HS 030192 Eels (Anguilla spp.)

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What products does HS 030192 cover?

This subheading covers live eels of the genus Anguilla, as defined by the World Customs Organization's Harmonized System (WCO HS) Nomenclature. This includes all species of Anguilla, such as Anguilla anguilla (European eel) and Anguilla rostrata (American eel), intended for aquaculture, restocking, or consumption. Official definitions from the USITC Harmonized Tariff Schedule (HTS) and the EU's TARIC database confirm that live eels, regardless of size or intended use, fall under this classification, provided they are alive at the time of importation.

What falls outside HS 030192?

The following products are excluded from HS 030192: dead eels, whether fresh, chilled, or frozen, which are classified under HS heading 0303 or 0304 depending on their processing. Eels that have undergone any form of preparation, such as filleting, smoking, or canning, are also excluded and would be classified in later chapters of the HS. Furthermore, ornamental eels or eels intended for scientific research that are not for human consumption or aquaculture may fall under different classifications, often within Chapter 05 or Chapter 35, depending on their specific nature and use.

What are common classification mistakes for HS 030192?

A common error is misclassifying dead or processed eels as live eels under HS 030192. This often occurs when importers are not precise about the condition of the product upon arrival. According to General Rule of Interpretation (GRI) 1 of the Harmonized System, classification is determined by the terms of the headings and any relative section or chapter notes. Failing to accurately ascertain whether the eels are alive or dead, or if they have undergone any processing beyond simple preservation for transport, can lead to incorrect duty rates and potential penalties.

How should importers classify products under HS 030192?

The correct procedure for classifying live eels under HS 030192 involves verifying the product's condition at the point of import. Importers and customs brokers must obtain precise documentation from the supplier confirming that the eels are alive. This may include supplier declarations, veterinary certificates, or inspection reports. Cross-referencing these details with the official tariff schedules of the importing country, such as the USITC HTS or the UK Trade Tariff, is crucial to ensure accurate classification and avoid discrepancies during customs clearance.

How is the duty calculated for products under HS 030192?

A shipment of 100 kilograms of live European eels (Anguilla anguilla) declared at a customs value of $1,500 USD would attract a US duty of $150.00. This is calculated using the Most Favored Nation (MFN) duty rate of 10% ad valorem, applied to the declared customs value. The calculation is: 10% of $1,500 USD = $150.00. This rate is published in the USITC Harmonized Tariff Schedule (HTS) under subheading 0301.92.0000.

Which trade agreements reduce duties for HS 030192?

Several free trade agreements may reduce the applicable duty rate for HS 030192, including the United States-Mexico-Canada Agreement (USMCA). Under USMCA, live eels originating from Canada or Mexico may be eligible for duty-free entry. To claim this preference, a valid USMCA Certificate of Origin or a self-certified origin statement meeting specific criteria is required. Additionally, the Generalized System of Preferences (GSP) may offer reduced or duty-free access for eels originating from certain developing countries, typically requiring a GSP Form A.

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