Chapter 86

Railway or tramway locomotives, rolling stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signaling equipment of all kinds

Section XVII — Vehicles, aircraft, vessels and associated transport equipment · 9 headings · 23 subheadings

Duty in chapter 86 at a glance

Counted across the 40 US national lines beneath this chapter's subheadings. It says what kind of chapter this is before you read ninety headings to find out.

Duty-free lines
9 of 40 stating a rate
Ad valorem range
0.4% – 14%

Preference programmes appearing in this chapter

AAUBHCLCODEILJOJPKRMAOMPPAPESSG

Named from General Note 3(c)(i). A programme appearing here does not mean it applies to your goods — that depends on the line, the origin and the agreement's rules of origin.

What this chapter excludes

These notes push goods out of chapter 86 even when a subheading's wording seems to fit. They are the fastest way to find out you are in the wrong chapter.

1. This chapter does not cover:

  • (a) Railway or tramway sleepers (cross-ties) of wood or of concrete, or concrete guide-track sections for hovertrains (heading 4406 or 6810);
  • (b) Railway or tramway track construction material of iron or steel of heading 7302; or
  • (c) Electrical signaling, safety or traffic control equipment of heading 8530.

Legal notes

Reproduced from the published tariff schedule. Section and chapter notes are binding and part of the nomenclature; statistical notes are US reporting rules and are not classification law.

Section XVII notes VEHICLES, AIRCRAFT, VESSELS AND ASSOCIATED TRANSPORT EQUIPMENT

1. This section does not cover articles of heading 9503 or 9508, or sleds, bobsleds, toboggans or the like of heading 9506.

2. The expressions "parts"and"parts and accessories" do not apply to the following articles, whether or not they are identifiable as for the goods of this section:

(a) Joints, washers or the like of any material (classified according to their constituent material or in heading 8484) or other articles of vulcanized rubber other than hard rubber (heading 4016);

(b) Parts of general use, as defined in note 2 to section XV, of base metal (section XV) or similar goods of plastics (chapter 39);

(c) Articles of chapter 82 (tools);

(d) Articles of heading 8306;

(e) Machines or apparatus of headings 8401 to 8479, or parts thereof, other than the radiators for the articles of this section; articles of heading 8481 or 8482 or, provided they constitute integral parts of engines or motors, articles of heading 8483;

(f) Electrical machinery or equipment (chapter 85);

(g) Articles of chapter 90;

(h) Articles of chapter 91;

(ij) Arms (chapter 93);

(k) Luminaires and lighting fittings and parts thereof of heading 9405; or

(l) Brushes of a kind used as parts of vehicles (heading 9603).

3. References in chapters 86 to 88 to "parts"or"accessories" do not apply to parts or accessories which are not suitable for use solely or principally with the articles of those chapters. A part or accessory which answers to a description in two or more of the headings of those chapters is to be classified under that heading which corresponds to the principal use of that part or accessory.

4. For the purposes of this section:

(a) Vehicles specially constructed to travel on both road and rail are classified under the appropriate heading of chapter 87;

(b) Amphibious motor vehicles are classified under the appropriate heading of chapter 87;

(c) Aircraft specially constructed so that they can also be used as road vehicles are classified under the appropriate heading of chapter 88.

5. Air-cushion vehicles are to be classified within this section with the vehicles to which they are most akin as follows:

(a) In chapter 86 if designed to travel on a guide-track (hovertrains);

(b) In chapter 87 if designed to travel over land or over both land and water;

(c) In chapter 89 if designed to travel over water, whether or not able to land on beaches or landing-stages or also able to travel over ice.

Parts and accessories of air-cushion vehicles are to be classified in the same way as those of vehicles of the heading in which the air-cushion vehicles are classified under the above provisions.

Hovertrain track fixtures and fittings are to be classified as railway track fixtures and fittings, and signaling, safety or traffic control equipment for hovertrain transport systems as signaling, safety or traffic control equipment for railways.

Chapter 86 — Notes

Legal Notes of the Harmonized System. Binding, and part of the international nomenclature.

1. This chapter does not cover:

(a) Railway or tramway sleepers (cross-ties) of wood or of concrete, or concrete guide-track sections for hovertrains (heading 4406 or 6810);

(b) Railway or tramway track construction material of iron or steel of heading 7302; or

(c) Electrical signaling, safety or traffic control equipment of heading 8530.

2. Heading 8607 applies, inter alia, to:

(a) Axles, wheels, wheel sets (running gear), metal tires, hoops and hubs and other parts of wheels;

(b) Frames, underframes, truck assemblies;

(c) Axle boxes; brake gear;

(d) Buffers for rolling-stock; hooks and other coupling gear and corridor connections;

(e) Coachwork.

3. Subject to the provisions of note 1 above, heading 8608 applies, inter alia, to:

(a) Assembled track, turntables, platform buffers, loading gauges;

(b) Semaphores, mechanical signal discs, level crossing control gear, signal and point controls, and other mechanical (including electro-mechanical) signaling, safety or traffic control equipment, whether or not fitted for electric lighting, for railways, tramways, roads, inland waterways, parking facilities, port installations or airfields.

Chapter 86 — Additional U.S. Notes

Additional U.S. Notes. Binding in the United States; not part of the international HS.

1. Railway locomotives (provided for in headings 8601 and 8602) and railway freight cars (provided for in heading 8606) on which no duty is owed are not subject to the entry or release requirements for imported merchandise set forth in Sections 448 and 484 of the Tariff Act of 1930. The Secretary of the Treasury may by regulation establish appropriate reporting requirements, including the requirement that a bond be posted to ensure compliance.

Notes are reproduced from the published tariff schedule. They govern classification, but reading them is not the same as applying them to your goods — that is what a broker or a binding ruling is for.

Headings in chapter 86

8601 Rail locomotives powered from an external source of electricity or by electric accumulators (batteries)

8602 Other rail locomotives; locomotive tenders

8603 Self-propelled railway or tramway coaches, vans and trucks, other than those of heading 8604

Common questions

What does HS chapter 86 cover?

Railway or tramway locomotives, rolling stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signaling equipment of all kinds. It contains 9 headings and 23 six-digit subheadings, and sits in Section XVII (vehicles, aircraft, vessels and associated transport equipment).

What is excluded from chapter 86?

1. This chapter does not cover: (a) Railway or tramway sleepers (cross-ties) of wood or of concrete, or concrete guide-track sections for hovertrains (heading 4406 or 6810); (b) Railway or tramway track construction material of iron or steel of heading 7302; or (c) Electrical signaling, safety or traffic control equipment of heading 8530.

Are chapter 86's notes legally binding?

This chapter carries 14 binding note paragraph(s) — legal notes of the Harmonized System, plus any US-specific Additional U.S. Notes. They decide classification, and they outrank the wording of an individual subheading.