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Notes.

1. This Chapter does not cover :

(a) Slag or similar industrial waste prepared as macadam (heading 25.17);

(b) Natural magnesium carbonate (magnesite), whether or not calcined (heading 25.19);

(c) Sludges from the storage tanks of petroleum oils consisting mainly of such oils (heading 27.10);

(d) Basic slag of Chapter 31;

(e) Slag wool, rock wool or similar mineral wools (heading 68.06);

(f) Waste or scrap of precious metal or of metal clad with precious metal; other waste or scrap containing precious metal or precious metal compounds, of a kind used principally for the recovery of precious metal (heading 71.12); or

(g) Copper, nickel or cobalt mattes produced by any process of smelting (Section XV).

2. For the purposes of headings 26.01 to 26.17, the term "ores" means minerals of mineralogical species actually used in the metallurgical industry for the extraction of mercury, of the metals of heading 28.44 or of the metals of Section XIV or XV, even if they are intended for non-metallurgical purposes. Headings 26.01 to 26.17 do not, however, include minerals which have been submitted to processes not normal to the metallurgical industry.

3. Heading 26.20 applies only to :

(a) Slag, ash and residues of a kind used in industry either for the extraction of metals or as a basis for the manufacture of chemical compounds of metals, excluding ash and residues from the incineration of municipal waste (heading 26.21); and

(b) Slag, ash and residues containing arsenic, whether or not containing metals, of a kind used either for the extraction of arsenic or metals or for the manufacture of their chemical compounds.

Subheading Notes.

1. For the purposes of subheading 2620.21, "leaded gasoline sludges and leaded anti-knock compound sludges" mean sludges obtained from storage tanks of leaded gasoline and leaded anti-knock compounds (for example, tetraethyllead), and consisting essentially of lead, lead compounds and iron oxide.

2. Slag, ash and residues containing arsenic, mercury, thallium or their mixtures, of a kind used for the extraction of arsenic or those metals or for the manufacture of their chemical compounds, are to be classified in subheading 2620.60.

GENERAL
Headings 26.01 to 26.17 are limited to metallic ores and concentrates which :

(A) Are of mineralogical species actually used in the metallurgical industry for the extraction of the metals of Section XIV or XV, of mercury or of the metals of heading 28.44, even if they are intended for non-metallurgical purposes, and

(B) Have not been submitted to processes not normal to the metallurgical industry.
The term "ores" applies to metalliferous minerals associated with the substances in which they occur and with which they are extracted from the mine; it also applies to native metals in their gangue (e.g., metalliferous sands).
Ores are seldom marketed before "preparation" for subsequent metallurgical operations. The most important preparatory processes are those aimed at concentrating the ores.
For the purposes of headings 26.01 to 26.17, the term "concentrates" applies to ores which have had part or all of the foreign matter removed by special treatments, either because such foreign matter might hamper subsequent metallurgical operations or with a view to economical transport.
Processes to which products of headings 26.01 to 26.17 may have been submitted include physical, physico-chemical or chemical operations, provided they are normal to the preparation of the ores for the extraction of metal. With the exception of changes resulting from calcination, roasting or firing (with or without agglomeration), such operations must not alter the chemical composition of the basic compound which furnishes the desired metal.
The physical or physico-chemical operations include crushing, grinding, magnetic separation, gravimetric separation, flotation, screening, grading, agglomeration of powders (e.g., by sintering or pelleting) into grains, balls or briquettes (whether or not with the addition of small quantities of binders), drying, calcination, roasting to oxidise, reduce or magnetise the ore, etc. (but not roasting for purposes of sulphating, chloridating, etc.).
The chemical processes are aimed at eliminating the unwanted matter (e.g., dissolution).
Concentrates of ores obtained by treatments, other than calcining or roasting, which alter the chemical composition or crystallographic structure of the basic ore are excluded (generally Chapter 28). Also excluded are more or less pure products obtained by repeated physical changes (fractional crystallisation, sublimation, etc.), even if there has been no change in the chemical composition of the basic ore.
The ores of headings 26.01 to 26.17 are used commercially to obtain :

(1) The precious metals as defined in Chapter 71 (viz., silver, gold, platinum, iridium, osmium, palladium, rhodium and ruthenium).

(2) The metallurgical base metals referred to in Section XV (viz., iron, copper, nickel, aluminium, lead, zinc, tin, tungsten (wolfram), molybdenum, tantalum, cobalt, bismuth, cadmium, titanium, zirconium, antimony, manganese, chromium, germanium, vanadium, beryllium, gallium, hafnium, indium, niobium (colombium), rhenium, thallium).

(3) Mercury of heading 28.05.

(4) Metals of heading 28.44.
In certain cases, the ores are used to obtain alloys such as ferro-manganese or ferro-chromium.
Except where the context otherwise requires, ores and concentrates comprising more than one mineralogical species are to be classified in headings 26.01 to 26.17 as appropriate by application of General Interpretative Rule 3 (b) or failing that by application of Rule 3 (c).

Headings 26.01 to 26.17 do not cover :

(a) Minerals containing the above metals if :

(¥¡) They are specified in another heading, e.g., unroasted iron pyrites (heading 25.02), natural cryolite and natural chiolite (heading 25.30).

(¥¢) The metals are not extracted commercially, e.g., earth colours, alunite or alumstone (heading 25.30), precious or semi-precious stones (Chapter 71).

(b) The minerals which at present are used for the extraction of magnesium, i.e., dolomite (heading 25.18), magnesite or giobertite (heading 25.19) and carnallite (heading 31.04).

(c) Minerals of the alkaline or alkaline-earth metals of heading 28.05 (i.e., lithium, sodium, potassium, rubidium, caesium, calcium, strontium and barium); such minerals include salt (heading 25.01), barytes and witherite (heading 25.11), strontianite, celestite, Iceland spar and aragonite (heading 25.30).

(d) Native metals (e.g., nuggets or grains) and natural alloys separated from their gangues or matrices, such native metals and natural alloys being classified in Section XIV or XV.

(e) Ores of the rare earth metals of heading 25.30

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