3822 11 000 0 — Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents whether or not on a backing, whether or not put up in the form of kits, other than those of heading 3006; certified reference materials: diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents whether or not on a backing, whether or not put up in the form of kits: for malaria

3822 Diagnostic or laboratory reagents on a substrate, prepared diagnostic or laboratory reagents on or without a substrate, other than goods of heading 3002 or 3006; certified reference materials

This heading includes diagnostic or laboratory reagents on a substrate, ready-made diagnostic or laboratory reagents other than diagnostic reagents of heading 3002, diagnostic reagents intended for administration to patients, and blood type reagents of heading 3006. Diagnostic reagents are used for the assessment of physical, biological or biochemical processes and conditions of the human or animal organism; their operation is based on the measurement or observation of changes occurring in the biological or chemical substances contained in the reagent. The finished diagnostic reagents of this heading may be similar to those intended to be administered to patients (subheading 3006 30), except that they are used for in vitro rather than in vivo use. Prepared laboratory reagents

include not only diagnostic reagents but also other analytical reagents used for purposes other than the detection or diagnosis of something. Prepared diagnostic or laboratory reagents may be used in medical, veterinary, scientific or industrial laboratories, in hospitals, in industry, in field laboratories or, in some cases, in the home. The reagents of this heading on a backing or in the form of preparations contain more than one component. For example, they may consist of a mixture of two or more reagents dissolved in solvents other than water. They may also be in the form of paper, plastics or other materials (used as a backing or support) impregnated or coated with one or more diagnostic or laboratory reagents, e.g., litmus paper, pH or polarity indicator paper, plates pre-coated with reagents for immunoassay. The reagents of this heading may be put up in the form of kits consisting of several components, even if one or more of the components are separate chemically defined compounds of Chapter 28 or 29, synthetic colouring matter of heading 3204 or any other substance which, if presented separately, would fall in its appropriate heading. Examples of such kits are those for determining glucose in the blood, ketones in the urine, etc., as well as enzyme-based kits. However, diagnostic kits having the character of goods of heading 3002 or 3006 (e.g., those based on monoclonal or polyclonal antibodies) are excluded from this heading. The reagents of this heading must be clearly identifiable as being for use only as diagnostic or laboratory reagents. Their composition, labelling, instructions for in vitro or laboratory use, the comparison scale for the test or samples (e.g., presented on a backing or support) must be indicated. Except for the goods of Chapter 28 or 29, for the classification of certified reference materials heading 382 2 takes precedence over any other heading of the Nomenclature. The certified reference materials of this heading are reference materials prepared for the calibration of an apparatus, the assessment of a measurement method or the determination of unknown values. These reference materials may consist of: (a) matrix materials to which analytes have been added in precisely determined concentrations; (b) unmixed materials some components of which have a precisely determined concentration (e.g., the protein and fat content in milk powder); (c) natural or synthetic materials some properties of which have been precisely determined (e.g., tensile strength, specific gravity). These reference materials must be accompanied by a certificate, authenticated by the authorities, stating the values of the properties of the certified materials, the methods used to determine these values and the measurement uncertainty of each value. The heading also excludes the following reagents, whether or not put up in forms for use as diagnostic or laboratory reagents: (a) goods of headings 2843 - 2846 and 2852 (see Note 1 to Section VI); (b) goods referred to in Note 1 to Chapter 28 or in Note 1 to Chapter 29; (c) colouring matter of heading 3204, including the products referred to in Note 3 to Chapter 32;

(d) media cultured ready to grow or sustain microorganisms (including viruses and the like) or plant, human or animal cells (heading 3821).

Notes

English text as published in Annex I to Regulation (EU) 2021/1832 (Combined Nomenclature). The EAEU tariff and the EU nomenclature copy these notes from the same convention. For a Russian declaration the binding version is the Russian one: Annex to Decision No 80 of the EEC Council of 14 September 2021.

1. This chapter does not cover:

(a) separate chemically defined elements or compounds with the exception of the following:

(1) artificial graphite (heading 3801);

(2) insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up as described in heading 3808;

(3) products put up as charges for fire-extinguishers or put up in fire-extinguishing grenades (heading 3813);

(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 2106);

(c) products of heading 2404;

(d) slag, ash and residues (including sludges, other than sewage sludge), containing metals, arsenic or their mixtures and meeting the requirements of note 3(a) or 3(b) to Chapter 26 (heading 2620);

(e) medicaments (heading 3003 or 3004); or

(f) spent catalysts of a kind used for the extraction of base metals or for the manufacture of chemical compounds of base metals (heading 2620), spent catalysts of a kind used principally for the recovery of precious metal (heading 7112) 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 3822, 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 3822 shall take precedence over any other heading in the nomenclature.

3. Heading 3824 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, other correcting fluids and correction tapes (other than those of heading 9612), 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, for example wastes of plastics, rubber, wood, paper, textiles, glass or metals, electrical and electronic waste and scrap (including 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 3825, ‘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 3825, 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 pharmaceutical 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 2710).

7. For the purposes of heading 3826, the term ‘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.

Subheading notes

English text as published in Annex I to Regulation (EU) 2021/1832 (Combined Nomenclature). The EAEU tariff and the EU nomenclature copy these notes from the same convention. For a Russian declaration the binding version is the Russian one: Annex to Decision No 80 of the EEC Council of 14 September 2021.

1. Subheadings 3808 52 and 3808 59 cover only goods of heading 3808, containing one or more of the following substances : alachlor (ISO); aldicarb (ISO); aldrin (ISO); azinphos-methyl (ISO); binapacryl (ISO); camphechlor (ISO) (toxaphene); captafol (ISO); carbofuran (ISO); chlordane (ISO); chlordimeform (ISO); chlorobenzilate (ISO); DDT (ISO) (clofenotane (INN), 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane); dieldrin (ISO, INN); 4,6-dinitro-o-cresol (DNOC (ISO)) or its salts; dinoseb (ISO), its salts or its esters; endosulfan (ISO); ethylene dibromide (ISO) (1,2-dibromoethane); ethylene dichloride (ISO) (1,2-dichloroethane); fluoroacetamide (ISO); heptachlor (ISO); hexachlorobenzene (ISO); 1,2,3,4,5,6-hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN); mercury compounds; methamidophos (ISO); monocrotophos (ISO); oxirane (ethylene oxide); parathion (ISO); parathion-methyl (ISO) (methyl-parathion); pentachlorophenol (ISO), its salts or its esters; perfluorooctane sulphonic acid and its salts; perfluorooctane sulphonamides; perfluorooctane sulphonyl fluoride; phosphamidon (ISO); 2,4,5-T (ISO) (2,4,5-trichlorophenoxyacetic acid), its salts or its esters; tributyltin compounds; trichlorfon (ISO).

2. Subheadings 3808 61 to 3808 69 cover only goods of heading 3808, containing alpha-cypermethrin (ISO), bendiocarb (ISO), bifenthrin (ISO), chlorfenapyr (ISO), cyfluthrin (ISO), deltamethrin (INN, ISO), etofenprox (INN), fenitrothion (ISO), lambda-cyhalothrin (ISO), malathion (ISO), pirimiphos-methyl (ISO) or propoxur (ISO).

3. Subheadings 3824 81 to 3824 89 cover only mixtures and preparations containing one or more of the following substances : oxirane (ethylene oxide); polybrominated biphenyls (PBBs); polychlorinated biphenyls (PCBs); polychlorinated terphenyls (PCTs); tris(2,3-dibromopropyl) phosphate; aldrin (ISO); camphechlor (ISO) (toxaphene); chlordane (ISO); chlordecone (ISO); DDT (ISO) (clofenotane (INN); 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane); dieldrin (ISO, INN); endosulfan (ISO); endrin (ISO); heptachlor (ISO); mirex (ISO); 1,2,3,4,5,6-hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN); pentachlorobenzene (ISO); hexachlorobenzene (ISO); perfluorooctane sulphonic acid, its salts; perfluorooctane sulphonamides; perfluorooctane sulphonyl fluoride; tetra-, penta-, hexa-, hepta- or octabromodiphenyl ethers; short-chain chlorinated paraffins. Short-chain chlorinated paraffins are mixtures of compounds, with a chlorination degree of more than 48 % by weight, with the following molecular formula : CxH(2x-y+2)Cly, where x=10 – 13 and y= 1 – 13.

4. 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.