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New Set of Amendments to the Harmonized System of Explanatory Notes (Part VIII)

The World Customs Organization (WCO) has issued an amending supplement (No. 5, dated February 2004) to the Harmonized System (HS) Explanatory Notes (ENs). (Although not binding by U.S. Customs and Border Protection (CBP), the ENs are followed by CBP whenever possible.)

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(This is Part VIII of a multi-part series of summaries on this amending supplement. See future issues of ITT for additional summaries.)

The following are short summaries of the amendments made to the ENs by this latest amending supplement:

1. Other Agricultural, Horticultural, Forestry, Poultry-Keeping Machinery, Etc. Under HS 84.36

Other Agricultural, Horticultural or Forestry Machinery; Germination Plant. On page 1484, under "(I) Other Agricultural, Horticultural or Forestry Machinery; Germination Plant" the list of items included is expanded by adding a new Item (IJ) which reads: "Germination appliances (e.g. "germinators") provided they are fitted with mechanical features (e.g. pumps, motors or fans) or thermal equipment. Simple chests not so equipped are excluded (classified according to the constituent material)."

Poultry-Keeping Machines, Incubators and Brooders.On page 1485, under "(II) Poultry-Keeping Machines, Incubators and Brooders" the list of items included has been revised and expanded as follows:

Item "(A) Incubators" has been revised and expanded to read: "These machines are fitted with devices permitting eggs, placed in trays, to be automatically turned in an atmosphere where temperature, air flow, and air humidity conditions can be exactly controlled. They may work in conjunction with a control system which may be linked to a personal ADP machine in order to optimise the incubation result. Some incubators, known as combi-incubators, incorporate hatcher functions."

A new Item "(B) Hatchers" has been added which reads: "In these machines, which incorporate devices for controlled heating and air circulation, the eggs are placed in baskets or special trays for hatching."

Existing Item "(B) Brooders" has been reordered as Item (C) which now reads: "Brooders, larger appliances with heating and cooling devices, used for rearing young chicks" rather than the previous text: "Brooders, larger appliances heated in a similar manner, used for rearing young chicks."

Existing Item "(C) Rearing and laying units or "batteries"" has been reordered as Item (D); however, the text remains unchanged.

Existing Item "(D) Egg candlers (or testers)" has been reordered as Item (E); however, its text also remains the same.

New Item "(F) Sexing and vaccination equipment" has been added which reads: "Sexing and vaccination equipment, enabling hatcheries to separate chicks of different sex and to vaccinate them. These machines are not designed to be used by veterinary surgeons."

A new paragraph has been added below the list of items included to state that "this heading does not include machines, known as chick counting and boxing systems, for automatically counting and placing chicks in boxes (heading 84.22); the handling of chicks is the primary function, the counting being merely a secondary function permitting to place in a box a fixed number of chicks, predetermined in accordance with the size of the box."

2. Machinery for Making Pulp of Fibrous Cellulosic Material or for Making or Finishing Paper or Paperboard Under HS 84.39

Introductory paragraph. On page 1495, the paragraph under the list of sections contained in HS 84.39 has been revised by removing the words "esparto grass, rags, old rope" from text inside parenthesis in the first sentence. With regard to the parenthesized text in the second to last sentence, the words "wood, straw, bagasse" are added and the words "esparto, rags" are removed.

Machinery for Making Pulp of Fibrous Cellulosic Material. Also on page 1495, the list of items included under "(I) Machinery for Making Pulp of Fibrous Cellulosic Material, (A) Machines for the preliminary treatment of the raw materials in the process of pulp making, e.g.:" has been renumbered as follows:

Existing Items (1), (2), and (3) are deleted.

Existing Items (4) through (9) are redesignated as items (1) through (6); however, their text remains the same.

On page 1496, the following changes are made:

existing Item "(D) Machines for beating the fibers with water" is deleted

existing Items "(E) and (F)" are redesignated as "(D)" and (E)"

(See ITT's Online Archives or 11/12/04 news, 04111245, for BP summary of Part VII of BP's summary of these amendments to the HS ENs.)

Information about the Harmonized System is available on the WCO Web site at http://www.wcoomd.org/ie/En/Topics_Issues/topics_issues.html

EN amendments available at http://www.wcoomd.org/ie/En/Topics_Issues/HarmonizedSystem/Enhs33en.pdf