Classification Notes for Chapter 38
Notes
1. This Chapter does not cover:
a. Separate chemically defined elements or compounds with the exception of the following:
Artificial graphite (3801); Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up as described in 3808; Products put up as charges for fire-extinguishers or put up in fire-extinguishing grenades (3813.00.00); Certified reference materials specified in Note 2 below; Products specified in Note 3(a) or 3(c) below;
b. Artificial graphite (3801);
c. Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up as described in 3808;
d. Products put up as charges for fire-extinguishers or put up in fire-extinguishing grenades (3813.00.00);
e. Certified reference materials specified in Note 2 below;
f. Products specified in Note 3(a) or 3(c) below;
g. Mixtures of chemicals with foodstuffs or other substances with nutritive value, of a kind used in the preparation of human foodstuffs (generally
2106);
h. Products of
2404;
i. 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 (2620);
j. Medicaments (3003 or
3004); or
k. Spent catalysts of a kind used for the extraction of base metals or for the manufacture of chemical compounds of base metals (2620), spent catalysts of a kind used principally for the recovery of precious metal (7112) or catalysts consisting of metals or metal alloys in the form of, for example, finely divided powder or woven gauze (Section XIV or
Section XV).
a. For the purpose of 3822, “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, 3822 shall take precedence over any other heading of this Schedule.
3. 3824 includes the following goods which are not to be classified in any other heading of this Schedule:
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
9612), put up in packings for retail sale; and
e. Ceramic firing testers, fusible (for example Seger cones).
4. Throughout this Schedule, “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. “Municipal waste”, however, does not cover:
a. Individual materials or articles segregated from the waste, for example wastes of plastics, rubber, wood, paper, textiles, glass or metals, electrical and electronic waste and scrap (including spent batteries) which fall in their appropriate headings of this Schedule;
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 3825, “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 3825, “other wastes” applies to:
"Other wastes" does not, however, cover wastes which contain mainly petroleum oils or oils obtained from bituminous minerals (2710).
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.
7. For the purposes of 3826, “biodiesel” means mono‑alkyl esters of fatty acids of a kind used as a fuel, derived from animal, vegetable or microbial fats and oils whether or not used.
Subheading Notes
1. 3808.5 covers only goods of 3808, containing one or more of the following substances: alachlor (ISO); aldicarb (ISO); aldrin (ISO); azinphos‑methyl (ISO); binapacryl (ISO); camphechlor (ISO) (toxaphene); captafol (ISO); carbofuran (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); parathion‑methyl (ISO) (methyl‑parathion); 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; trichlorfon (ISO).
2. 3808.61 to 3808.69 cover only goods of 3808, containing alpha-cypermethrin (ISO), bendiocarb (ISO), bifenthrin (ISO), chlorfenapyr (ISO), cyfluthrin (ISO), deltamethrin (INN, ISO), etofenprox (INN), fenitrothion (ISO), lambda-cyhalothrin (ISO), malathion (ISO), pirimiphos-methyl (ISO) or propoxur (ISO).
3. 3824.8 covers 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; tetra‑, penta‑, hexa‑, hepta‑ or octabromodiphenyl ethers; short‑chain chlorinated paraffins.
Short‑chain chlorinated paraffins are mixtures of compounds, with a chlorination degree of more than 48% by weight, with the following molecular formula: CxH(2x‑y+2)Cly, where x=10 to 13 and y=1 to 13.
4. For the purposes of 3825.4, “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.