HS 8468: Machinery and apparatus for soldering, brazing or...

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[12]and the Explanatory Notes to the Harmonized Commodity Description and Coding System,

Source: citt_decision (AP-2009-010)

[13]published by the Customs Co-operation Council (also known as the World Customs Organization), as amended from time to time.” Accordingly, unlike chapter and section notes, theExplanatoryNotesare not binding on the Tribunal in its classification of imported goods. However, the Federal Court of Appeal has stated that these notes should be applied, unless there is a sound reason to do...

Source: citt_decision (AP-2009-010)

52. For the foregoing reasons, the Tribunal concludes that the goods in issue should be classified under tariff item No. 9953.00.00 as hydraulic equipment. 53. The appeal is therefore allowed in part. 1. R.S.C. 1985 (2d Supp.), c. 1 [Act]. 2. S.C. 1997, c. 36. 3. S.O.R./94-14. 4. Court No. A-245-09 [C.B.Powell]. 5.Transcript of Public Hearing, 8 December 2009, at 4-5. 6. Respondent’s...

Source: citt_decision (AP-2009-010)

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...

Machinery and apparatus for soldering, brazing or welding, whether or not capable of cutting, other than those of heading 85.15; gas-operated surface tempering machines and appliances.

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