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Section XV : Base metals and articles of base metal

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Footnotes

Code Description
TN701

According to the Council Regulation (EU) No 692/2014 (OJ L183, p. 9) it shall be prohibited to import into European Union goods originating in Crimea or Sevastopol.<br>The prohibition shall not apply in respect of: <br>(a) the execution until 26 September 2014, of trade contracts concluded before 25 June 2014, or of ancillary contracts necessary for the execution of such contracts, provided that the natural or legal persons, entity or body seeking to perform the contract have notified, at least 10 working days in advance, the activity or transaction to the competent authority of the Member State in which they are established. <br>(b) goods originating in Crimea or Sevastopol which have been made available to the Ukrainian authorities for examination, for which compliance with the conditions conferring entitlement to preferential origin has been verified and for which a certificate of origin has been issued in accordance with Regulation (EU) No 978/2012 and Regulation (EU) No 374/2014 or in accordance with the EU-Ukraine Association Agreement.

TN702

According to the Council Regulation (EU) No 1351/2014 (OJ L365, p. 46), the export of goods and technologies suited for use in the sectors of transport; telecommunications; energy; prospection, exploatation and production of oil, gas and mineral resources is prohibited:<br>(a) to any natural or legal person, entity or body in Crimea or Sevastopol, or<br>(b) for use in Crimea or Sevastopol.<br>The prohibitions shall be without prejudice to the execution until 21 March 2015 of an obligation arising from a contract concluded before 20 December 2014, or by ancillary contracts necessary for the execution of such contracts, provided that the competent authority has been informed at least five working days in advance.<br>When related to the use in Crimea or Sevastopol, the prohibitions do not apply where there are no reasonable grounds to determine that the goods and technology or the services are to be used in Crimea or Sevastopol.

Chapter notes

  • ### Subheading notes 1. In this chapter, the following expressions have the meanings hereby assigned to them: a. nickel, not alloyed: Metal containing by weight at least 99% of nickel plus cobalt, provided that: (i) the cobalt content by weight does not exceed 1.5%, and (ii) the content by weight of any other element does not exceed the limit specified in the following table: | Element | Limiting content % by weight | |-|-| | Fe (Iron) | 0.5 | | O (Oxygen) | 0.4 | | Other elements, each | 0.3 | b. nickel alloys: Metallic substances in which nickel predominates by weight over each of the other elements provided that: (i) the content by weight of cobalt exceeds 1.5%, (ii) the content by weight of at least one of the other elements is greater than the limit specified in the foregoing table, or (iii) the total content by weight of elements other than nickel plus cobalt exceeds 1%. 2. Notwithstanding the provisions of Note 9(c) to Section XV, for the purposes of subheading [7508 10](/commodities/7508100000) the term `wire' applies only to products, whether or not in coils, of any cross-sectional shape, of which no cross sectional dimension exceeds 6 mm.

Section notes

  • 1. This section does not cover: a. prepared paints, inks or other products with a basis of metallic flakes or powder (heading [3207](/headings/3207) to [3210](/headings/3210), [3212](/headings/3212), [3213](/headings/3213) or [3215](/headings/3215)); b. ferro-cerium or other pyrophoric alloys (heading [3606](/headings/3606)); c. headgear or parts thereof of heading [6506](/headings/6506) or [6507](/headings/6507); d. umbrella frames or other articles of heading [6603](/headings/6603); e. goods of Chapter [71](/chapters/71) (for example, precious-metal alloys, base metal clad with precious metal, imitation jewellery); f. articles of Section XVI (machinery, mechanical appliances and electrical goods); g. assembled railway or tramway track (heading [8608](/headings/8608)) or other articles of Section XVII (vehicles, ships and boats, aircraft); h. instruments or apparatus of Section XVIII, including clock or watch springs; ij. lead shot prepared for ammunition (heading [9306](/headings/9306)) or other articles of Section XIX (arms and ammunition); k. articles of Chapter [94](/chapters/94) (for example, furniture, mattress supports, luminaires and lighting fittings, illuminated signs, prefabricated buildings); l. articles of Chapter [95](/chapters/95) (for example, toys, games, sports requisites); m. hand sieves, buttons, pens, pencil-holders, pen nibs, monopods, bipods, tripods and similar articles or other articles of Chapter [96](/chapters/96) (miscellaneous manufactured articles); or n. articles of Chapter [97](/chapters/97) (for example, works of art). 2. Throughout the classification, the expression 'parts of general use' means: a. articles of heading [7307](/headings/7307), [7312](/headings/7312), [7315](/headings/7315), [7317](/headings/7317) or [7318](/headings/7318) and similar articles of other base metal, other than articles specially designed for use exclusively in implants in medical, surgical, dental or veterinary sciences (heading [9021](/headings/9021)) b. springs and leaves for springs, of base metal, other than clock or watch springs (heading [9114](/headings/9114)); and c. articles of heading [8301](/headings/8301), [8302](/headings/8302), [8308](/headings/8308), [8310](/headings/8310) and frames and mirrors, of base metal, of heading [8306](/headings/8306). In Chapters [73](/chapters/73) to [76](/chapters/76) and [78](/chapters/78) to [82](/chapters/82) (but not in heading [7315](/headings/7315)), references to parts of goods do not include references to parts of general use as defined above. Subject to the preceding paragraph and to note 1 to Chapter [83](/chapters/83), the articles of Chapter [82](/chapters/82) or [83](/chapters/83) are excluded from Chapters [72](/chapters/72) to 76 and [78](/chapters/78) to [81](/chapters/81). 3. Throughout the classification, the expression 'base metals' means: iron and steel, copper, nickel, aluminium, lead, zinc, tin, tungsten (wolfram), molybdenum, tantalum, magnesium, cobalt, bismuth, cadmium, titanium, zirconium, antimony, manganese, beryllium, chromium, germanium, vanadium, gallium, hafnium, indium, niobium (columbium), rhenium and thallium. 4. Throughout the classification, the term 'cermets' means products containing a microscopic heterogeneous combination of a metallic component and a ceramic component. The term 'cermets' includes sintered metal carbides (metal carbides sintered with a metal). 5. Classification of alloys (other than ferro-alloys and master alloys as defined in Chapters [72](/chapters/72) and [74](/chapters/74)): a. An alloy of base metals is to be classified as an alloy of the metal which predominates by weight over each of the other metals. b. An alloy composed of base metals of this section and of elements not falling within this section is to be treated as an alloy of base metals of this section if the total weight of such metals equals or exceeds the total weight of the other elements present. c. In this section, the term 'alloys' includes sintered mixtures of metal powders, heterogeneous intimate mixtures obtained by melting (other than cermets) and intermetallic compounds. 6. Unless the context otherwise requires, any reference in the classification to a base metal includes a reference to alloys which, by virtue of note 5 above, are to be classified as alloys of that metal. 7. Classification of composite articles: Except where the headings otherwise require, articles of base metal (including articles of mixed materials treated as articles of base metal under the General Interpretative rules) containing two or more base metals are to be treated as articles of the base metal predominating by weight over each of the other metals. For this purpose: a. Iron and steel, or different kinds of iron or steel, are regarded as one and the same metal. b. An alloy is regarded as being entirely composed of that metal as an alloy of which, by virtue of note 5, it is classified. c. A cermet of heading [8113](/headings/8113) is regarded as a single base metal. 8. In this section, the following expressions have the meanings hereby assigned to them:
  • a. Waste and scrap
  • All metal waste and scrap, and metal goods definitely not usable as such because of breakage, cutting-up, wear or other reasons.
  • b. Powders
  • Products of which 90% or more by weight passes through a sieve having a mesh aperture of 1mm. 9. For the purposes of Chapters [74](/chapters/74) to [76](/chapters/76) and [78](/chapters/78) to [81](/chapters/81), the following expressions have the meanings hereby assigned to them :
  • (a) Bars and rods
  • Rolled, extruded, drawn or forged products, not in coils, which have a uniform solid cross-section along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons (including “flattened circles” and “modified rectangles”, of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel). Products with a rectangular (including square), triangular or polygonal cross-section may have corners rounded along their whole length. The thickness of such products which have a rectangular (including “modified rectangular”) cross-section exceeds one-tenth of the width. The expression also covers cast or sintered products, of the same forms and dimensions, which have been subsequently worked after production (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or products of other headings. Wire-bars and billets of Chapter [74](/chapters/74) with their ends tapered or otherwise worked simply to facilitate their entry into machines for converting them into, for example, drawing stock (wire-rod) or tubes, are however to be taken to be unwrought copper of heading [7403](/headings/7403). This provision applies mutatis mutandis to the products of Chapter [81](/chapters/81).
  • (b) Profiles
  • Rolled, extruded, drawn, forged or formed products, coiled or not, of a uniform cross-section along their whole length, which do not conform to any of the definitions of bars, rods, wire, plates, sheets, strip, foil, tubes or pipes. The expression also covers cast or sintered products, of the same forms, which have been subsequently worked after production (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or products of other headings.
  • (c) Wire
  • Rolled, extruded or drawn products, in coils, which have a uniform solid cross-section along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons (including “flattened circles” and “modified rectangles”, of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel). Products with a rectangular (including square), triangular or polygonal cross-section may have corners rounded along their whole length. The thickness of such products which have a rectangular (including “modified rectangular”) cross-section exceeds one-tenth of the width.
  • (d) Plates, sheets, strip and foil
  • Flat-surfaced products (other than the unwrought products), coiled or not, of solid rectangular (other than square) cross-section with or without rounded corners (including “modified rectangles” of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) of a uniform thickness, which are : - of rectangular (including square) shape with a thickness not exceeding one-tenth of the width; - of a shape other than rectangular or square, of any size, provided that they do not assume the character of articles or products of other headings. Headings for plates, sheets, strip, and foil apply, inter alia, to plates, sheets, strip, and foil with patterns (for example, grooves, ribs, chequers, tears, buttons, lozenges) and to such products which have been perforated, corrugated, polished or coated, provided that they do not thereby assume the character of articles or products of other headings.
  • (e) Tubes and pipes
  • Hollow products, coiled or not, which have a uniform cross-section with only one enclosed void along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons, and which have a uniform wall thickness. Products with a rectangular (including square), equilateral triangular or regular convex polygonal cross-section, which may have corners rounded along their whole length, are also to be considered as tubes and pipes provided the inner and outer cross-sections are concentric and have the same form and orientation. Tubes and pipes of the foregoing cross-sections may be polished, coated, bent, threaded, drilled, waisted, expanded, cone-shaped or fitted with flanges, collars or rings
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