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Section 15 : BASE METALS AND ARTICLES OF BASE METAL
Notes. 1. This Section does not cover : (a) Prepared paints, inks or other products with a basis of metallic flakes or powder (headings 32.07 to 32.10, 32.12, 32.13 or 32.15); (b) Ferro-cerium or other pyrophoric alloys (heading 36.06); (c) Headgear or parts thereof of heading 65.06 or 65.07; (d) Umbrella frames or other articles of heading 66.03; (e) Goods of Chapter 71 (for example, precious metal alloys, base metal clad with precious metal, imitation jewellery); (f) Articles of Section XVI (machinery, mechanical appliances and electrical goods); (g) Assembled railway or tramway track (heading 86.08) or other articles of Section XVII (vehicles, ships and boats, aircraft); (h) Instruments or apparatus of Section XVIII, including clock or watch springs; (ij) Lead shot prepared for ammunition (heading 93.06) or other articles of Section XIX (arms and ammunition); (k) Articles of Chapter 94 (for example, furniture, mattress supports, lamps and lighting fittings, illuminated signs, prefabricated buildings); (l) Articles of Chapter 95 (for example, toys, games, sports requisites); (m) Hand sieves, buttons, pens, pencil-holders, pen nibs or other articles of Chapter 96 (miscellaneous manufactured articles); or (n) Articles of Chapter 97 (for example, works of art). 2. Throughout the Nomenclature the expression "parts of general use" means : (a) Articles of heading 73.07, 73.12, 73.15, 73.17 or 73.18 and similar articles of other base metal; (b) Springs and leaves for springs, of base metal, other than clock or watch springs (heading 91.14); and (c) Articles of headings 83.01, 83.02, 83.08, 83.10 and frames and mirrors, of base metal, of heading 83.06.
In Chapters 73 to 76 and 78 to 82 (but not in heading 73.15) references to parts of goods do not include references to parts of general use as defined above.
Subject to the preceding paragraph and to Note 1 to Chapter 83, the articles of Chapter 82 or 83 are excluded from Chapters 72 to 76 and 78 to 81. 3. Throughout the Nomenclature, the expression "base metals" means : iron and steel, copper, nickel, alumimium, lead, zinc, tin, tungsten (wolfram), molybdenum, tantalum, magnesium, cobalt, bismuth, cadmium, titanium, zirconium, antimony, manganese, beryllium, chromium, germanium, vanadium, gallium, hafnium, indium, niobium (columbium), rhenium and thallium. 4. Throughout the Nomenclature, the term "cermets" means products containing a microscopic heterogeneons combination of a metallic component and a ceramic componenent. The term "cermets" includes sintered metal carbides (metal carbides sintered with a metal). 5. Classification of alloys (other than ferroalloys and master alloys as defined in Chapters 72 and 74) : (a) An alloy of base metals is to be classified as an alloy of the metal which predominates by weight over each of the other metals; (b) An alloy composed of base metals of this Section and of elements not falling within this Section is to be treated as an alloy of base metals of this Section if the total weight of such metals equals or exceeds the total weight of the other elements present; (c) In this Section the term "alloys" includes sintered mixtures of metal powders, heterogeneous intimate mixtures obtained by melting (other than cermets) and intermetallic compounds. 6. Unless the context otherwise requires, any reference in the Nomenclature to a base metal includes a reference to alloys which, by virtue of Note 5 above, are to be classified as alloys of that metal. 7. Classification of composite articles : Except where the headings otherwise require, articles of base metal (including articles of mixed materials treated as articles of base metal under the Interpretative Rules) containing two or more base metals are to be treated as articles of the base metal predominating by weight over each of the other metals.
For this purpose : (a) Iron and steel, or different kinds of iron or steel, are regarded as one and the same metal; (b) An alloy is regarded as being entirely composed of that metal as an alloy of which, by virtue of Note 5, it is classified; and (c) A cermet of heading 81.13 is regarded as a single base metal. 8. In this Section, the following expressions have the meanings hereby assigned to them : (a) Waste and scrap
Metal waste and scrap from the manufacture or mechanical working of metals, and metal goods definitely not usable as such because of breakage, cutting-up, wear or other reasons. (b) Powders
Products of which 90 % or more by weight passes through a sieve having a mesh aperture of 1 ㎜.
GENERAL
This Section covers base metals (including those in a chemically pure state) and many articles thereof. A list of goods of base metal not covered by this Section is reproduced at the end of this Explanatory Note. The Section also includes native metals separated from their gangues, and the mattes of copper, nickel or cobalt. Metallic ores and native metals still enclosed in their gangues are excluded (headings 26.01 to 26.17).
In accordance with Note 3 to this Section, throughout the Nomenclature, the expression "base metals" means : iron and steel, copper, nickel, aluminium, lead, zinc, tin, tungsten (wolfram), molybdenum, tantalum, magnesium, cobalt, bismuth, cadmium, titanium, zirconium, antimony, manganese, beryllium, chromium, germanium, vanadium, gallium, hafnium, indium, niobium (columbium), rhenium and thallium.
Each of the Chapters 72 to 76 and 78 to 81 covers particular unwrought base metals and products of those metals such as bars, rods, wire or sheets, as well as articles thereof, except certain specified articles of base metal which, without regard to the nature of the constituent metal, are classified in Chapter 82 or 83, these Chapters being limited to the specified articles. (A) ALLOYS OF BASE METALS
In accordance with Note 6 to this Section, except where the context otherwise requires (e.g., in the case of steel alloys), any reference to a base metal in Chapters 72 to 76 and 78 to 81 or elsewhere in the Nomenclature also includes the alloys of that metal. Similarly, any reference in Chapter 82 or 83 or elsewhere to "base metal" includes alloys classified as alloys of base metals.
Under Note 5 to Chapter 71 and Note 5 to this Section alloys of base metals are classified as follows : (1) Alloys of base metals with precious metals.
These alloys are classified as base metals provided that no one of the precious metals (silver, gold and platinum) constitutes as much as 2 % by weight of the alloy. Other alloys of base metals with precious metals are classified in Chapter 71. (2) Alloys of base metals.
These alloys are classified with the metal which predominates by weight, with the exception of ferro-alloys (see the Explanatory Note to heading 72.02) and master alloys of copper (see the Explanatory Note to heading 74.05). (3) Alloys of base metals of this Section with non-metals or with the metals of heading 28.05.
These are classified as alloys of base metals of this Section provided the total weight of the base metals of this Section equals or exceeds the total weight of the other elements present. If this is not the case, the alloys are generally classified in heading 38.24. (4) Sintered mixtures, heterogeneous intimate mixtures obtained by melting (other than cermets) and intermetallic compounds.
Sintered mixtures of metal powders and heterogeneous intimate mixtures obtained by melting (other than cermets) are treated as alloys. The latter type of mixture includes in particular ingots of variable composition obtained by melting down scrap metal.
The classification of mixtures of metal powders which have not been sintered is, however, governed by Note 7 to this Section (composite articles - see Part (B) below).
Intermetallic compounds composed of two or more base metals are also treated as alloys. The essential difference between intermetallic compounds and alloys is that the arrangement of the atoms of different kinds in the crystal lattice of an intermetallic compound is orderly, whereas in an alloy it is disorderly. (B) ARTICLES OF BASE METALS
In accordance with Section Note 7, base metal articles containing two or more base metals are classified as articles of that metal which predominates by weight over each of the other metals, except where the headings otherwise require (e.g., copper-headed iron or steel nails are classified in heading 74.15 even if the copper is not the major constituent). The same rule applies to articles made partly of non-metals, provided that, under the General Interpretative Rules, the base metal gives them their essential character.
In calculating the proportions of the metals present for the purposes of this rule, it should be noted that : (1) All varieties of iron and steel are regarded as the same metal. (2) An alloy is regarded as being entirely composed of that metal as an alloy of which it is classified (e.g., for these purposes, a part made of brass would be treated as if it were wholly of copper). (3) A cermet of heading 81.13 is regarded as a single base metal. (C) PARTS OF ARTICLES
In general, identifiable parts of articles are classified as such parts in their appropriate headings in the Nomenclature.
However, parts of general use (as defined in Note 2 to this Section) presented separately are not considered as parts of articles, but are classified in the headings of this Section appropriate to them. This would apply, for example, in the case of bolts specialised for central heating radiators or springs specialised for motor cars. The bolts would be classified in heading 73.18 (as bolts) and not in heading 73.22 (as parts of central heating radiators). The springs would be classified in heading 73.20 (as springs) and not in heading 87.08 (as parts of motor vehicles).
It should be noted that watch or clock springs are excluded by Note 2 (b) to this Section and fall in heading 91.14.
In addition to the goods listed in Note 1 to this Section, the following are also excluded : (a) Amalgams of base metals (heading 28.51). (b) Colloidal suspensions of base metals (generally heading 30.03 or 30.04). (c) Dental cements and other dental fillings (heading 30.06). (d) Sensitised photographic plates of metal for, e.g., photo-engraving (heading 37.01). (e) Flash-light materials for photographic uses of heading 37.07. (f) Metallised yarn (heading 56.05); woven fabrics of such yarn or of metal thread, of a kind used in articles of apparel, as furnishing fabrics or the like (heading 58.09). (g) Embroidery and other goods described in Section XI, of metal thread. (h) Parts of footwear, other than those mentioned in Note 2 to Chapter 64 (in particular, protectors, eyelets, hooks and buckles) (heading 64.06). (ij) Coin (heading 71.18). (k) Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators (heading 85.48). (l) Wire brushes (heading 96.03).
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