HS 030312 Other Pacific salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus)

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What products does HS 030312 cover?

This subheading covers frozen, chilled, or otherwise preserved fish of the species *Oncorhynchus gorbuscha* (pink salmon), *Oncorhynchus keta* (chum salmon), *Oncorhynchus tschawytscha* (chinook salmon), *Oncorhynchus kisutch* (coho salmon), *Oncorhynchus masou* (masu salmon), and *Oncorhynchus rhodurus* (red-spotted masu salmon). As per the World Customs Organization's Harmonized System Nomenclature, this classification applies to these specific Pacific salmon species when presented in a frozen, chilled, or otherwise preserved state, excluding live specimens which fall under a different heading. Official tariff schedules, such as the USITC Harmonized Tariff Schedule (HTS) and the EU's TARIC database, provide detailed descriptions and further sub-classifications for these products.

What falls outside HS 030312?

The following products are excluded from HS 030312: live Pacific salmon, which are classified under heading 0301; fresh or chilled Pacific salmon not preserved, which fall under heading 0302; and prepared or preserved Pacific salmon that have undergone further processing beyond simple preservation, such as canning or filleting with added sauces, which are typically classified under Chapter 16. For instance, canned pink salmon would not be classified here but rather under a heading for prepared fish products, often 1604.14.

What are common classification mistakes for HS 030312?

A common error is misidentifying the species of salmon. General Heading 0303 covers "Fish, frozen, other than fish fillets and other fish meat of heading 0304." Subheading 0303.12 specifically enumerates the six species of Pacific salmon. Importers may mistakenly classify other salmon species, such as Atlantic salmon (*Salmo salar*), under this code, or they may incorrectly classify products that have undergone significant processing. Adherence to General Interpretative Rule 1 and Rule 3(b) of the Harmonized System is crucial for accurate classification based on the most specific description.

How should importers classify products under HS 030312?

The correct procedure for classifying products under HS 030312 involves a multi-step process. First, identify the exact species of Pacific salmon being imported. Second, determine the condition of the fish (e.g., frozen, chilled, salted, dried). Third, consult the relevant national tariff schedule, such as the USITC HTS or the UK Trade Tariff, to confirm that the specific species and preservation method align with the description of subheading 030312. Importers and customs brokers should always refer to the official tariff database for the importing country to ensure compliance and avoid delays.

How is the duty calculated for products under HS 030312?

A shipment of 1,000 kilograms of frozen pink salmon (*Oncorhynchus gorbuscha*) declared at a customs value of $5,000 USD would attract a US duty of $150.00. This is calculated using the Most Favored Nation (MFN) duty rate of 3.0% ad valorem, applied to the declared customs value ($5,000 USD × 0.03 = $150.00). This calculation is based on the MFN rate published in the USITC Harmonized Tariff Schedule (HTS) for subheading 0303.12.9000.

Which trade agreements reduce duties for HS 030312?

Several free trade agreements may reduce the applicable duty rate for HS 030312, including the United States-Mexico-Canada Agreement (USMCA) and various Generalized System of Preferences (GSP) arrangements. Under USMCA, originating Canadian or Mexican salmon may enter the US duty-free. For GSP beneficiaries, preferential rates can be as low as "Free." Documentation required to claim these preferences typically includes a self-certified origin statement for USMCA or a GSP Form A for GSP-eligible countries, depending on the specific requirements of the importing country's customs authority.

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