I agree with Chris. It is a self determination. I have long been
surprised and dismayed that there was no cross reference to the
Harmonized Tariff System (HTS). This system determines at what rates you
are assessed taxes on your imported products. You should find that
someone in the company has already made a decision of the type of
product it is under the HTS. The categories do not correspond exactly,
but if you are paying taxes as test equipment, it is a pretty good
defense that your product is test equipment. Alternatively, if you are
importing it as IT equipment, you need to be careful if you suddenly
decide it is test equipment. You need to be consistent or you may end up
in trouble with one agency or the other. I recommend you confer with
your legal counsel and document the decision.
Dan Kallin
Program Director
EH&S Management, Consulting and Compliance
Earth Tech, Inc.
196 Baker Avenue
Concord, Massachusetts 01742-2167
Phone: 978.371.4155 Fax: 978.371.2468
Mobile: 978.760.0779
[log in to unmask]
-----Original Message-----
From: Leadfree [mailto:[log in to unmask]] On Behalf Of James, Chris
Sent: Wednesday, November 02, 2005 9:11 AM
To: [log in to unmask]
Subject: Re: [LF] RoHS Exemption?
There is no one who will - no one who can, and don't believe or pay
anyone who says otherwise.
If you work through the product guidance tree in the UK guidance docs
you should be able to make your own determination. The categories in the
directive are purely illustrative and broad.
If you truly believe you are exempt then document the fact internally
along with your justification.
Regulatory bodies may challenge your decision, they may end up agreeing
with you based on your justification or they may end up disagreeing. If
they disagree you will probably be given time to put your house in
order. If you don't have a documented justification then they won't look
favourably on you and possibly give you no time to put your house in
order.
If you end up disagreeing with the regulatory body decision then you can
take it to court and that really is the bottom line - the courts will
decide. With borderline products this could get expensive so probably
easier to comply - it might also be that one country says it's exempt
and then another rule it is not - in this case all countries have to
follow and declare it not exempt.
You know your product - there is sufficient info available for you to
make the decision - there is no magic lexicon of exempt or non exempt
product.
Regards,
Chris
-----Original Message-----
From: Leadfree [mailto:[log in to unmask]] On Behalf Of Michael McMonagle
Sent: 02 November 2005 13:40
To: [log in to unmask]
Subject: [LF] RoHS Exemption?
How does one determine/confirm if a product falls into one of the
current exemption categories? Our company manufactures equipment used in
oil and gas exploration, along with commercial thermal film plotters.
None of our product lines appear to lend themselves to any of the
applicable RoHS categories, other than the currently exempted 'Measuring
and Monitoring Equipment'. Is there someone in the EU governing body who
reviews such manufacturer requests to assure that you actually fall
under an exempted category?
Mike
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