8701 93 — Tractors, of an engine power > 37 kW but <= 75 kW (excl. those of heading 8709, pedestrian-controlled tractors, road tractors for semi-trailers and track-laying tractors)

8701 Tractors (other than tractors of heading 8709) (+): 8701 10 – tractors single-axle 8701 20 – tractors wheeled for semi-trailers 8701 30 – tracked tractors – other, with engine power: 8701 91 – not more than 18 kW 8701 92 – more than 18 kW, but not more than 37 kW

8701 93 – more than 37 kW, but not more than 75 kW 8701 94 – more than 75 kW, but not more than 130 kW 8701 95 – more than 130 kW

For the purpose of this heading, the term tractors means wheeled or tracked vehicles designed principally for towing or pushing other vehicles, devices or loads. They may have additional transport devices, in combination with the main purpose of the tractor, tools, seeds, fertilizers or other goods, or a device for installing the working tool as an additional function. This heading does not include self-propelled bases specially designed or reinforced to form an integral part of a machine performing the function of a lift, excavator, grader, etc., even if such self-propelled equipment uses a traction or push drive to perform such a function. This heading includes tractors (other than tractors used on the platforms of railway stations of heading 8709) of various types (tractors for agricultural or forestry work, road tractors, heavy tractors for construction and earth work, tractors equipped with winches, etc.), regardless of their type of drive (internal combustion engine, electric motor, etc.). This also includes tractors that can move on both rails and roads, but not those that are designed solely for rail travel. Tractors of this heading may have a body or crew seats or a cabin. They may be equipped with a toolbox, be able to raise and lower hinged agricultural implements, have a traction coupling device for trailers or semi-trailers (for example, on frames and similar traction devices), or a power take-off shaft for driving devices such as threshers and circular saws. The chassis of the tractor can be wheeled, on a goose face or combined (wheeled - tracked). In the latter case, only the front controlled axle is equipped with wheels. This heading also includes single-axle tractors. They are small agricultural tractors having one drive axle with one or two wheels mounted on it; like conventional tractors, they are designed to work with interchangeable hinged implements that have a drive from a general purpose power take-off shaft. As a rule, they do not have a seat, and control is carried out using two handles. However, in some types there is a single or two-wheeled rear trolley with a driver's seat. Similar tractors are also used in factory conditions. This heading includes tractors equipped with winches (i.e., those used for pulling out stuck vehicles; for wringing and removing trees; or for towing agricultural implements). This heading also includes tractors with increased clearance (portal tractors), used, for example, in vineyards and forest plots. This heading also excludes emergency trucks equipped with cranes, lifting shafts, winches, etc. (heading 8705).

TRACTORS FITTED WITH OTHER EQUIPMENT It should be noted that agricultural equipment designed to be mounted on tractors as interchangeable equipment (ploughs, harrows, cultivators, etc.) falls in its appropriate headings even if presented mounted on the tractor. In such cases the tractive vehicle is classified separately in this heading. Tractors and working tools are also classified separately when the tractor is designed specially for towing or pushing another vehicle or load and, like an agricultural tractor, incorporates simple devices for actuating the working tools (lifting, lowering, etc.). In that case the interchangeable working tools fall in their appropriate headings, even if presented with the tractor and whether or not they are mounted on it, while the tractor with its operating equipment falls in this heading. In the case of road tractors coupled to semi-trailers, tractors coupled to semi-trailers, and heavy tractors coupled to working machines of Chapter 84 in the same way as to semi-trailers, the tractive vehicle falls in this heading, while the semi-trailer or working machine falls in its appropriate heading. However, this heading excludes the self-propelled bases of machines referred to, for example, in headings 8425, 8426, 8429, 8430 and 8432, in which the self-propelled base, the operating controls, the working tools and their actuating mechanisms are specially designed to be combined in a single mechanical unit. This applies to loaders, bulldozers, self-propelled ploughs, etc. As a general rule, self-propelled bases forming an integral part of equipment for handling, earth-moving and other work can be distinguished from the tractors of this heading by their design features (shape, chassis, means of locomotion, etc.). In the case of tractor-type self-propelled bases, account must be taken of various technical features relating mainly to the design of such units in the assembled state and to equipment specially designed for functions other than towing or pushing. For example, self-propelled bases not falling in this heading incorporate stiffening elements (such as struts, plates or beams, platforms for slewing cranes), which either form part of the chassis-body assembly or are fixed to it, usually by welding, for mounting the equipment that actuates the working tools. In addition, such self-propelled bases may contain some of the following standard elements: power equipment with a built-in hydraulic system serving to actuate the working tools; special gearboxes which, for example, provide a maximum speed in reverse gear not less than the maximum speed in forward gear; a fluid coupling and a hydraulic torque converter; a counterweight; elongated tracks to increase the stability of the basic self-propelled unit; a special frame for mounting the engine at the rear, etc. Subheading Explanatory Notes. Subheading 8701 10 See the Explanatory Note to heading 8701, sixth and seventh paragraphs.

Subheading 8701 20 For the purposes of this subheading, the expression "road tractors" means motor vehicles designed for towing semi-trailers over long distances. The road tractor and the semi-trailer form a combination known under various names (e.g., "road train", "articulated lorry", etc.). These vehicles are usually equipped with diesel engines and, with the semi-trailer at maximum load, are capable of exceeding the average speed of traffic on public roads (i.e., streets, including avenues, highways and motorways). Such vehicles have an enclosed cab for the driver and passengers (sometimes with a separate sleeping compartment), lights and overall dimensions conforming to national standards. They are also equipped with a fifth-wheel coupling for the rapid changing of semi-trailers designed to perform various tasks. This subheading excludes similar vehicles designed for towing semi-trailers over short distances (generally, subheadings 8701 91, 8701 92, 8701 93, 8701 94, 8701 95). Subheading 8701 30 This subheading also covers tractors with wheel-and-track running gear (half-track tractors). Subheadings 8701 91, 8701 92, 8701 93, 8701 94, 8701 95 These subheadings cover vehicles designed for towing semi-trailers over short distances. These types of vehicles are known under various names (e.g., "terminal tractors", "port tractors", etc.) and are designed for positioning or shuttling trailers within a restricted area. They are not suitable for use over the long distances for which the road tractors of subheading 8701 20 are designed. These vehicles differ from road tractors in that they are generally equipped with diesel engines with a maximum speed usually not exceeding 50 km/h and generally have a small, enclosed single-seat cab designed for the driver only.

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 railway or tramway rolling stock designed solely for running on rails.

2. For the purposes of this chapter, ‘tractors’ means vehicles constructed essentially for hauling or pushing another vehicle, appliance or load, whether or not they contain subsidiary provision for the transport, in connection with the main use of the tractor, of tools, seeds, fertilisers or other goods. Machines and working tools designed for fitting to tractors of heading 8701 as interchangeable equipment remain classified in their respective headings even if presented with the tractor, and whether or not mounted on it.

3. Motor chassis fitted with cabs fall in headings 8702 to 8704, and not in heading 8706.

4. Heading 8712 includes all children's bicycles. Other children's cycles fall in heading 9503.

Subheading note

Machine translation. The original is the Russian text of the EAEU tariff, and customs goes by it; this translation is for understanding only and has no legal force.

1. Subheading 8708 22 covers:

(a) front windshields, rear windows and other framed windows; and

(b) front windshields, rear windows and other windows, whether or not framed, containing heating or other electrical or electronic devices;

used exclusively or mainly with motor vehicles of headings 8701 to 8705.

Additional notes of the Eurasian Economic Union

Machine translation. The original is the Russian text of the EAEU tariff, and customs goes by it; this translation is for understanding only and has no legal force.

1. For the purposes of headings 8701, 8702, 8703, 8704, 8705 and 8716, the term “in service” applies to vehicles which have been in service for 3 years or more, irrespective of the mileage of the motor vehicle.

In the absence of documentary confirmation of the moment of release, that is, the date of manufacture of the vehicle, the year of release is determined by the manufacturing code specified in the identification number of the vehicle, while the full year of release is calculated from July 1 of the year of manufacture.

2. For the purposes of headings 8702 and 8703, the term “vehicles specially designed for medical purposes” means motor vehicles bearing special markings, audible and light-signalling equipment equipped with stretchers for the transport of the patient, devices for fixing stretchers during transport and ensuring the transport of the patient on stretchers installed therein.

3. In the supplementary note of the Eurasian Economic Union 6 to this chapter and heading 8704, the term "total vehicle mass" means the road mass specified by the manufacturer as the maximum design vehicle mass equal to the sum of the vehicle's own mass, the maximum load mass, the driver's mass and the mass of the full fuel tank.

4. For the purposes of subheadings 8716 39 300 1, 8716 39 500 2, 8716 39 800 3 and 8716 39 800 6, the term “total mass” means the road mass specified by the manufacturer as the maximum design mass of the semi-trailer or trailer equal to the sum of the proper mass of the semi-trailer or trailer and the maximum load mass.

5. In this chapter, the term "ecological class" means the classification code characterizing motor vehicles according to the level of emissions of harmful (polluting) substances, which are the exhaust gases of internal combustion engines and evaporation of motor vehicles fuel containing harmful (polluting) substances (carbon monoxide, hydrocarbons, nitrogen oxides and particulates).

6. For the purpose of heading 8703, the term “road vehicles” means motor vehicles satisfying all the following conditions:

(a) the gross mass of the vehicle is less than 5000 kg;

(b) a single enclosed interior space consists of a zone for the driver and one or two passengers in a row with the driver (zone 1) and an area that can be used for the transport of both people and goods (zone 2);

(c) both areas are equipped with permanent anchorages and fittings for the installation of seats and safety devices for each person, the seats may be fixed, folding or removable;

(d) the number of seats that can be installed in two zones shall allow the carriage of no more than 9 persons, including the driver;

(e) the side walls of zone 2 are equipped with windows;

(f) Area 2 has at least one door equipped with a window, side wall or rear;

(g) the ground clearance (including adjustable) provided by the vehicle manufacturer is not less than 210 mm;

(h) there is an all-wheel drive switchable to 2 wheels or non-switchable.

7. For subheadings 8703 21 109 1, 8703 40 109 1, 8703 40 109 2, 8703 60 109 1, 8703 60 109 2:

(а) термин «моторные транспортные средства повышенной проходимости» применяется к моторным транспортным средствам, не предназначенным для движения по дорогам общего пользования;

(b) the term “off-road tyres” means tyres with a rated pressure of not more than 100 kPa when driving off-road, having a tread pattern consisting of tracks of the same or different configuration separated by recesses.

8. In this chapter, any reference to an “electric motor” also applies to several electric motors.

9. In this chapter, the term "maximum 30-minute power of an electric motor" means the maximum load power that an electric motor can continuously provide for a 30-minute time period specified in the vehicle type approval. If there are several electric motors in a motor vehicle that drive it, their maximum 30-minute power is added.

10. For the purposes of headings 8703 80 000 3 and 8703 80 000 5, the term "passenger cars of category M1 or M1G" means motor vehicles used for the carriage of passengers and having, in addition to the driver's seat, not more than 8 seats. The category of motor vehicle shall be indicated in the type approval of the vehicle.