Chapter notes

• 1. This chapter does not cover: (a) foods or beverages (such as dietetic, diabetic or fortified foods, food supplements, tonic beverages and mineral waters), other than nutritional preparations for intravenous administration (Section IV); (b) products, such as tablets, chewing gum or patches (transdermal systems), containing nicotine and intended to assist tobacco use cessation (heading [2404](/headings/2404)); (c) plasters specially calcined or finely ground for use in dentistry (heading [2520](/headings/2520)); (d) aqueous distillates or aqueous solutions of essential oils, suitable for medicinal uses (heading [3301](/headings/3301)); (e) preparations of heading [3303](/headings/3303) to [3307](/headings/3307), even if they have therapeutic or prophylactic properties; (f) soap or other products of heading [3401](/headings/3401) containing added medicaments; (g) preparations with a basis of plaster for use in dentistry (heading [3407](/headings/3407)); or (h) blood albumin not prepared for therapeutic or prophylactic uses (heading [3502](/headings/3502)). (ij) diagnostic reagents of heading 3822. 2. For the purposes of heading [3002](/headings/3002), the expression ‘immunological products’ applies to peptides and proteins (other than goods of heading [2937](/headings/2937)) which are directly involved in the regulation of immunological processes, such as monoclonal antibodies (MAB), antibody fragments, antibody conjugates and antibody fragment conjugates, interleukins, interferons (IFN), chemokines and certain tumour-necrosis factors (TNF), growth factors (GF), hematopoietins and colony-stimulating factors (CSF). 3. For the purposes of heading [3003](/headings/3003) and [3004](/headings/3004) and of note 4(d) to this chapter, the following are to be treated: - (a) as unmixed products: - (1) unmixed products dissolved in water; - (2) all goods of Chapter [28](/chapters/28) or [29](/chapters/29); and - (3) simple vegetable extracts of heading [1302](/headings/1302), merely standardised or dissolved in any solvent; - (b) as products which have been mixed: - (1) colloidal solutions and suspensions (other than colloidal sulphur); - (2) vegetable extracts obtained by the treatment of mixtures of vegetable materials; and - (3) salts and concentrates obtained by evaporating natural mineral waters. 4. Heading [3006](/headings/3006) applies only to the following, which are to be classified in that heading and in no other heading of the classification: (a) sterile surgical catgut, similar sterile suture materials (including sterile absorbable surgical or dental yarns) and sterile tissue adhesives for surgical wound closure; (b) sterile laminaria and sterile laminaria tents; (c) sterile absorbable surgical or dental haemostatics; sterile surgical or dental adhesion barriers, whether or not absorbable; (d) opacifying preparations for X-ray examinations and diagnostic reagents designed to be administered to the patient, being unmixed products put up in measured doses or products consisting of two or more ingredients which have been mixed together for such uses; (e) placebos and blinded (or double-blinded) clinical trial kits for use in recognised clinical trials, put up in measured doses, even if they might contain active medicaments; (f) dental cements and other dental fillings; bone reconstruction cements; (g) first-aid boxes and kits; (h) chemical contraceptive preparations based on hormones, on other products of heading [2937](/headings/2937) or on spermicides; (ij) gel preparations designed to be used in human or veterinary medicine as a lubricant for parts of the body for surgical operations or physical examinations or as a coupling agent between the body and medical instruments; (k) waste pharmaceuticals, that is, pharmaceutical products which are unfit for their original intended purpose due to, for example, expiry of shelf life; and (l) appliances identifiable for ostomy use, that is, colostomy, ileostomy and urostomy pouches cut to shape and their adhesive wafers or faceplates. ### Subheading notes 1. For the purposes of subheadings [3002 13](/commodities/3002130000) and [3002 14](/commodities/3002140000), the following are to be treated: - (a) as unmixed products, pure products, whether or not containing impurities; - (b) as products which have been mixed: - (1) the products mentioned in (a) above dissolved in water or in other solvents; - (2) the products mentioned in (a) and (b) (1) above with an added stabiliser necessary for their preservation or transport; and - (3) The products mentioned in (a), (b) (1) and (b) (2) above with any other additive. 2. Subheadings [3003 60](/commodities/3003600000) and [3004 60](/commodities/3004600000) cover medicaments containing artemisinin (INN) for oral ingestion combined with other pharmaceutical active ingredients, or containing any of the following active principles, whether or not combined with other pharmaceutical active ingredients: amodiaquine (INN); artelinic acid or its salts; artenimol (INN); artemotil (INN); artemether (INN); artesunate (INN); chloroquine (INN); dihydroartemisinin (INN); lumefantrine (INN); mefloquine (INN); piperaquine (INN); pyrimethamine (INN) or sulfadoxine (INN). ### Additional chapter note 1. Heading [3004](/headings/3004) includes herbal medicinal preparations and preparations based on the following active substances: vitamins, minerals, essential amino-acids or fatty acids, in packings for retail sale. These preparations are classified in heading [3004](/headings/3004) if they bear on the label, packaging or on the accompanying user directions the following statements of: (a) the specific diseases, ailments or their symptoms for which the product is to be used; (b) the concentration of active substance or substances contained therein; (c) dosage; and (d) mode of application. This heading includes homeopathic medicinal preparations when they meet the conditions of (a), (c) and (d) mentioned above. In the case of preparations based on vitamins, minerals, essential amino-acids or fatty acids, the level of one of these substances per recommended daily dose indicated on the label must be significantly higher than the recommended daily allowance to maintain general health or well-being.

Section notes

• 1. (A) Goods (other than radioactive ores) answering to a description in heading [2844](/headings/2844) or [2845](/headings/2845) are to be classified in those headings and in no other heading of the classification. (B) Subject to paragraph (A) above, goods answering to a description in heading [2843](/headings/2843), [2846](/headings/2846) or [2852](/headings/2852) are to be classified in those headings and in no other heading of this section. 2. Subject to Note 1 above, goods classifiable in heading [3004](/headings/3004), [3005](/headings/3005), [3006](/headings/3006), [3212](/headings/3212), [3303](/headings/3303), [3304](/headings/3304), [3305](/headings/3305), [3306](/headings/3306), [3307](/headings/3307), [3506](/headings/3506), [3707](/headings/3707) or [3808](/headings/3808) by reason of being put up in measured doses or for retail sale are to be classified in those headings and in no other heading of the classification. 3. Goods put up in sets consisting of two or more separate constituents, some or all of which fall in this section and are intended to be mixed together to obtain a product of Section VI or VII, are to be classified in the heading appropriate to that product, provided that the constituents are: a. having regard to the manner in which they are put up, clearly identifiable as being intended to be used together without first being repacked; b. presented together; and c. identifiable, whether by their nature or by the relative proportions in which they are present, as being complementary one to another. 4. Where a product answers to a description in one or more of the headings in Section VI by virtue of being described by name or function and also to heading [3827](/headings/3827), then it is classifiable in a heading that references the product by name or function and not under heading [3827](/headings/3827).