Chapter 38
Notes.
l.‑ This Chapter
does not cover:
(a)
Separate chemically defined elements or compounds with the
exception of the following:
(1)
Artificial graphite (heading 38.01);
(2)
Insecticides, rodenticides, fungicides, herbicides, anti‑sprouting
products and plant‑growth regulators, disinfectants and similar products,
put up as described in heading 38.08;
(3)
Products put up as charges for fire‑extinguishers or
put up in fire‑extinguishing grenades (heading 38.13);
(4)
Certified reference materials specified in Note 2 below;
(5)
Products specified in Note 3 (a) or 3 (c) below;
(b)
Mixtures of chemicals with foodstuffs or other substances
with nutritive value, of a kind used in the preparation of human foodstuffs
(generally heading 21.06);
(c)
Ash and residues (including sludges, other than sewa a slud
e) containing metals, arsenic or their mixtures and meeting the requirements of
Note 3(a) or 3 (b) to Chapter 26 (heading 26.20);
(d)
Medicaments (heading 30.03 or 30.04); or
(e)
Spent catalysts of a kind used for the extraction of base
metals or for the manufacture of chemical compounds of base metals (heading
26.20), spent catalysts of a kind used principally for the recovery of precious
metal (heading 71.12) or catalysts consisting of metals or metal alloys in the
form of, for example, finely divided powder or woven gauze (Section XIV or XV).
2.‑ (A) For the purpose of heading 38.22, the expression "certified reference materials" means reference materials which are accompanied by a certificate which indicates the values of the certified properties, the methods used to determine these values and the degree of certainty associated with each value and which are suitable for analytical, calibrating or referencing purposes.
(B) With the exception
of the products of Chapter 28 or 29, for the classification of certified
reference materials, heading 38.22 shall take precedence over any other heading
in the Nomenclature.
3.- Heading 38.24
includes the following goods which are not to be classified in any other
heading of the Nomenclature:
(a)
Cultured crystals (other than optical elements) weighing not
less than 2.5 g each, of magnesium oxide or of the halides of the alkali or
alkaline‑earth metals;
(b)
Fusel oil; Dippel's oil;
(c)
Ink removers put up in packings for retail sale;
(d)
Stencil correctors and other correcting fluids put up in
packings for retail sale; and
(e)
Ceramic firing testers, fusible (for example, Seger cones).
4.‑ Throughout the
Nomenclature, "municipal waste" means waste of a kind collected from
households, hotels, restaurants, hospitals, shops, offices, etc., road and
pavement sweepings, as well as construction and demolition waste. Municipal
waste generally contains a large variety of materials such as plastics, rubber,
wood, paper, textiles, glass, metals, food materials, broken furniture and
other damaged or
discarded articles. The term "municipal waste", however, does not
cover:
(a)
Individual materials or articles segregated from the waste,
such as wastes of plastics, rubber, wood, paper, textiles, glass or metals and
spent batteries which fall in their appropriate headings of the Nomenclature;
(b)
Industrial waste;
(c)
Waste pharmaceuticals, as defined in Note 4 (k) to Chapter
30; or
(d)
Clinical waste, as defined in Note 6 (a) below.
5.‑ For the
purposes of heading 38.25, "sewage sludge" means sludge arising from
urban effluent treatment plant and includes pre‑treatment waste,
scourings and unstabilised sludge. Stabilised sludge when suitable for use as
fertiliser is excluded (Chapter 31).
6.‑ For the
purposes of heading 38.25, the expression "other wastes" applies to:
(a)
Clinical waste, that is, contaminated waste arising from
medical research, diagnosis, treatment or other medical, surgical, dental or
veterinary procedures, which often contain pathogens and pharmaceuticl
substances and require special disposal procedures (for example, soiled
dressings, used gloves and used syringes);
(b)
Waste organic solvents;
(c)
Wastes of metal pickling liquors, hydraulic fluids, brake
fluids and anti‑freezing fluids; and
(d)
Other wastes from chemical or allied industries.
The expression
"other wastes" does not, however, cover wastes which contain mainly
petroleum oils or oils obtained from bituminous minerals (heading 27.10).
Subheading Note.
1.‑ For the
purposes of subheadings 3825.41 and 3825.49, "waste organic solvents"
are wastes containing mainly organic solvents, not fit for further use as
presented as primary products, whether or not intended for recovery of the
solvents.
Explanatory remarks to
chapter 38*
1-
The exportation of plant pesticides and substances used for
the control of harmful animals is subject to the approval of the Ministry of
Commerce and prior consent of the Ministry of Agriculture Jihad.
2-
Importation of prepared culture media and diagnostic reagents
classified under tariff Nos 38.21 and 38.22 is subject to the prior consent of
the Ministry of Health, Treatment and Medical