Section XVI. MACHINES, EQUIPMENT AND MECHANISMS; ELECTRICAL EQUIPMENT; THEIR PARTS; SOUND-RECORDING AND SOUND-REPRODUCING EQUIPMENT, VIDEO AND AUDIO RECORDING AND REPRODUCING EQUIPMENT, THEIR PARTS AND ACCESSORIES (groups 84-85)
This section does not include:
conveyer belts or driving belts or belting of plastics referred to group 39 or made of vulcanized rubber (commodity item 4010); devices or other products, used in machines or in mechanical or electrical devices or for other technical purposes; made of vulcanized rubber, except for hard rubber (commodity item 4016);
products of natural leather or composite leather (commodity item 4204) or of fur (commodity item 4303), used in machines or mechanical devices or for technical purposes;
bobbins, spools, cops, cones, cores, shells or similar carriers of any materials (e.g., group 39, 40, 44 or 48 or section XV);
punch cards for Jacquard looms or similar machines (e.g., group 39 or 48 or section XV);
conveyor belts or driving belts of textile materials (commodity item 5910) or other textile products for technical purposes (commodity item 5911);
precious or semiprecious stones (natural, artificial or reconstructed) of commodity items 7102 - 7104 or the products, fully made of the above stones of commodity item 7116, except for not fixed treated saphires and diamonds for phono needles (commodity item 8522);
the parts of general application, described in note 2 to section XV, of a basic metal (section XV) or similar goods of plastics (group 39);
drilling tubing (commodity item 7304);
endless tape of metal wire or band (section XV);
products of group 82 or 83;
products of section XVII;
products of group 90;
watches of all types or other products of group 91;
replaceable work tools of commodity item 8207 or brushes, which are parts of machines (commodity item 9603); similar replaceable tools, classified in accordance with the material, of which their working part is made (e.g., in group 40, 42, 43, 45 or 59 or in commodity item and 6804 or 6909);
products of group 95; or
tape for printing machines or similar tapes in reels or cassetes or without them (classified in accordance with the material, of which they are made, or referred to commodity item 9612, if they are soaked with ink or treated otherwise for making prints).
Provided the provisions of Note 1 to this section, Notes 1 to group 84 and Notes 1 to group 85 are complied with, the machine parts (except for the parts of products referred to commodity item 8484, 8544, 8545, 8546 or 8547) are to be classified in accordance with the following rules:
The parts, which are the goods included in any of commodity items of groups 84 and 85 (except for commodity items 8409, 8431, 8448, 8466, 8473, 8485, 8503, 8522, 8529, 8538 and 8548), in all cases should be classified in the commodity items envisaged for such goods.
Other parts, designated for using solely or primarily with one type of machines or with a number of machines of the same commodity item (including the machines of commodity item and 8479 or 8543), should be classified together with these machines or in commodity item 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 accordingly. However, the parts, which are equally suitable for using primarily with the goods of commodity items 8517 и 8525 - 8528, are classified in commodity item 8517.
All other parts are classified in commodity items 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 accordingly or, apart from that, in commodity items 8485 or 8548.
Combination machines, composed of two or more machines, joined together in order to form a unit, and other amchines, designated for performing two or more complementing or independent functions, are to be classified as consisting of only that component or that machine, which performs the main function, if not stated otherwise in the context.
If a machine (including a combination of machines) is made up of several components (irrespective of the fact, whether they are located separately or connected with tubing, transmission devices, electrical cables or other devices), designated for joint operation of a specific function, outlined by one of commodity items of groups 84 or 85, then it is to be classified in commodity items, corresponding to this definite function.
In these notes the term "machine" means any machine, equipment, mechanism, unit, installation, apparatus or device, included in commodity items of group 84 or 85.
Additional notes to section XVI:
The tools, necessary for assembly or maintenance of machines, are to be classified together with these machines, if they are imported together with them. Replaceable tools, imported with machines, are also to be classified together with them, if tools are making up a part of ordinary equipment of machines and are usually sold together.
A declarant is to provide, on request of customs, an illustrated document (e.g., the instructions, brochures, a catalogue sheet, a photograph) with a description of the machine, its designation and major features, and in ce of not assembled or dismantled machine, its assembly scheme and the list of various cargo packages in order to confirm the information specified in declaration.
The provisions of Major regulation on interpretation 2a of Nomenclature are also applicable to the machines, imported in several batches by a request of a declarant and provided the conditions, set by the relevant authorities, are complied with.