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Section XVI
Machinery and Mechanical Appliances; Electrical Equipment; Parts thereof; Sound Recorders and Reproducers, Television Image and Sound Recorders and Reproducers, and Parts and Accessories of Such Articles

Notes

1.

This Section does not cover the following:

(a)

Transmission or conveyor belts or belting, of plastics of Chapter 39, or of vulcanised rubber (heading 40.10), or other articles of a kind used in machinery or mechanical or electrical appliances or for other technical uses, of vulcanised rubber(excluding hard rubber) (heading 40.16);

(b)

articles of leather or of composition leather (heading 42.05) or of furskin (heading 43.03), of a kind used in machinery or mechanical appliances or for other technical uses;

(c)

bobbins, spools, cops, cones, cores, reels or similar supports, of any material (for example, Chapter 39, 40,.44 or 48 or Section XV);

(d)

perforated cards for Jacquard or similar machines (for example, Chapter 39 or 48 or Section XV);

(e)

transmission or conveyor belts or belting of textile material (heading 59.10) or other articles of textile material for technical uses (heading 59.11);

(f)

precious or semi-precious stones (natural, synthetic or reconstructed) of headings 71.02 to 71.04, or articles wholly of such stones of heading 71.16 (excluding unmounted worked sapphires and diamonds for styli) (heading 85.22));

(g)

parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV), or similar goods of plastics (Chapter 39);

(h)

drill pipe (heading 73.04);

(ij)

endless belts of metal wire or strip (Section XV);

(k)

articles of Chapter 82 or 83;

(l)

articles of Section XVII;

(m)

articles of Chapter 90;

(n)

clocks, watches or other articles of Chapter 91;

(o)

interchangeable tools of heading 82.07 or brushes of a kind used as parts of machines (heading 96.03); similar interchangeble tools are to be classified according to the constituent material of their working part (for example, in Chapter 40, 42, 43, 45 or 59 or heading 68.04 or 69.09);

(p)

articles of Chapter 95; or

(q)

typewriter or similar ribbons, whether or not on spools or in cartridges (classified according to their constituent material, or in heading 96.12 if inked or otherwise prepared for giving impressions), or monopods, bipods, tripods and similar articles, of heading 96.20.

2.

Subject to Note 1 to this Section, Note 1 to Chapter 84 and Note 1 to Chapter 85, parts of machines (not being parts of the articles of heading 84.84, 85.44, 85.45, 85.46 or 85.47) are to be classified according to the following rules:

(a)

Parts which are goods included in any of the headings of Chapters 84 or 85 (excluding headings 84.09, 84.31, 84.48, 84.66, 84.73, 84.87, 85.03, 85.22, 85.29, 85.38 and 85.48) are in all cases to be classified in their respective headings;

(b)

other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading (including a machine of heading 84.79 or 85.43) are to be classified with the machines of that kind or in heading 84.09, 84.31, 84.48, 84.66, 84.73, 85.03, 85.22, 85.29 or 85.38 as appropriate. However, parts which are equally suitable for use principally with the goods of headings 85.17 and 85.25 to 85.28 are to be classified in heading 85.17, and parts which are suitable for use solely or principally with goods of heading 85.24 are to classified in heading 85.29;

(c)

all other parts are to be classified in heading 84.09, 84.31, 84.48, 84.66, 84.73, 85.03, 85.22, 85.29 or 85.38 as appropriate or, failing that in heading 84.87 or 85.48.

3.

Unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function.

4.

Where a machine (including a combination of machines) consists of individual components (whether separate or inter-connected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings in Chapter 84 or Chapter 85, then the whole falls to be classified in the heading appropriate to that function.

5.

For the purposes of these Notes, the expression "machine" means any machine, machinery, plant, equipment, apparatus or appliance cited in the headings of Chapter 84 or 85. 6.(A) Throughout the Nomenclature, the expression "electrical and electronic waste and scrap" means electrical and electronic assemblies, printed circuit boards, and electrical or electronic articles that:

(i)

have been rendered unusable for the original purpose by breakage, cutting-up or other processes or economically unsuitable for repair, refurbishment or renovation to render them fit for original purposes; and

(ii)

are packed or shipped in a manner not intended to protect individual articles from damage during transportation, loading and unloading operation.

(B)

Mixed consignments of "electrical and electronic waste and scrap" and other waste and are to be classified in heading 85.49.

(C)

This section does not cover municipal waste, as defined in Note 4 to Chapter 38.

Additional Notes

1.

The Commissioner may in his discretion and in the circumstances which he deems exceptional, in respect of an unassembled or disassembled machine, allow the provisions of General Note A. 2(a) to be applied also to an unassembled or disassembled machine of this Section which is imported in more than one consignment if the mass of such machine exceeds 500 t or is of a measurement for shipping purposes exceeding 500 m³, provided the application to enter the unassembled or disassembled machine in terms of this Note reaches the Commissioner prior to the importation of the first consignment.

2.

No paragraph.

3.

No paragraph.

4.

No paragraph.

5.

Tools necessary for the assembly or maintenance of machines or appliances are to be classified with those machines or appliances if imported with them. Interchangeable tools imported with machines or appliances are also to be classified therewith if they form part of the normal equipment of the machines or appliances and are normally sold with them.

6.

A reference in this Section to "portable" or to "mobile" is deemed to relate to machinery or other goods, irrespective of the mass or construction thereof, which can readily be moved, carried, transferred or conveyed by any means, for use on different premises and which are not for any reason in connection with the operation of the machinery or other goods, required to be attached permanently.

Chapter 84
Nuclear Reactors, Boilers, Machinery and Mechanical Appliances; Parts thereof

Notes

1.

This Chapter does not cover the following:

(a)

millstones, grindstones or other articles of Chapter 68;

(b)

machinery or appliances (for example, pumps) of ceramic material and ceramic parts of machinery or appliances of any material (Chapter 69);

(c)

laboratory glassware (heading 70.17); machinery, appliances or other articles for technical uses or parts thereof, of glass (heading 70.19 or 70.20);

(d)

articles of heading 73.21 or 73.22 or similar articles of other base metals (Chapters 74 to 76 or 78 to 81);

(e)

vacuum cleaners of heading 85.08;

(f)

electro-mechanical domestic appliances of heading 85.09; digital cameras of heading 85.25;

(g)

Radiators for the articles of Section XVII; or

(h)

hand-operated mechanical floor sweepers, not motorised (heading 96.03).

2.

Subject to the operation of Note 3 to Section XVI and subject to Note 11 to this Chapter, a machine or appliance which answers to a description in one or more of the headings 84.01 to 84.24, or heading 84.86 and at the same time to a description in one or other of the headings 84.25 to 84.80 is to be classified under the appropriate heading of the former group or under heading 84.86, as the case may be, and not the latter group. Heading 84.19 does not, however, cover:

(a)

germination plant, incubators or brooders (heading 84.36);

(b)

grain dampening machines (heading 84.37);

(c)

diffusing apparatus for sugar juice extraction (heading 84.38);

(d)

machinery for the heat-treatment of textile yarns, fabrics or made up textile articles (heading 84.51); or

(e)

machinery, plant or laboratory equipment, designed for mechanical operation, in which a change of temperature, even if necessary, is subsidiary. Heading 84.22 does not cover:

(a)

sewing machines for closing bags or similar containers (heading 84.52); or

(b)

office machinery of heading 84.72. Heading 84.24 does not cover:

(a)

ink-jet printing machines (heading 84.43); or

(b)

water-jet cutting machines (heading 84.56).

3.

A machine-tool for working any material which answers to a description in heading 84.56 and at the same time to a description in heading 84.57, 84.58, 84.59, 84.60, 84.61, 84.64 or 84.65 is to be classfied in heading 84.56.

4.

Heading 84.57 applies only to machine-tools for working metal (excluding lathes, including turning centres), which can carry out different types of machining operations either:

(a)

by automatic tool change from a magazine or the like in conformity with a machining programme (machining centres),

(b)

by the automatic use, simultaneously or sequentially, of different unit heads working on fixed position workpiece (unit construction machines, single station), or

(c)

by the automatic transfer of the workpiece to different unit heads (multi-station transfer machines).

5.

For the purposes of heading 84.62, a "slitting line" for flat products is a processing line composed of an uncoiler, a coil flattener, a slitter and as recoiler. A "cut-to-length line" for flat products is a processing line composed of an uncoiler, a coil flattener, and a shear.

6.

(A)

For the purposes of heading 84.71, the expression "automatic data processing machines" means machines capable of:

(i)

storing the processing program or programs and at least the data immediately necessary for the execution of the program;

(ii)

being freely programmed in accordance with the requirements of the user;

(iii

performing arithmetical computations specified by the user; and

(iv)

executing, without human intervention, a processing program which requires them to modify their execution, by logical decision during the processing run.

(B)

Automatic data processing machines may be in the form of systems consisting of a variable number of separate units.

(C)

Subject to paragraphs (D) and (E) below, a unit is to be regarded as being part of an automatic data processing system if it meets all of the following conditions:

(i)

it is of a kind solely or principally used in an automatic data processing system;

(ii)

it is connectable to the central processing unit either directly or through one or more other units; and

(iii

it is able to accept or deliver data in a form (codes or signals) which can be used by the system. Separately presented units of an automatic data processing machine are to be classified in heading 84.71.

However, keyboards, X-Y co-ordinate input devices and disk storage units which satisfy the conditions of paragraphs (C)(ii) and C(iii) above, are in all cases to be classified as units of heading 84.71.

(D)

Heading 84.71 does not cover the following when presented separately, even if they meet all of the conditions set forth in Note 6(C) above:

(i)

printers, copying machines, facsimile machines, whether or not combined;

(ii)

apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network);

(iii

loudspeakers and microphones:

(iv)

television cameras, digital cameras and video camera recorders;

(v)

monitors and projectors, not incorporating television reception apparatus.

(E)

Machines incorporating or working in conjunction with an automatic data processing machine and performing a specific function other than data processing are to be classified in the headings appropriate to their respective functions or, failing that, in residual headings.

7.

Heading 84.82 applies, inter alia, to polished steel balls, the maximum and minimum diameters of which do not differ from the norminal diameter by more than 1 per cent or by more than 0,05 mm, whichever is less. Other steel balls are to be classified in heading 73.26.

8.

A machine which is used for more than one purpose is, for the purposes of classification, to be treated as if its principal purpose were its sole purpose. Subject to Note 2 to this Chapter and Note 3 to Section XVI, a machine the principal purpose of which is not described in any heading or for which no one purpose is the principal purpose is, unless the context otherwise requires, to be classified in heading 84.79. Heading 84.79 also covers machines for making rope or cable (for example, stranding, twisting or cabling machines) from metal wire, textile yarn or any other material or from a combination of such materials.

9.

For the purposes of heading 84.70. the term "pocket-size" applies only to machines the dimensions of which do not exceed 170 mm x 100 mm x 45 mm.

10.

For the purposes of heading 84.85, the expression "additive manufacturing" (also referred to as 3D printing) means the formation of physical objects, based on a digital model, by the successive addition and layering, and consolidation and solidification, of material (for example, metal, plastics or ceramics)

Subject to Note 1 to Section XVI and Note 1 to Chapter 84, machines answering to the description in heading 85.85 are to be classified in that heading and in no other heading of the Nomenclature.

11. (A) Notes 12 (a) and 12 (b) to Chapter 85 also apply with respect to the expressions "semiconductor devices" and "electronic integrated circuits", respectively, as used in this Note and in heading 84.86. However, for the purposes of this Note and of heading 84.86, the expression "semiconductor devices" also covers photosensitive semiconductor devices and light emitting diodes (LED).

(B)

For the purposes of this Note and of heading 84.86, the expression "manufacture of flat panel displays" covers the fabrication of substrates into a flat panel. It does not cover the manufacture of glass or the assembly of printed circuit boards or other electronic components onto the flat panel. The expression "flat panel display" does not cover cathode-ray tube technology.

(C)

Heading 84.86 also includes machines and apparatus solely or principally of a kind used for:

(i)

The manufacture or repair of masks and reticle;

(ii)

assembling semiconductor device or electronic integrated circuits;

(iii)

lifting, handling, loading or unloading of boules, wafers, semiconductor devices, electronic integrated circuits and flat panel displays.

(D)

Subject to Note 1 to Section XVI and Note 1 to Chapter 84, machines and apparatus answering to the description in heading 84.86 are to be classified in that heading and in no other heading of the Schedule.

Subheading Notes

1.

For the purposes of subheading 8465.20, the term "machining centres" applies only to machine-tools for working wood, cork, bone, hard rubber, hard plastics or similar hard materials, which can carry out different types of machining operations by automatic tool change from a magazine or the like in conformity with a machining programme.

2.

For the purposes of subheading 8471.49, the term "system" means automatic data processing machines whose units satisfy the conditions laid down in Note 6 (C) to Chapter 84 and which comprise at least a central processing unit, one input unit (for example, a keyboard or a scanner), and one output unit (for example, a visual display unit or a printer).

3.

For the purposes of subheading 8481.20, the expression "valves for oleohydraulic or pneumatic transmissions" means valves which are used specifically in the transmission of "fluid power" in a hydraulic or pneumatic system, where the energy source is supplied in the form of pressurised fluids (liquid or gas). These valves may be of any type (for example, pressure-reducing type, check type). Subheading 8481.20 takes precedence over all the other subheadings of headings 84.81.

4.

Subheading 8482.40 applies only to bearings with cylindrical rollers of a uniform diameter not exceeding 5 mm and having a length which is at least three times the diameter. The ends of the rollers may be rounded.

Additional Notes

1.

For the purposes of subheading 8481.40 the expression "safety or relief valves" means:

(a)

an automatic escape or relief valve (as for a steam boiler or hydraulic system) held shut by a device exerting a definite, usually adjustable pressure, so that the valve lifts and the steam, water or other contents escape when the pressure exceeds a predetermined amount;

(b)

a similar valve opening inward to admit air to a vessel in which the pressure is less than that of the atmospheric pressure and which prevents the collapse of such vessel, or something that serves as an outlet for an excess of pressure; or

(c)

a valve for the escape of steam or fluid under excessive pressure.

2.

For the purpose of subheading 8450.1 the dry linen capacity shall be determined according to the washing efficiency test specifications as set out in subsection 4.3 of the SABS 1422 Standard Specification for Domestic Electric Laundry Treatment Machines, as amended.

Heading CD Description Unit General EU EFTA SADC
84.29 Self-propelled bulldozers, angledozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and road rollers:
8429.1 - Bulldozers and angledozers:
8429.11 2 -- Track laying u free free free free
8429.19 3 -- Other u free free free free
8429.20 0 - Graders and levellers u free free free free
8429.30 5 - Scrapers u free free free free
8429.40 - Tamping machines and road rollers:
8429.40.1 -- Road rollers, with a single roller, pedestrian controlled:
8429.40.11 5 --- With a roller width not exceeding 650 mm u free free free free
8429.40.19 0 --- With a roller width exceeding 650 mm u free free free free
8429.40.2 -- Road rollers, with more than one roller, pedestrian controlled:
8429.40.21 2 --- With a roller width not exceeding 650 mm u free free free free
8429.40.29 8 --- With a roller width exceeding 650 mm u free free free free
8429.40.90 5 -- Other u free free free free
8429.5 - Mechanical shovels, excavators and shovel loaders:
8429.51 -- Front-end shovel loaders:
8429.51.20 5 --- Not tracked, driven by internal combustion piston engines, of a mass of 3 000 kg or more but not exceeding 30 000 kg (excluding those specially designed for use in mines) u 10% free free free
8429.51.90 6 --- Other u free free free free
8429.52 7 -- Machinery with a 360° revolving superstructure u free free free free
8429.59 1 -- Other u free free free free

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