Customs Tariff Act 1995

1. - Except where their context or Note 4 to this Chapter otherwise requires, the headings of this Chapter cover only products which are in the crude state or which have been washed (even with chemical substances eliminating the impurities without changing the structure of the product), crushed, ground, powdered, levigated, sifted, screened, concentrated by flotation, magnetic separation or other mechanical or physical processes (except crystallisation), but not products which have been roasted, calcined, obtained by mixing or subjected to processing beyond that mentioned in each heading.

 

The products of this Chapter may contain an added anti-dusting agent, provided that such addition does not render the product particularly suitable for specific use rather than for general use.

2. - This Chapter does not cover:

(a) Sublimed sulphur, precipitated sulphur or colloidal sulphur (2802.00.00);

(b) Earth colours containing 70% or more by weight of combined iron evaluated as Fe ₂ O ₃ (2821);

(c) Medicaments or other products of Chapter 30;

(d) Perfumery, cosmetic or toilet preparations (Chapter 33);

(e) Dolomite ramming mix (3816.00.10);

(f) Setts, curbstones or flagstones (6801.00.00); mosaic cubes or the like (6802); roofing, facing or damp course slates (6803.00.00);

(g) Precious or semi-precious stones (7102 or 7103);

(h) Cultured crystals (other than optical elements) weighing not less than 2.5 g each, of sodium chloride or of magnesium oxide, of 3824; optical elements of sodium chloride or of magnesium oxide (9001);

(ij) Billiard chalks (9504); or

(k) Writing or drawing chalks or tailors ' chalks (9609).

3. - Any products classifiable in 2517 and any other heading of the Chapter are to be classified in 2517.

4. - 2530 applies, inter alia , to: vermiculite, perlite and chlorites, unexpanded; earth colours, whether or not calcined or mixed together; natural micaceous iron oxides; meerschaum (whether or not in polished pieces); amber; agglomerated meerschaum and agglomerated amber, in plates, rods, sticks or similar forms, not worked after moulding; jet; strontianite (whether or not calcined), other than strontium oxide; broken pieces of pottery, brick or concrete.

1. - This Chapter does not cover:

(a) Slag or similar industrial waste prepared as macadam (2517);

(b) Natural magnesium carbonate (magnesite), whether or not calcined (2519);

(c) Sludges from the storage tanks of petroleum oils, consisting mainly of such oils (2710);

(d) Basic slag of Chapter 31;

(e) Slag wool, rock wool or similar mineral wools (6806);

(f) Waste or scrap of precious metal or of metal clad with precious metal; other waste or scrap containing precious metal or precious metal compounds, of a kind used principally for the recovery of precious metal (7112 or 8549); or

(g) Copper, nickel or cobalt mattes produced by any process of smelting (Section XV).

2. - For the purposes of 2601 to 2617, " ores'' means minerals of mineralogical species actually used in the metallurgical industry for the extraction of mercury, of the metals of 2844 or of the metals of Section XIV or XV, even if they are intended for non-metallurgical purposes. 2601 to 2617 do not, however, include minerals which have been submitted to processes not normal to the metallurgical industry.

3. - 2620 applies only to:

(a) Slag, ash and residues of a kind used in industry either for the extraction of metals or as a basis for the manufacture of chemical compounds of metals, excluding ash and residues from the incineration of municipal waste (2621); and

(b) Slag, ash and residues containing arsenic, whether or not containing metals, of a kind used either for the extraction of arsenic or metals or for the manufacture of their chemical compounds.

1. - For the purposes of 2620.21.00, " leaded gasoline sludges and leaded anti-knock compound sludges " means sludges obtained from storage tanks of leaded gasoline and leaded anti-knock compounds (for example, tetraethyl lead), and consisting essentially of lead, lead compounds and iron oxide.

2. - Slag, ash and residues containing arsenic, mercury, thallium or their mixtures, of a kind used for the extraction of arsenic or those metals or for the manufacture of their chemical compounds, are to be classified in 2620.60.00.

1. - This Chapter does not cover:

(a) Separate chemically defined organic compounds, other than pure methane and propane which are to be classified in 2711;

(b) Medicaments of 3003 or 3004; or

(c) Mixed unsaturated hydrocarbons of 3301, 3302 or 3805.

2. - References in 2710 to " petroleum oils and oils obtained from bituminous minerals " include not only petroleum oils and oils obtained from bituminous minerals but also similar oils, as well as those consisting mainly of mixed unsaturated hydrocarbons, obtained by any process, provided that the weight of the non-aromatic constituents exceeds that of the aromatic constituents.

 

However, the references do not include liquid synthetic polyolefins of which less than 60% by volume distils at 300 ° C, after conversion to 101.3 kPa when a reduced-pressure distillation method is used (Chapter 39).

3. - For the purposes of 2710, " waste oils " means waste containing mainly petroleum oils and oils obtained from bituminous minerals (as described in Note 2 to this Chapter), whether or not mixed with water. These include:

(a) Such oils no longer fit for use as primary products (for example, used lubricating oils, used hydraulic oils and used transformer oils);

(b) Sludge oils from the storage tanks of petroleum oils, mainly containing such oils and a high concentration of additives (for example, chemicals) used in the manufacture of the primary products; and

(c) Such oils in the form of emulsions in water or mixtures with water, such as those resulting from oil spills, storage tank washings, or from the use of cutting oils for machining operations.

1. - For the purposes of 2701.11.00, " anthracite " means coal having a volatile matter limit (on a dry, mineral-matter-free basis) not exceeding 14%.

2. - For the purposes of 2701.12.00, " bituminous coal " means coal having a volatile matter limit (on a dry, mineral-matter-free basis) exceeding 14% and a calorific value limit (on a moist, mineral-matter-free basis) equal to or greater than 5 833 kcal/kg.

3. - For the purposes of 2707.10.00, 2707.20.00, 2707.30.00 and 2707.40.00, " benzol (benzene) " , " toluol (toluene) " , " xylol (xylenes) " and " naphthalene " apply to products which contain more than 50% by weight of benzene, toluene, xylenes or naphthalene, respectively.

4. - For the purposes of 2710.12, " light oils and preparations " are those of which 90% or more by volume (including losses) distil at 210 ° C according to the ISO 3405 method (equivalent to the ASTM D 86 method).

5. - For the purposes of the subheadings of 2710, " biodiesel " means mono-alkyl esters of fatty acids of a kind used as a fuel, derived from animal, vegetable or microbial fats and oils whether or not used.

1. - For the purposes of 2710.19.53, 2710.91.53 and 2710.99.53, the physical characteristics of fuel oil are:

(a) a density equal to or greater than 920.0 kg/m ³ at 15 ° C as determined by either ASTM D1298 or ASTM D4052; and

(b) a carbon residue, on the whole sample, of at least 2.0% mass as determined by ASTM D189 (Conradson Carbon Residue) or by ASTM D4530 (Carbon Residue-Micro Method); and

(c) a minimum kinematic viscosity of 10 centistokes (mm ² per second) at 50 ° C as determined by ASTM D445.

2. - For the purposes of 2711.12.10 and 2711.13.10, LPG means:

(a) liquid propane; or

(b) a liquid mixture of propane and butane; or

(c) a liquid mixture of propane and other hydrocarbons that consists mainly of propane; or

(d) a liquid mixture of propane, butane and other hydrocarbons that consists mainly of propane and butane.

3. (Repealed by No 85 of 2011)

4. - For the purposes of 2707.99.10, " phenols " apply to products which contain more than 50% by weight of phenols.

5. - For the purposes of 2711.21.10, CNG means natural gas compressed for use as fuel for a motor vehicle other than:

(a) a motor vehicle that is designed merely to move goods with a forklift and is for use primarily off public roads; and

(b) a motor vehicle that is of a kind prescribed by the regulations for the purposes of this paragraph.

6. - For the purposes of 2711.21.10, the weight in kilograms of a quantity of CNG must be worked out in the way (if any) prescribed by the regulations for the purposes of this Note.

Item 1 of Sch 1 of No 168 of 1997 provides for the amendment of subheading 2710.00.69 by substituting " $ 0.42797/L " for " $ 0.34697/L " (wherever occurring). There is no subheading 2710.00.69.