OTHER SPECIAL CLASSIFICATION PROVISIONS
- (a) No article shall be exempted from duty under heading 9817.00.40 unless either --
- (i) a Federal agency (or agencies) designated by the President determines that such article is visual or auditory material of an educational, scientific or cultural character within the meaning of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character (17 UST (pt. 2) 1578; Beirut Agreement), or
- (ii) such article --
- (A) is imported by, or certified by the importer to be for the use of, any public or private institution or association approved as educational, scientific, or cultural by a Federal agency or agencies designated by the President for the purpose of duty-free admission pursuant to the Nairobi Protocol to the Florence Agreement, and
- (B) is certified by the importer to be visual or auditory material of an educational, scientific, or cultural character or to have been produced by the United Nations or any of its specialized agencies. For the purposes of subparagraph (i), whenever the President determines that there is, or may be, profitmaking exhibition or use of articles described in heading 9817.00.40 which interferes significantly (or threatens to interfere significantly) with domestic production of similar articles, he may prescribe regulations imposing restrictions on the entry under one of the above-cited subheadings of such foreign articles to insure that they will be exhibited or used only for nonprofitmaking purposes.
- (b) For purposes of headings 9817.00.42 through 9817.00.48, inclusive, no article shall be exempted from duty unless it meets the criteria set forth in the subparagraphs (a)(ii)(A) and (B) of this note.
- 2. The provisions of headings 9817.00.50 and 9817.00.60 do not apply to:
- (a) articles provided for in chapter 25;
- (b) articles provided for in subheading 3212.10;
- (c) articles provided for in subheading 3926.90.30;
- (d) articles of leather or of fur on the skin;
- (e) articles of textile material;
- (f) articles provided for in section XIII (except heading 6808 and subheadings 6809.11, 7018.10, 7018.90, 7019.40, 7019.51, 7019.52 and 7019.59);
- (g) articles provided for in chapter 71;
- (h) articles provided for in chapter 72;
- (ij) articles provided for in chapter 73 (except subheadings 7308.10, 7308.20, 7308.40 and 7308.90, subheadings 7315.81 through 7315.89, subheadings 7319.40, 7325.10, 7325.91, 7326.11 and 7326.19);
- (k) articles provided for in chapter 74 (except subheadings 7419.10 and 7419.91);
- (l) articles provided for in chapter 75;
- (m) articles provided for in chapter 76 (except heading 7610);
- (n) articles provided for in chapter 78;
- (o) articles provided for in chapter 79 (except gutters, roof capping, skylight frames and other fabricated building components, of zinc);
- (p) articles provided for in chapter 80;
- (q) articles provided for in chapter 81 (except subheadings 8101.99 and 8102.99);
- (r) articles provided for in chapter 82;
- (s) articles provided for in chapter 83;
- (t) articles provided for in subheadings 8419.81.50, 8419.81.90, 8427.10, 8427.20, 8427.90 and 8431.20, headings 8432, 8433 and 8434, subheadings 8435.10 and 8435.90, heading 8436, subheadings 8438.80, 8468.10, 8472.90.40 and 8479.89, subheadings 8482.10.10 through 8482.99.65 (other than subheading 8482.91) and subheadings 8483.10.50 and 8487.10;
- (u) articles provided for in chapter 85 (except subheading 8519.81.20, heading 8523, subheadings 8532.90 and 8539.90, heading 8542, subheadings 8543.10 through 8543.30, subheadings 8543.70.60, 8543.70.80, 8543.70.85, 8543.70.92, 8543.70.96, 8543.90, 8544.70, 8546.90, 8547.20 and 8548.90);
- (v) articles provided for in chapter 86;
- (w) articles provided for in chapter 87 (except bicycles and other cycles, not motorized, and parts thereof), but interchangeable agricultural and horticultural implements are classifiable in subheading 9817.00.50 even if mounted at the time of importation on a tractor provided for in chapter 87;
- (x) articles provided for in chapter 88 (except heading 8805);
- (y) articles provided for in chapter 89 (except headings 8901, 8902 and 8904, subheadings 8905.10 and 8905.20, and headings 8907 and 8908);
- (z) articles provided for in subheadings 9006.69.01, 9032.89.20, 9032.89.40, 9032.90.20 and 9032.90.40;
- (aa) articles provided for in subheadings 9101.19.20, 9102.12, 9102.91.20, 9103.10.20, 9104.00.05 and 9104.00.45;
- (ab) articles provided for in heading 9405 (except subheadings 9405.60.60 and 9405.92);
- (ac) articles provided for in subheadings 9505.10.10, 9506.21.40 and 9506.21.80;
- (ad) articles provided for in subheading 9603.50.00, headings 9604.00.00 and 9605.00.00 and subheading 9616.10.00; or
- (ae) articles provided for in heading 9705.
- (a) Subheading 9817.00.80 does not apply when the market price of copper is under $1.12 per kilogram.
- (b) For purposes of subparagraph (a), the market price of copper is the average market price per kilogram for one calendar month of electrolytic copper in standard shapes and sizes, delivered Connecticut Valley, as determined by the United States International Trade Commission and reported to the Secretary of the Treasury in accordance with procedures set forth below.
- (c) For purposes of subparagraph (a), the market price of copper shall be considered to be under $1.12 per kilogram only on and after the twentieth day after the date of a report by the United States International Trade Commission to the Secretary of the Treasury that it has determined that the market price has been under $1.12 per kilogram for one calendar month. After any such report, the market price shall be considered as not being under $1.12 per kilogram only on and after the twentieth day after the date of a report by the Commission to the Secretary that it has determined that the market price has been $1.12 or more per kilogram for one calendar month.
- (d) Determinations by the said Commission of the market price of electrolytic copper shall be based upon sources commonly resorted to by the buyers of copper in the usual channels of commerce, including, but not limited to, quotations of the market price for electrolytic copper, in standard shapes and sizes, delivered Connecticut Valley, reported by the Engineering and Mining Journal's "Metal and Mineral Markets".
- (a) For purposes of subheadings 9817.00.92, 9817.00.94 and 9817.00.96, the term "blind or other physically or mentally handicapped persons" includes any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.
- (b) Subheadings 9817.00.92, 9817.00.94 and 9817.00.96 do not cover --
- (i) articles for acute or transient disability;
- (ii) spectacles, dentures, and cosmetic articles for individuals not substantially disabled;
- (iii) therapeutic and diagnostic articles; or
- (iv) medicine or drugs.
- 5. For purposes of subheading 9817.57.01, the term "mass-produced kits" includes only those which are designed to be sold in the customs territory of the United States exclusively in kit form.
- 6. For purposes of heading 9817.22.05, the duty-free treatment shall apply to liqueurs and spirituous beverages produced in the territory of Canada from rum if--
- (i) such rum is the growth, product, or manufacture of a designated Caribbean Basin Economic Recovery Act (CBERA) beneficiary country enumerated in general note 7(a) to the tariff schedule or of the Virgin Islands of the United States;
- (ii) such rum is imported directly from a designated CBERA beneficiary country enumerated in general note 7(a) to the tariff schedule or from the Virgin Islands of the United States into the territory of Canada, and such liqueurs and spirituous beverages are imported directly from the territory of Canada into the customs territory of the United States;
- (iii) when imported into the customs territory of the United States, such liqueurs and spirituous beverages are classified in subheading 2208.40 or 2208.90 of the tariff schedule; and
- (iv) such rum accounts for at least 90 percent by volume of the alcoholic content of such liqueurs and spirituous beverages.
- 7. The following provisions apply to heading 9817.85.01:
- (a) For purposes of this subchapter, including heading 9817.85.01, the term "prototypes" means originals or models of articles that-
- (i) are either in the preproduction, production, or postproduction stage and are to be used exclusively for development, testing, product evaluation, or quality control purposes; and
- (ii) in the case of originals or models of articles that are either in the production or postproduction stage, are associated with a design change from current production (including a refinement, advancement, improvement, development, or quality control in either the product itself or the means for producing the product).
For purposes of clause (i), automobile racing for purse, prize, or commercial competition shall not be considered to be "development, testing, product evaluation, or quality control."
- (i) Prototypes may be imported only in limited noncommercial quantities in accordance with industry practice.
- (ii) Except as provided for by the Secretary of the Treasury, prototypes or parts of prototypes may not be sold after importation into the United States or be incorporated into other products that are sold.
- (c) Articles subject to quantitative restrictions, antidumping orders, or countervailing duty orders may not be classified as prototypes under this note. Articles subject to licensing requirements, or which must comply with laws, rules, or regulations administered by agencies other than the United States Customs Service before being imported, may be classified as prototypes if they comply with all applicable provisions of law and otherwise meet the definition of "prototypes" under paragraph (a).
- 8. Any article exempt from duty under heading 9817.60.00 shall be free of taxes and fees that may otherwise be applicable, but shall not be free or otherwise exempt or excluded from routine or other inspections as may be required by the Customs Service.
- 1. For statistical reporting of merchandise under subheadings 9817.00.50, 9817.00.60, 9817.00.80, 9817.00.90, 9817.00.92, 9817.00.94, 9817.00.96, 9817.29.01, 9817.29.02, 9817.57.01, 9817.61.01, 9817.82.01, 9817.84.01, 9817.85.01, 9817.95.01, and 9817.95.05:
- (a) Report the 8-digit number (or 10-digit number, if any) found in this subchapter in addition to the 10-digit number appearing in chapters 1-97 which would be applicable but for the provisions of this subchapter; and
- (b) The quantities reported should be in the units provided in chapters 1-97.