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New Set of Amendments to Harmonized System Explanatory Notes (Part VI - Final)

The World Customs Organization (WCO) has issued an amending supplement (No. 4, dated August 2003) to the Harmonized System Explanatory Notes (ENs). (Although not binding on U.S. Customs and Border Protection (CBP), the ENs are followed by CBP whenever possible.)

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(This is Part VI, the final part of a multipart series of summaries on this amending supplement.)

The following outlines these amendments to the ENs:

1. Certain solid-state, non-volatile data storage devices in HS 8523

In the ENs to HS 8523, two new paragraphs are added which read:

"(6) Solid-state, non-volatile data storage devices for recording data from an external source. These devices (also known as "flash memory cards" or "flash electronic storage cards") are used for recording data from an external source, such as navigation or global positioning systems, data collection terminals, portable scanners, medical monitoring appliances, audio recording apparatus, personal communicators, mobile phones and digital cameras. Generally, the data is stored onto and read from the device once it has been connected to that particular appliance, but can also be uploaded to an automatic data processing machine by using a special adapter. The devices only use power supplied from the appliances to which they are connected, and require no battery.

These non-volatile data storage devices are comprised of, in the same housing, one or more flash memories ("FLASH E2 PROM") in the form of integrated circuits mounted on a printed circuit board, and incorporate a connecting socket to a host appliance. They may include capacitors, resistors, and a microcontroller in the form of an integrated circuit."

2. Junction boxes in HS 8536

In the ENs to HS 8536, the second sentence of the paragraph entitled "(C) Junction boxes" has been amended to read: "Boxes not fitted with means of electrical connection or provisions therefor, are excluded and are classified according to their constituent material."

(This sentence previously stated: "Junction boxes not fitted with means of electrical connection, but used solely as a protective cover or to hold an insulating compound over a joint made independently, are not covered here, but are classified according to their constituent material.")

3. Subheading explanatory notes in HS 9401

Amends the ENs to HS 9401 by making the title "Subheading Explanatory Notes" plural and adds a new explanatory note for subheading 9401.80 which reads as follows: "Subheading 9401.80 This subheading also covers safety seats suitable for use for the carriage of infants and toddlers in motor vehicles or other means of transport. They are removable and are attached to the vehicle's seats by means of the seat belt and a tether strap."

4. Festive decorations, etc. in HS 9505

Amends the ENs to HS 9505 by revising "(A)(1)" to read "Festive decorations used to decorate rooms, tables, etc. (such as garlands, lanterns, etc.); decorative articles for Christmas trees (tinsel, coloured balls, animals and other figures, etc.); cake decorations which are traditionally associated with a particular festival (e.g. animals, flags).

("(A)(1)" previously read: "Decorations such as festoons, garlands, Chinese lanterns, etc., as well as various decorative articles made of paper, metal foil, glass fibre, etc., for Christmas trees (e.g. tinsel, stars, icicles), artificial snow, coloured balls, bells, lanterns, etc. Cake and other decorations (e.g. animals, flags) which are traditionally associated with a particular festival are also classified here.)

In addition, "(A)(2)" is revised to state: "Articles traditionally used at Christmas festivities, e.g. artificial Christmas trees, nativity scenes, nativity figures and animals, angels, Christmas crackers, Christmas stockings, imitation yule logs, Father Christmases."

("(A)(2)" had previously stated: "Articles traditionally used at Chirstmas festivities, e.g. artificial Christmas trees (these are sometimes of the folding type), nativity scenes, Christmas crackers, Christmas stockings, imitation yule logs.")

A new paragraph containing an additional exclusion is added to the end of "(A)" which states that: "This heading also excludes articles that contain a festive design, decoration, emblem or motif and have a utilitarian function, e.g. tableware, kitchenware, toilet articles, carpets and other textile floor coverings, apparel, bed linen, table linen, toilet linen, kitchen linen."

Finally, under the list of exclusions in "(B)", "(b)" is revised to state: "(b) candles (heading 34.06)." (This phrase had previously read: "(b) Christmas candles and Christmas tree candles (heading 34.06).")

(See ITT's Online Archives or 04/14/04 news, (Ref:04041425), for BP summary of Part V, with links to earlier installments. See ITT's Online Archives or 06/13/03 news, (Ref:03061330), for the final part of BP's summary of the February 2003 amendments to the ENs.)

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

EN amendments available at

http://www.wcoomd.org/ie/En/Topics_Issues/HarmonizedSystem/ENHS31E