CHAPTER90

OPTICAL PHOTOGRAPHIC CINEMATOGRAPHIC MEASURING CHECKING PRECISION MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS; PARTS AND ACCESSORIES THEREOF

Chapter Notes.

1.-This Chapter does not cover :

(a) Articles of a kind used in machines appliances or for other technical uses of vulcanised rubber other than hard rubber (heading No. 40.16) of leather or of composition leather (heading No. 42.04) or of textile material (heading No. 59.11);

(b) Supporting belts or other support articles of textile material whose intended effect on the organ to be supported or held derives solely from their elasticity (for example maternity belts thoracic support bandages abdominal support bandages supports for joints or muscles) (Section XI);

(c) Refractory goods of heading No. 69.03; ceramic wares for laboratory chemical or other technical uses of heading No. 69.09;

(d) Glass mirrors not optically worked of heading No. 70.09 or mirrors of base metal or of precious metal not being optical elements (heading No. 83.06 or CHAPTER71);

(e) Goods of heading No. 70.07 70.08 70.11 70.14 70.15 or 70.17;

(f) Parts of general use as defined in Note 2 to Section XV of base metal (Section XV) or similar goods of plastics (CHAPTER39);

(g) Pumps incorporating measuring devices of heading No. 84.13; weight-operated counting or checking machinery or separately presented weights for balances (heading No. 84.23); lifting or handling machinery (headings Nos. 84.25 to 84.28); paper or paperboard cutting machines of all kinds (heading No. 84.41); fittings for adjusting work or tools on machine- tools of heading No. 84.66 including fittings with optical devices for reading the scale (for example optical dividing heads) but not those which are in themselves essentially optical instruments (for example alignment telescopes); calculating machines (heading No. 84.70); valves or other appliances of heading No. 84.81;

(h) Searchlights or spotlights of a kind used for cycles or motor vehicles (heading No. 85.12); portable electric lamps of heading No. 85.13; cinematographic sound recording reproducing or re-recording apparatus (heading No. 85.19 or 85.20); sound-heads (heading No. 85.22); still image video cameras and other video camera recorders (heading No. 85.25); radar apparatus radio navigational aid apparatus or radio remote control apparatus (heading No. 85.26); sealed beam lamp units of heading No. 85.39; optical fibre cables of heading No. 85.44;

(ij) Searchlights or spotlights of heading No. 94.05;

(k) Articles of CHAPTER95;

(l) Capacity measures which are to be classified according to their constituent material; or (m) Spools reels or similar supports (which are to be classified according to their constituent material for example in heading No. 39.23 or Section XV).

2.-Subject to Note 1 above parts and accessories for machines apparatus instruments or articles of this Chapter are to be classified according to the following rules : (a) Parts and accessories which are goods included in any of the headings of this Chapter or of CHAPTER84 85 or 91 (other than heading No. 84.85 85.48 or 90.33) are in all cases to be classified in their respective headings;

33 HEADINGS

90.01 - OPTICAL FIBRES AND OPTICAL FIBRE BUNDLES; OPTICAL FIBRE CABLES OTHER THAN THOSE OF HEADING No. 85.44; SHEETS AND PLATES OF POLARISING MATERIAL; LENSES (INCLUDING CONTACT LENSES) PRISMS MIRRORS AND OTHER OPTCAL  ELEMENTS OF ANY MATERIAL UNMOUNTED OTHER THAN SUCH ELEMENTS OF GLASS NOT OPTICALLY WORKED.

90.02 - LENSES PRISMS MIRRORS AND OTHER OPTICAL ELEMENTS OF ANY MATERIAL MOUNTED BEING PARTS OF OR FITTINGS FOR INSTRUMENTS OR APPARATUS OTHER THAN SUCH ELEMENTS OF GLASS NOT OPTICALLY WORKED.

90.03 - FRAMES AND MOUNTINGS FOR SPECTACLES GOGGLES OR THE LIKE AND PARTS THEREOF.

90.04 - SPECTACLES GOGGLES AND THE LIKE CORRECTIVE PROTECTIVE OR OTHER.

90.05 - BINOCULARS MONOCULARS OTHER OPTICAL TELESCOPES AND MOUNTINGS THEREFOR; OTHER ASTRONOMICAL INSTRUMENTS AND MOUNTINGS THEREFOR BUT NOT INCLUDING INSTRUMENTS FOR RADIO-ASTRONOMY.

90.06 - PHOTOGRAPHIC (OTHER THAN CINEMATOGRAPHIC) CAMERAS; PHOTOGRAPHIC FLASHLIGHT APPARATUS AND FLASHBULBS OTHER THAN DISCHARGE LAMPS OF HEADING No. 85.39.

90.07 - CINEMATOGRAPHIC CAMERAS AND PROJECTORS WHETHER OR NOT INCORPORATING SOUND RECORDING OR REPRODUCING APPARATUS.

90.08 - IMAGE PROJECTORS OTHER THAN CINEMATOGRAPHIC; PHOTOGRA PHIC (OTHER THAN CINEMATOGRAPHIC) ENLARGERS AND REDUCERS.

90.09 - PHOTO-COPYING APPARATUS INCORPORATING AN OPTICAL SYSTEM OR OF THE CONTACT TYPE AND THERMO-COPYING APPARATUS.

90.10 - APPARATUS AND EQUIPMENT FOR PHOTOGRAPHIC (INCLUDING CINEMATOGRAPHIC) LABORATORIES (INCLUDING APPARATUS FOR THE PROJECTION OR DRAWING OF CIRCUIT PATTERNS ON SENSITISED SEMICONDUCTOR MATERIALS) NOT SPECIFIED OR INCLUDED ELSEWHERE IN THIS CHAPTER; NEGATOSCOPES; PROJECTION SCREENS.

90.11 - COMPOUND OPTICAL MICROSCOPES INCLUDING THOSE FOR PHOTO MICROGRAPHY CINEPHOTOMICROGRAPHY OR MICROPROJECTION.

90.12 - MICROSCOPES OTHER THAN OPTICAL MICROSCOPES; DIFFRACTION APPARATUS.

90.13 - LIQUID CRYSTAL DEVICES NOT CONSTITUTING ARTICLES PROVIDED FOR MORE SPECIFICALLY IN OTHER HEADINGS; LASERS OTHER THAN LASER DIODES; OTHER OPTICAL APPLIANCES AND INSTRUMENTS NOT SPECIFIED OR INCLUDED ELSEWHERE IN THIS CHAPTER.

90.14 - DIRECTION FINDING COMPASSES; OTHER NAVIGATIONAL INSTRU MENTS AND APPLIANCES.

90.15 - SURVEYING (INCLUDING PHOTOGRAMMETRICAL SURVEYING) HYDROGRAPHIC OCEANOGRAPHIC HYDROLOGICAL METEORO LOGICAL OR GEOPHYSICAL INSTRUMENTS AND APPLIANCES EXCLUDING COMPASSES; RANGEFINDERS.

90.16 - BALANCES OF A SENSITIVITY OF 5 cg OR BETTER WITH OR WITHOUT WEIGHTS.

90.17 - DRAWING MARKING-OUT OR MATHEMATICAL CALCULATING INSTRUMENTS (FOR EXAMPLE DRAFTING MACHINES PANTOGRAPHS PROTRACTORS DRAWING SETS SLIDE RULES DISC CALCULATORS); INSTRUMENTS FOR MEASURING LENGTH FOR USE IN THE HAND (FOR EXAMPLE MEASURING RODS AND TAPES MICROMETERS CALLIPERS) NOT SPECIFIED OR INCLUDED ELSEWHERE IN THIS CHAPTER.

90.18 - INSTRUMENTS AND APPLIANCES USED IN MEDICAL SURGICAL DENTAL OR VETERINARY SCIENCES INCLUDING SCINTIGRAPHIC APPARATUS OTHER ELECTRO- MEDICAL APPARATUS AND SIGHT-TESTING INSTRUMENTS (+) .

90.19 - MECHANO-THERAPY APPLIANCES; MASSAGE APPARATUS; PSYCHO LOGICAL APTITUDE-TESTING APPARATUS; OZONE THERAPY OXYGEN THERAPY AEROSOL THERAPY ARTIFICIAL RESPIRATION OR OTHER THERAPEUTIC RESPIRATION APPARATUS.

90.20 - OTHER BREATHING APPLIANCES AND GAS MASKS EXCLUDING PROTECTIVE MASKS HAVING NEITHER MECHANICAL PARTS NOR REPLACEABLE FILTERS.

90.21 - ORTHOPAEDIC APPLIANCES INCLUDING CRUTCHES SURGICAL BELTS AND TRUSSES; SPLINTS AND OTHER FRACTURE APPLIANCES; ARTIFICIAL PARTS OF THE BODY; HEARING AIDS AND OTHER APPLIANCES WHICH ARE WORN OR CARRIED OR IMPLANTED IN THE BODY TO COMPENSATE FOR A DEFECT OR DISABILITY.

90.22 - APPARATUS BASED ON THE USE OF X-RAYS OR OF ALPHA BETA OR GAMMA RADIATIONS WHETHER OR NOT FOR MEDICAL SURGICAL DENTAL OR VETERINARY USES INCLUDING RADIOGRAPHY OR RADIOTHERAPY APPARATUS X-RAY TUBES AND OTHER X-RAY GENERATORS HIGH TENSION GENERATORS CONTROL PANELS AND DESKS SCREENS EXAMINATION OR TREATMENT TABLES CHAIRS AND THE LIKE (+) .

90.23 - INSTRUMENTS APPARATUS AND MODELS DESIGNED FOR DEMONSTRATIONAL PURPOSES (FOR EXAMPLE IN EDUCATION OR EXHIBITIONS) UNSUITABLE FOR OTHER USES.

90.24 - MACHINES AND APPLIANCES FOR TESTING THE HARDNESS STRENGTH COMPRESSIBILITY ELASTICITY OR OTHER MECHANICAL PROPERTIES OF MATERIALS (FOR EXAMPLE METALS WOOD TEXTILES PAPER PLASTICS).

90.25 - HYDROMETERS AND SIMILAR FLOATING INSTRUMENTS THERMOME TERS PYROMETERS BAROMETERS HYGROMETERS AND PSYCHRO METERS RECORDING OR NOT AND ANY COMBINATION OF THESE INSTRUMENTS.

90.26 - INSTRUMENTS AND APPARATUS FOR MEASURING OR CHECKING THE FLOW LEVEL PRESSURE OR OTHER VARIABLES OF LIQUIDS OR GASES (FOR EXAMPLE FLOWMETERS LEVEL GAUGES MANO METERS HEAT METERS) EXCLUDING INSTRUMENTS AND APPARATUS OF HEADING No. 90.14 90.15 90.28 OR 90.32.

90.27 - INSTRUMENTS AND APPARATUS FOR PHYSICAL OR CHEMICAL ANALYSIS (FOR EXAMPLE POLARIMETERS REFRACTOMETERS SPECTROMETERS GAS OR SMOKE ANALYSIS APPARATUS); INSTRUMENTS AND APPARATUS FOR MEASURING OR CHECKING VISCOSITY POROSITY EXPANSION SURFACE TENSION OR THE LIKE;INSTRUMENTS AND APPARATUS FOR MEASURING OR CHECKING QUANTITIES OF HEAT SOUND OR LIGHT (INCLUDING EXPOSURE METERS); MICROTOMES.

90.28 - GAS LIQUID OR ELECTRICITY SUPPLY OR PRODUCTION METERS INCLUDING CALIBRATING METERS THEREFOR.

90.29 - REVOLUTION COUNTERS PRODUCTION COUNTERS TAXIMETERS MILEOMETERS PEDOMETERS AND THE LIKE; SPEED INDICATORS AND TACHOMETERS OTHER THAN THOSE OF HEADING No. 90.14 OR 90.15; STROBOSCOPES.

90.30 - OSCILLOSCOPES SPECTRUM ANALYSERS AND OTHER INSTRUMENTS AND APPARATUS FOR MEASURING OR CHECKING ELECTRICAL QUANTITIES EXCLUDING METERS OF HEADING No. 90.28; INSTRUMENTS AND APPARATUS FOR MEASURING OR DETECTING ALPHA BETA GAMMA X-RAY COSMIC OR OTHER IONISING RADIATIONS. 90.31 - MEASURING OR CHECKING INSTRUMENTS APPLIANCES AND MACHINES N OTSPECIFIED OR INCLUDED ELSEWHERE IN THIS CHAPTER; PROFILE PROJECTORS (+) .

90.32 - AUTOMATIC REGULATING OR CONTROLLING INSTRUMENTS AND APPARATUS.

90.33 - PARTS AND ACCESSORIES (NOT SPECIFIED OR INCLUDED ELSEWHERE IN THIS CHAPTER) FOR MACHINES APPLIANCES INSTRUMENTS OR APPARATUS OF CHAPTER 90.

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(b) Other parts and accessories if suitable for use solely or principally with a particular kind of machine instrument or apparatus or with a number of machines instruments or apparatus of the same heading (including a machine instrument or apparatus of heading No. 90.10 90.13 or 90.31) are to be classified with the machines instruments or apparatus of that kind; (c) All other parts and accessories are to be classified in heading No. 90.33. 3.-The provisions of Note 4 to Section XVI apply also to this Chapter.4.-Heading No. 90.05 does not apply to telescopic sights for fitting to   arms periscopic telescopes for fitting to submarines or tanks or to telescopes for machines appliances instruments or apparatus of this Chapter or Section XVI; such telescopic sights and telescopes are to be classified in heading No. 90.13.

5.-Measuring or checking optical instruments appliances or machines which but for this Note could be classified both in heading No. 90.13 and in heading No. 90.31 are to be classified in heading No. 90.31.

6.-Heading No. 90.32 applies only to :

(a) Instruments and apparatus for automatically controlling the flow level pressure or other variables of liquids or gases or for automatically controlling temperature whether or not their operation depends on an electrical phenomenon which varies according to the factor to be automatically controlled; and (b) Automatic regulators of electrical quantities and instruments or apparatus for automatically controlling non-electrical quantities the operation of which depends on an electrical phenomenon varying according to the factor to be controlled.

GENERAL

(I) GENERAL CONTENT AND ARRANGEMENT OF THE CHAPTER

This Chapter covers a wide variety of instruments and apparatus which are as a rule characterised by their high finish and high precision. Most of them are used mainly for scientific purposes (laboratory research work analysis astronomy etc.) for specialised technical or industrial purposes (measuring or checking observation etc.) or for medical purposes. The Chapter includes in particular : (A) A wide group comprising not only simple optical elements of headings 90.01 and 90.02 but also optical instruments and apparatus ranging from spectacles of heading 90.04 to more complex instruments used in astronomy photography cinematography or for microscopic observation.

(B) Instruments and apparatus designed for certain specifically defined uses (surveying meteorology drawing calculating etc.).

(C) Instruments and appliances for medical surgical dental or veterinary uses or for related purposes (radiology mechano-therapy oxygen therapy orthopaedy prosthetics etc.).

(D) Machines instruments and appliances for testing materials.

(E) Laboratory instruments and appliances.

(F) A large group of measuring checking or automatically controlling instruments and apparatus whether or not optical or electrical and in particular those of heading 90.32 as defined in Note 6 to the Chapter. Some of these instruments are specified in certain headings for example compound optical microscopes (heading 90.11) electron microscopes (heading 90.12) other instruments and apparatus are covered by more general descriptions in headings which refer to a particular science industry etc. (e.g. astronomical instruments of heading 90.05 surveying instruments and appliances of heading 90.15 X-ray etc. apparatus of heading 90.22).

There are certain exceptions to the general rule that the instruments and apparatus of this Chapter are high precision types. For example the Chapter also covers ordinary goggles (heading 90.04) simple magnifying glasses and non-magnifying periscopes (heading 90.13) divided scales and school rules (heading 90.17) and fancy hygrometers irrespective of their accuracy (heading 90.25).

Except for certain exclusions referred to in Note 1 to this Chapter (e.g. rubber or leather washers and gaskets and leather diaphragms for meters) the instruments apparatus and parts thereof falling in this Chapter may be of any material (including precious metals or metal clad with precious metal precious or semi-precious stones (natural synthetic or reconstructed)).

(II) INCOMPLETE OR UNFINISHED MACHINES APPARATUS ETC.

(See General Interpretative Rule 2 (a))

Provided they have the essential character of the complete or finished article incomplete or unfinished machines appliances instruments or apparatus are classified with the corresponding complete or finished articles (for example a photographic camera or a microscope presented without its optical elements or an electricity supply meter without itstotalling device).

(III) PARTS AND ACCESSORIES

(Chapter Note 2)

Subject to Chapter Note 1 parts or accessories identifiable as suitable for use solely or principally with the machines appliances instruments or apparatus of this Chapter are classified with those machines appliances etc. This general rule does not however apply to :

(1) Parts or accessories which in themselves constitute articles falling in any particular heading of this Chapter or of CHAPTER84 85 or 91 (other than the residual heading 84.85 85.48 or 90.33. For example a vacuum pump for an electron microscope remains a pump of heading 84.14; transformers electro-magnets capacitors resistors relays lamps or valves etc. remain classified in CHAPTER85; the optical elements of heading 90.01 or 90.02 remain in the headings cited regardless of the instruments or apparatus to which they are to be fitted; a clock or watch movement is always classified in CHAPTER91; a photographic camera falls in heading 90.06 even if it is of a kind designed for use with another instrument (microscope stroboscope etc.). (2) Parts or accessories suitable for use with several categories of machines appliances instruments or apparatus falling in different headings of this Chapter are classified in heading 90.33 unless they are in themselves complete instruments etc. specified inanother heading (see paragraph (1) above).

(IV) FUNCTIONAL UNITS

Note 3 specifies that the provisions of Note 4 to Section XVI apply also to this Chapter (see Part (VII) of the General Explanatory Notes to Section XVI).Thus this Chapter covers as functional units  for example the electrical (includingelectronic) instruments or apparatus which make up an analogue  or digital telemetering system. These are essentially the following :

(I) Apparatus at the transmitting end :

(i) A primary detector (transducer transmitter analogue-digital converter etc.) which transforms the quantity to be measured whatever its nature into a proportional current voltage or digital signal.

(ii) A measurement amplifier transmitter and receiver basic unit which (if necessary) boosts this current voltage or digital signal to the level required by the pulse or frequency-modulated transmitter.

(iii) A pulse or frequency-modulated transmitter which transmits an analogue or digital signal to another station.

(II) Devices at the receiving end :

(i) A pulse frequency-modulated or digital signal receiver which converts the transmitted information into an analogue or digital signal. (ii) A measurement amplifier or converter which if necessary amplifies the analogue or digital signal.

(iii) Indicating or recording instruments calibrated in terms of the primary quantity and equipped with a mechanical pointer or opto-electronic display. Telemetering systems are mainly used in oil gas and production pipelines water gas and sewage disposal installations and environmental monitoring systems. Line or radio transmitters and receivers for telemetering pulses remain in their respective headings (heading 85.17 85.25 or 85.27 as the case may be) unless they are combined as a single unit with the instruments and apparatus referred to in (I) and (II) above or the whole forms a functional unit within the meaning of Note 3 to CHAPTER90; the complete unit then falls in this Chapter.

* * *

In addition to the exclusions mentioned in the text of the Explanatory Notes the following are always excluded from this Chapter :

(a)Articles of a kind used in machines appliances or for other technical uses of vulcanised rubber other than hard rubber (heading 40.16) of leather or of composition leather (heading 42.04) or of textile material (heading 59.11).

(b)Parts of general use as defined in Note 2 to Section XV of base metal (Section XV) or similar goods of plastics (CHAPTER39).

(c)Lifting or handling machinery (headings 84.25 to 84.28); fittings for adjusting work or tools on machine-tools of heading 84.66 including fittings with optical devices for reading the scale (for example optical dividing heads) but not those which are in themselves essentially optical instruments (for example alignment telescopes); radar apparatus radio navigational aid apparatus or radio remote control apparatus (heading 85.26). (d)Spacecraft equipped with instruments or apparatus of this Chapter (heading 88.02).

(e)Toys games sports requisites and other articles of CHAPTER95 and parts and accessories thereof.

(f)Capacity measures; these are classified according to their constituent material.

(g)Spools reels or similar supports (classified according to their constituent material for example in heading 39.23 or Section XV).

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