Study Guide
15. Part 4: The classification of parts and accessories
15.8. Provision 1: classification by virtue of the terms of the heading
Where a heading specifies ‘…and parts thereof’, parts of any goods in that heading are automatically included.
For example, heading 73.21 text provides for:
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‘Stoves, ranges, grates, cookers (including those with subsidiary boilers for central heating), barbecues, braziers, gas-rings, plate warmers and similar non-electric domestic appliances, and parts thereof, of iron or steel’ |
The phrase ‘and parts thereof’ means parts of any of those appliances are automatically included. A steel gas burner for a gas stove is therefore classified within heading 73.21.
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Key Point ✓ The heading terms only operate at heading level. If the heading is divided into subheadings, the ‘…and parts thereof’ phrase does not automatically flow through to every subheading. ✓ Specific provision for parts must be made at each subheading level. If the subheading does not say ‘and parts thereof’, parts cannot be classified there. ✓ If the heading includes parts but no subheading specifically provides for them, the parts fall to a separate ‘parts’ subheading. If there is no parts subheading, they fall to the residual ‘other’ subheading. |
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Worked Example: heading 73.21 Continuing with the steel gas burner example, having established that stoves fall within heading 73.21, the next step is to find the correct subheading.
At the 5-figure subheading level, although stoves are classified within subheading 7321.1 as they are cooking appliances, parts are not mentioned. Thus, although the gas stove is ultimately classified within 6-figure subheading 7321.11, there is no provision within the structure of subheading 7321.1 to admit parts. The next 5-figure subheading is 7321.8. It covers ‘other appliances’, but there is no mention of parts. Parts are in fact covered by 5-figure subheading 7321.90. Subheading 7321.90 may well have read ‘other’ or ‘other, including parts’. In either instance, parts would still have been classified there. |
In activities of this kind, it is very important to take heed of the dash system. Only 5-figure subheadings 7321.1, 7321.8, and 7321.90 need to be compared, the 6-figure subheadings within 7321.1 (e.g. 7321.11 ‘for gas fuel’) are not relevant to classifying parts because parts are not mentioned within that 5-figure hierarchy.