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ICC Commission on Customs and Trade Facilitation
WCO 51st Harmonized System Committee Meeting

March 6-15, 2013
Working Party: March 4-5, 2013
Brussels, Belgium
Minutes provided by Ken Montgomery and Hans Driessen, ICC Committee on Customs and
Trade Regulations
[email protected]
[email protected]
Presiding over the meeting:
Mr. Favale
Director of Tariff and Trade Affairs, WCO
Mr. Clark
Deputy Director, Tariff and Trade Affairs, WCO
Mr. J. Birkhoff (Netherlands)
Chairperson, WCO Harmonized System Committee
Industry Representatives: Ken Montgomery (TechAmerica), Hans Driessen (Oce), Jan
Nijenhuis (Abbott) and Samsung sent two representatives to make a technical presentation.
Contracting Parties: As of March 14, 2013 there are 146 contracting parties to the HS
Convention. New members since the last session include: Comoros and Mozambique.
Items of Interest to ICC Members:
Note: Classification decisions made at this 51st Session will be under the reservation period
that ends May 15, 2013.
Future of the Harmonized System – Agenda Item III.1
Refer to HC1828E1a
The Policy Commission (PC) continues to evaluate and discuss the “Strategic review of the
HS” in the context of “Emerging and Evolving Risks”. There are currently three broad policy
options: (1) maintenance of the status quo; (2) expanded use and promotion of the HS in its
current form; and (3) reform, i.e. more substantial changes including the legal amendment of
the HS Convention, in particular to increase the number of nomenclature digits as a means of
increasing the specificity of the HS commodity classification. The Committee will be informed
by the Secretariat about further developments on this matter.
Classification of “cobalt manganese nickel hydroxide (CoMnNi (OH)2)” used for lithium-ion
batteries (Request by Japan) – Agenda Item VII.2
Refer to NC1836E1a
There was very little discussion by delegates due to unfamiliarity with chemicals. Due to the
fact that the manufacturer does not want to reveal more information, Japan proposed to
withdraw its classification request.
Outcome: The item will be closed and withdrawn from the agenda.
ICC Commission on Customs and Trade Facilitation Classification of the product named “Xenical” (Request by Switzerland) – Agenda Item VII.6 Refer to NC1840E1a The Secretariat and the delegates were of the view that there are two possible headings which merit consideration. The headings are 2106 (a residual provision for food preparations) and 3004 (medicaments). After a lengthy debate the chair facilitated a vote. Outcome: 2106 = 8, 3004 = 34. Subheading 3004.90 based upon GIR 1 and 6. A classification opinion will be developed. Possible amendment to the Explanatory Notes in respect of certain amplifiers combined in a single housing with loudspeakers (Proposal by Canada) – Agenda Item VII.12 Refer to NC1846E1a, NC1811E1a The following subheadings were identified as possibilities: 8518.22, 8518.40 and 8518.50. A vote was taken with the following results: 8518.22 = 18, 8518.40 = 13, and 8518.50 = 6. Outcome: The items will be classified in 8518.22 based upon GIR 1 and 6 and Note 3 to Section XVI. A classification opinion will be developed. Classification of light emitting diode (LED) backlights for liquid crystal displays (Request by Korea) – Agenda Item VII.13 Refer to NC1847E1a, NC1812E1a The Chair summarized, based upon comments by delegates, that the box text is not as clear as some delegates prefer in order to classify the product. Korea agreed to work with the manufacturer to get additional product specific information based upon the questions addressed. Outcome: The agenda item will be carried over to the 52nd HSC. Classification of certain light emitting diode (LED) assemblies (Request by Korea) – Agenda Item VII.14 Refer to NC1848E1a, NC1813E1a Several delegations provided their views on the assemblies and possible headings for consideration. The Secretariat listed headings 8541, 8548 and 9405 as alternatives based upon the discussion. Outcome: Vote – 8541 = 10, 8548 = 1, 9405 = 16. Subheading 9405.40 based upon GIR 1 and 6. A classification opinion will be developed. Corrigendum to the provisionally adopted New Subheading Note 1 to Chapter 84 (Request by the EU) – Agenda Item VII.15 Refer to NC1849E1a, NC1849B1a Outcome: The Committee agreed to change the French text only from “des matières plastiques” to “des matières plastiques dures”. Possible amendment of the HS in respect of certain categories of waste (Proposal by the Secretariat of Basel Convention) – Agenda Item VIII.3 Refer to NC1854E1a Two representatives from the United Nations Environmental Program (UNEP) presented. The Secretariat concluded that there seemed to be general agreement on the proposal. The descriptions are insufficient and more detail is needed. Utilizing Chapter 77 will be taken into consideration. Outcome: The EU proposed to create a working document which will be provided to the Secretariat. The agenda item will be carried over to the next meeting. ICC Commission on Customs and Trade Facilitation Classification of two types of touch-sensitive screens (Request by Korea) – Agenda Item VIII.7 Refer to NC1858E1a A preliminary discussion was held. Korea made note of the need for additional technical information. If the product is used for general use, 8537 would apply. If it is specifically designed for mobile phones, then it would be considered as a part and be classified in 8517. Outcome: The Chair concluded that the Secretariat will provide more information for a discussion during the September HSC and suggested that the ICC could perhaps assist with providing the information. Classification of an AMOLED touch assembly for a mobile phone (Request by Korea) – Agenda Item VIII.8 Refer to NC1859E1a The manufacturer Samsung gave a technical presentation on the product at issue. The chair noted that this was to be a preliminary discussion only. Several delegates raised technical questions as to the functioning of the product. Outcome: The Chair concluded that the discussion will be continued in the September HSC based upon a new working document which the Secretariat will provide. Possible amendments to the Explanatory Notes in respect of Insulated Gate Bipolar Transistors (IGBT) (Proposal by Japan) – Agenda Item IX.3 Refer to NC1867E1a A preliminary discussion was held. The ICC provided a non-paper addressing two technical questions the Secretariat requested for clarification. Outcome: The Chair concluded that the classification has been completed at the previous session without reservation and that the Secretariat will produce a revised text in the working document for approval at the 52nd session.

Source: http://www.icc-bulgaria.bg/userfiles/file/16_05_2013/HSC%20report%2051st%20session.pdf