.28 are to be classified in heading No. 85.29 as parts; (ii) a case or cabinet which physically supports a television qualifies...

Source: citt_decision (AP-2016-027)

[22]The CBSA submitted that the term “parts”, when read in light of the reference to “[c]ases and cabinets specialised to receive the apparatus of headings 85.25 to85.28” [emphasis added] in note 3 of the explanatory notesto heading No. 85.29, must be viewed as being limited to items that enclose or complete the apparatus. As the goods in issue cannot properly be considered furniture specially...

Source: citt_decision (AP-2016-027)

Chapter 84 Notes (11)
1. 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...
2. 2. Subject to the operation of Note 3 to Section XVI and subject to Note 11 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 more 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. • (A) heading 84.19 does not, however, cover:...
3. 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. 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...
5. 5. For the purposes of heading 84.62, a “slitting line” for flat products is a processing line composed of an uncoiler, a coil flattener, a slitter and a recoiler. A “cut-to-length line” for flat products is a processing line composed of an uncoiler, a coil flattener, and a shear
6. 6.(A) For the purposes 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...
7. 7. 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.
8. 8. 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...
9. 9. For the purpose of heading 84.70, the term "pocketsize" applies only to machines the dimensions of which do not exceed 170 mm x 100 mm x 45 mm.
10. 10. For the purposes of heading 84.85, the expression “additive manufacturing” (also referred to as 3D printing means the formation of physical objects, based on a digital model, by the successive addition and layering,and consolidation and solidification, of material (for example, metal, plastics or ceramics). Subject to Note 1 to Section XVI and Note 1 to Chapter 84, machines answering to the description in heading 84.85 are to be classified in that heading and in no other heading of the...
11. 11.(A) Notes 12 (a) and 12 (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 (LED). (B) For the purposes of this Note and of heading 84.86, the expression "manufacture of flat panel...

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