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CHAPTER 85
ELECTRICAL MACHINERY AND EQUIPMENT AND PARTS THEREOF; SOUND RECORDERS
AND REPRODUCERS, TELEVISION IMAGE AND SOUND RECORDERS AND REPRODUCERS,
AND PARTS AND ACCESSORIES OF SUCH ARTICLES
XVI
85-1
Notes
1. This chapter does not cover:(a) Electrically warmed blankets, bed pads, foot-muffs or the like; electrically warmed clothing, footwear or ear pads or other electrically warmed articles worn on or about the person;
(b) Articles of glass of heading 7011;
(c) Machines and apparatus of heading 8486;
(d) Vacuum apparatus of a kind used in medical, surgical, dental or veterinary sciences (heading 9018); or
(e) Electrically heated furniture of chapter 94.
2. Headings 8501 to 8504 do not apply to goods described in heading 8511, 8512, 8540, 8541 or 8542.However, metal tank mercury arc rectifiers remain classified in heading 8504.
3. For the purposes of heading 8507, the expression "electric accumulators" includes those presented with ancillary components which contribute to the accumulator's function of storing and supplying energy or protect it from damage, such as electrical connectors, temperature control devices (for example, thermistors) and circuit protection devices. They may also include a portion of the protective housing of the goods in which they are to be used.
4. Heading 8509 covers only the following electromechanical machines of the kind commonly used for domestic purposes:(a) Floor polishers, food grinders and mixers, and fruit or vegetable juice extractors, of any weight;
(b) Other machines provided the weight of such machines does not exceed 20 kg, exclusive of extra interchangeable parts or detachable auxiliary devices.
The heading does not, however, apply to fans or ventilating or recycling hoods incorporating a fan, whether or not fitted with filters (heading 8414), centrifugal clothes dryers (heading 8421), dishwashing machines (heading 8422), household washing machines (heading 8450), roller or other ironing machines (heading 8420 or 8451), sewing machines (heading 8452), electric scissors (heading 8467) or to electrothermic appliances (heading 8516).
  5.  For the purposes of heading 8517, the term ?smartphones? means telephones for cellular networks, equipped with a mobile operating system designed to perform the functions of an automatic data processing machine such as downloading and running multiple applications simultaneously, including third-party applications, and whether or not integrating other features such as digital cameras and navigational aid systems.   
  6.    For the purposes of heading 8523:   (a) "Solid-state non-volatile storage devices "(for example,"flash memory cards" or "flash electronic storage cards") are storage devices with a connecting socket, comprising in the same housing one or more flash memories (for example, "FLASH E²PROM") in the form of integrated circuits mounted on a printed circuit board. They may include a controller in the form of an integrated circuit and discrete passive components, such as capacitors and resistors;
(b) The term "smart cards" means cards which have embedded in them one or more electronic integrated circuits (a microprocessor, random access memory (RAM) or read-only memory (ROM)) in the form of chips. These cards may contain contacts, a magnetic stripe or an embedded antenna but do not contain any other active or passive circuit elements.
      7.  For the purposes of heading 8524, ?flat panel display modules? refer to devices or apparatus for the display of information equipped at a minimum with a display screen, which are designed to be incorporated into articles of other headings prior to use. Display screens for flat panel display modules include, but are not limited to, those which are flat, curved, flexible, foldable or stretchable in form. Flat panel display modules may incorporate additional elements, including those necessary for receiving video signals and the allocation of those signals to pixels on the display. However, heading 8524 does not include display modules which are equipped with components for converting video signals (e.g., a scaler IC, decoder IC or application processer) or have otherwise assumed the character of goods of other headings.        For the classification of flat panel display modules defined in this Note, heading 8524 shall take precedence over any other heading in the tariff schedule.
8.   For the purposes of heading 8534 "printed circuits" are circuits obtained by forming on an insulating base, by any printing process (for example, embossing, plating-up, etching) or by the "film circuit" technique, conductor elements, contacts or other printed components (for example, inductances, resistors, capacitors) alone or interconnected according to a pre-established pattern, other than elements which can produce, rectify, modulate or amplify an electrical signal (for example, semiconductor elements).  The term "printed circuits" does not cover circuits combined with elements other than those obtained during the printing process, nor does it cover individual, discrete resistors, capacitors or inductances. Printed circuits may, however, be fitted with non-printed connecting elements.
Thin- or thick-film circuits comprising passive and active elements obtained during the same technological process are to be classified in heading 8542.
9.  For the purpose of heading 8536, "connectors for optical fibres, optical fibre bundles or cables" means connectors that simply mechanically align optical fibres end to end in a digital line system. They perform no other function, such as the amplification, regeneration or modification of a signal.  
10 Heading 8537 does not include cordless infrared devices for the remote control of television receivers or other electrical equipment (heading 8543).  
      11.      For the purposes of heading 8539, the expression "light-emitting diode (LED) light sources" covers:(a) "Light-emitting diode (LED) modules" which are electrical light sources based on light-emitting diodes (LED) arranged in electrical circuits and containing further elements like electrical, mechanical, thermal or optical elements. They also contain discrete active elements, discrete passive elements, or articles of heading 8536 or 8542 for the purposes of providing power supply or power control. Light-emitting diode (LED) modules do not have a cap designed to allow easy installation or replacement in a luminaire and ensure mechanical and electrical contact.  
      (b)      "Light-emitting diode (LED) lamps" which are electrical light sources containing one or more LED modules containing further elements like electrical, mechanical, thermal or optical elements. The distinction between light-emitting diode (LED) modules and light-emitting diode (LED) lamps is that lamps have a cap designed to allow easy installation or replacement in a luminaire and ensure mechanical and electrical contact.  
12.  For the purposes of headings 8541 and 8542:      (a)  (i) "Semiconductor devices" are semiconductor devices the operation of which depends on variations in resistivity on the application of an electric field or semiconductor-based transducers.    Semiconductor devices may also include assembly of plural elements, whether or not equipped with active and passive device ancillary functions.   
    "Semiconductor-based transducers" are, for the purposes of this definition, semiconductor-based sensors, semiconductor-based actuators, semiconductor-based resonators and semiconductor-based oscillators, which are types of discrete semiconductor-based devices, which perform an intrinsic function, which are able to convert any kind of physical or chemical phenomena or an action into an electrical signal or an electrical signal into any type of physical phenomenon or an action.     
  All the elements in semiconductor-based transducers are indivisibly combined, and may also include necessary materials indivisibly attached, that enable their construction or function.   
The following expressions mean:    (1) "Semiconductor-based" means built or manufactured on a semiconductor substrate or made of semiconductor materials, manufactured by semiconductor technology, in which the semiconductor substrate or material plays a critical and unreplaceable role of transducer function and performance, and the operation of which is based on semiconductor properties including physical, electrical, chemical and optical properties.   
  (2) "Physical or chemical phenomena" relate to phenomena, such as pressure, acoustic waves, acceleration, vibration, movement, orientation, strain, magnetic field strength, electric field strength, light, radioactivity, humidity, flow, chemicals concentration, etc.   
  (3) "Semiconductor-based sensor" is a type of semiconductor device, which consists of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of detecting physical or chemical quantities and converting these into electric signals caused by resulting variations in electric properties or displacement of a mechanical structure.   
  (4) "Semiconductor-based actuator" is a type of semiconductor device, which consists of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of converting electric signals into physical movement.   
  (5) "Semiconductor-based resonator" is a type of semiconductor device, which consists of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures in response to an external input.   
  (6) "Semiconductor-based oscillator" is a type of semiconductor device, which consists of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures.   
(ii) "Light-emitting diodes (LED)" are semiconductor devices based on semiconductor materials which convert electrical energy into visible, infra-red or ultra-violet rays, whether or not electrically connected among each other and whether or not combined with protective diodes. Light-emitting diodes (LED) of heading 8541 do not incorporate elements for the purposes of providing power supply or power control;  
(b)  "Electronic integrated circuits" are:(i) Monolithic integrated circuits in which the circuit elements (diodes, transistors, resistors, capacitors, inductances, etc.) are created in the mass (essentially) and on the surface of a semiconductor or compound semiconductor material (for example, doped silicon, gallium arsenide, silicon germanium, iridium phosphide) and are inseparably associated;
							(ii) 						 Hybrid integrated circuits in which passive elements (resistors, capacitors, inductances, etc.), obtained by thin- or thick-film technology, and active elements (diodes, transistors, monolithic integrated circuits, etc.), obtained by semiconductor technology, are combined to all intents and purposes indivisibly, by interconnections or interconnecting cables, on a single insulating substrate (glass, ceramic, etc.). These circuits may also include discrete components;					
(iii) Multichip integrated circuits consisting of two or more interconnected monolithic integrated circuits combined to all intents and purposes indivisibly, whether or not on one or more insulating substrates, with or without leadframes, but with no other active or passive circuit elements.
(iv) Multi-component integrated circuits (MCOs): a combination of one or more monolithic, hybrid, or multi-chip integrated circuits with at least one of the following components: silicon-based sensors, actuators, oscillators, resonators or combinations thereof, or components performing the functions of articles classifiable under heading 8532, 8533, 8541, or inductors classifiable under heading 8504, formed to all intents and purposes indivisibly into a single body like an integrated circuit, as a component of a kind used for assembly onto a printed circuit board (PCB) or other carrier, through the connecting of pins, leads, balls, lands, bumps, or pads.					For the purpose of this definition:					1. ?Components? may be discrete, manufactured independently then assembled onto the rest of the MCO, or integrated into other components.					
2. ?Silicon-based? means built on a silicon substrate, or made of silicon materials, or manufactured onto integrated circuit die.					
      3.  (a) "Silicon-based sensors" consist of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of detecting physical or chemical phenomena and transducing these into electric signals, caused by resulting variations in electric properties or displacement of a mechanical structure. "Physical or chemical phenomena" relates to phenomena, such as pressure, acoustic waves, acceleration, vibration, movement, orientation, strain, magnetic field strength, electric field strength, light, radioactivity, humidity, flow, chemicals concentration, etc.   (b) ?Silicon-based actuators? consist of microelectronic and mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of converting electrical signals into physical movement. 					
(c) ?Silicon-based resonators? are components that consist of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures in response to an external input.					
(d) ?Silicon-based oscillators? are active components that consist of microelectronic or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures.					
  For the classification of the articles defined in this note, headings 8541 and 8542 shall take precedence over any other heading in the Nomenclature, except in the case of heading 8523, which might cover them by reference to, in particular, their function.  
  Subheading Notes
  1.  Subheading 8525.81 covers only high-speed television cameras, digital cameras and video camera recorders having one or more of the following characteristics:     - writing speed exceeding 0.5 mm per microsecond;
  - time resolution 50 nanoseconds or less;
- frame time exceeding 225,000 frames per second.  
    2.    In respect of subheading 8525.82, radiation-hardened or radiation-tolerant television cameras, digital cameras and video camera recorders are designed or shielded to enable operation in a high-radiation environment. These cameras are designed to withstand a total radiation dose of at least 50 x 103 Gy (silicon)(5 x 106 RAD (silicon)), without operational degradation.  
  3.  Subheading 8525.83 covers night vision television cameras, digital cameras and video camera recorders which use a photocathode to convert available light to electrons, which can be amplified and converted to yield a visible image. This subheading excludes thermal imaging cameras (generally subheading 8525.89).   
4.  Subheading 8527.12 covers only cassette players with built-in amplifier, without built-in loudspeaker, capable of operating without an external source of electric power and the dimensions of which do not exceed 170 mm x 100 mm x 45 mm.  
  5.  For the purposes of subheadings 8549.11 to 8549.19, ?spent primary cells, spent primary batteries and spent electric accumulators: are those which are neither usable as such because of breakage, cutting-up, wear or other reasons, nor capable of being recharged.   
Additional U.S. Notes
1. For the purposes of headings 8501 and 8503, 746 watts (W) is taken to be equivalent to 1 horsepower (hp).
2.  For the purposes of subheading 8516.72, the term "toasters" includes toaster-ovens which are designed essentially for toasting bread but can also bake small items, such as potatoes.
3.  For the purposes of headings 8517 and 8525 the term "transceivers" refers to combinations of radio transmitting and receiving equipment in a common housing, employing common circuit components for both transmitting and receiving, and which are not capable of simultaneously receiving and transmitting.
4. For the purposes of 8529.90.05, 8529.90.06, 8529.90.33, 8529.90.36, 8529.90.43, 8529.90.46, 8529.90.88 and 8529.90.89:(a) Each subassembly that contains as a component, or is covered in the same entry with, one or more of the following television components, viz.,tuner, channel selector assembly, antenna, deflection yoke, degaussing coil, picture tube mounting bracket, grounding assembly, parts necessary for fixing the picture tube or tuner in place, consumer-operated controls or speaker,
shall be classified in subheading 8529.90.05, 8529.90.33, 8529.90.43 or 8529.90.88, as appropriate; and
(b) Each subassembly shall be counted as a single unit, except that two or more different printed circuit boards or ceramic substrates covered by the same entry and designed for assembly into the same television models shall be counted as one unit.
5. Picture tubes imported in combination with, or incorporated into, other articles are to be classified in subheadings 8540.11 through 8540.12, inclusive, unless they are--(a) incorporated into complete television receivers, as defined in additional U.S. note 6 below;
(b) incorporated into fully assembled units such as word processors, ADP terminals, or similar articles;
(c) put up in kits containing all the parts necessary for assembly into complete television receivers, as defined in additional U.S. note 6 below; or
(d) put up in kits containing all the parts necessary for assembly into fully assembled units such as word processors, ADP terminals, or similar articles.
6.  For the purposes of additional U.S. note 5 above the term "complete television receivers" means television receivers, fully assembled in their cabinets, whether or not packaged or tested for distribution to the ultimate purchaser(s).
7.  For the purposes of this chapter, references to "high definition" as it applies to television receivers and cathode-ray tubes refer to articles having:(a) a screen aspect ratio equal to or greater than 16:9; and
(b) a viewing screen capable of displaying more than 700 scanning lines.
8. For the purposes of this chapter, the video display diagonal is determined by measuring the maximum straight line dimension across the visible portion of the faceplate used for displaying video.
9. Subheadings 8529.90.29, 8529.90.33, 8529.90.36 and 8529.90.39 cover the following parts of television receivers (including video monitors and video projectors):(a) Video intermediate (IF) amplifying and detecting systems;
(b) Video processing and amplification systems;
(c) Synchronizing and deflection circuitry;
(d) Tuners and tuner control systems; and
(e) Audio detection and amplification systems.
10.  For the purposes of subheading 8540.91.15, the term "front panel assembly" refers to:(a) with respect to a color cathode-ray television picture tube, an assembly which consists of a glass panel and a shadow mask or aperture grille, attached for ultimate use, which is suitable for incorporation into a color cathode-ray television picture tube (including video monitor cathode-ray tube), and which has undergone the necessary chemical and physical processes for imprinting phosphors on the glass panel with sufficient precision to render a video image when excited by a stream of electrons; or
(b) with respect to a monochrome cathode-ray picture tube, an assembly which consists of either a glass panel or a glass envelope, which is suitable for incorporation into a monochrome cathode-ray television picture tube (including video monitor or video projector cathode-rate tube), and which has undergone the necessary chemical and physical processes for imprinting phosphors on the glass panel or glass envelope with sufficient precision to render a video image when excited by a stream of electrons.
  11.  For the purposes of subheading 8538.90.10, the expression "articles described in additional U.S. note 11 to chapter 85" means any of the following goods: photocopying apparatus of subheading 8443.32.30, 8443.32.50, 8443.39.20 or 8443.39.40; word processing machines of heading 8469; articles of heading 8470 or heading 8471; automatic teller machines of subheading 8472.90.10; articles of subheadings 8486.10 through 8486.40; articles of heading 8517; articles of subheading 8519.50; transmission apparatus of subheading 8525.50.10; articles of subheading 8525.60; digital still image cameras of subheading 8525.89.40; articles of subheading 8543.70.93; plotters of subheading 9017.10.40 or 9017.20.70; instruments and apparatus of heading 9026; instruments and apparatus of heading 9027 except of subheading 9027.10 or 9027.90.20; instruments and apparatus of subheading 9030.40; instruments and apparatus of subheading 9030.82; optical instruments and appliances of subheading 9031.41; optical instruments and appliances of subheading 9031.49.70; articles of subheading 9031.80.40.  
12.  For the purposes of subheading 8517.69.00, the term "paging receivers" includes paging alert devices designed merely to emit a sound or visual signal (e.g., flashing light) upon the reception of a pre-set radio signal.
Statistical Notes
1. For the purposes of this chapter the terms "AM" and "FM" refer to the entertainment broadcast bands of 550-1650 kHz and 88-108MHz, respectively.
2. For statistical reporting purposes under subheading 8539.10, the size of a sealed beam lamp unit is determined by measuring the largest diagonal dimension across the faceplate.
3.  For statistical reporting purposes under subheading 8544.70, the unit of quantity "fiber m", as it pertains to optical fiber cables, is determined by multiplying the number of individual fibers contained therein by the length in meters.
4. For statistical reporting purposes in heading 8542 the following definitions will apply:(a)  The term "static read-write random access (SRAM)" refers to integrated circuit memory devices in which the memory cells may be addressed in any sequence, randomly, for the storage or retrieval of data and in which in which the stored information is retained without further intervention as long as electric power is supplied to the device.
(b)  The term "volatile memory" refers to integrated circuit memory devices which lose all stored information in the absence of electric power.
(c)  The term "dynamic read-write random access (DRAM)" refers to integrated circuit memory devices in which the memory cells may be addressed in any sequence, randomly, for the storage or retrieval of data and in which the stored information must continually be refreshed in order to hold the information in memory.
(d)  The term "electrically erasable programmable read-only memory (EEPROM)" refers to user programmable integrated circuit memory devices which retain the stored information in the absence of electric power and in which the stored information may be altered electrically.
(e)  The term "erasable (except electrically) programmable read-only memory (EPROM)" refers to user programmable integrated circuit memory devices which retain the stored information in the absence of electric power and from which the stored information may be removed (except electrically). Such devices are usually erased by exposure to ultraviolet light after which they may be rewritten with new information.
(f)  The term "microprocessor" refers to a central processing unit (CPU) fabricated as a monolithic integrated circuit.
(g)  The term "kilobit" refers to 1,024 bits of data storage capacity, the term "megabit" refers to 1,024 kilobits of data storage capacity, and the term "gigabit" refers to 1,024 megabits of data storage capacity.
5. For statistical reporting purposes under subheading 8532.22, the diameter of aluminum electrolytic capacitors not having a circular cross-section shall be the maximum dimension measured through the center.
    6. For the purposes of statistical reporting number 8544.42.9010, "Extension cords" is defined as a flexible cord assembly incorporating an electrical plug conforming to types 1-15P, 5-15P or 5-20P of the National Electrical Manufacturers Association (NEMA) and one or more receptacles conforming to NEMA type 1-15R, 5-15R or 5-20R.  
7.    For statistical reporting purposes under subheading 8539.52.00, the types of light-emitting (LED) lamps are defined by American National Standards Institute for Electric Lamps as follows:           (a)        ANSI shapes A, BT, P, PS or T described under 8539.52.0010, except for the straight linear tubes or U-shaped tubes of statistical reporting number 8539.52.0051;   
  (b)  ANSI shapes B, BA, C, CA, DC, F, G or ST described under 8539.52.0020;  
  (c)  ANSI shapes R, BR or PAR described under 8539.52.0030; or  
  (d)  ANSI shapes MR11, MR16 or MRX16 described under 8539.52.0040.  
8.  For the purposes of heading 8501, photovoltaic generators consist of panels of photocells combined with other apparatus, e.g., storage batteries and electronic controls (voltage regulator, inverter, etc.) and panels or modules equipped with elements, however simple (for example, diodes to control the direction of the current), which supply the power directly to, for example, a motor, an electrolyser. In these devices, electricity is produced by means of solar cells which convert solar energy directly into electricity (photovoltaic conversion).     
9.           For the purposes of statistical reporting numbers 8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000, 8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000, 8507.20.8010, 8541.42.0010, 8541.42.0080, 8541.43.0010 and 8541.43.0080, importers should report the total watts at maximum power based on standard test conditions according to the latest revision of International Electrotechnical Commission (IEC) 60904, "Photovoltaic Devices.?         
10.         For the purposes of statistical reporting numbers 8541.42.0010 and 8541.43.0010, the term "crystalline silicon photovoltaic cells" means crystalline silicon photovoltaic cells of a thickness equal to or greater than 20 micrometers, having a p/n junction (or variant thereof) formed by any means, whether or not the cell imported under statistical reporting number 8541.42.0010 (or subassemblies thereof imported under statistical reporting number 8541.43.0010) has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Such cells include photovoltaic cells that contain crystalline silicon in addition to other photovoltaic materials. This includes, but is not limited to, passivated emitter rear contact cells, heterojunction with intrinsic thin-layer cells, and other so-called hybrid cells.
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