HS 030353 Sardines (Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling or sprats (Sprattus sprattus)

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What products does HS 030353 cover?

This subheading covers frozen fish of the species Sardina pilchardus (European pilchard), Sardinops spp. (South American pilchard, etc.), Sardinella spp. (sardinellas), and Sprattus sprattus (brisling or sprats). According to the World Customs Organization's Harmonized System Nomenclature, this classification is for fish that have been chilled or frozen, but not otherwise prepared or preserved. The USITC Harmonized Tariff Schedule and the EU TARIC database confirm these specific species as the sole inclusions within this code.

What falls outside HS 030353?

The following products are excluded from HS 030353: fresh or chilled fish of these species, fish that have been cooked, dried, salted, or otherwise preserved beyond simple freezing, and fish belonging to other sardine-like species not explicitly listed. For instance, Pacific sardines (Sardinops sagax caeruleus) are covered if they are of the Sardinops spp. genus, but other small pelagic fish, such as anchovies (HS 030389), would be classified elsewhere.

What are common classification mistakes for HS 030353?

A common error is misclassifying products based on common names rather than the scientific species listed in the HS. For example, confusing a "sardine" from a different genus with those specified in 030353. Additionally, failing to distinguish between frozen fish and fish that have undergone further processing, such as smoking or canning, can lead to incorrect classification. Adherence to General Rule of Interpretation (GRI) 1, which states that classification shall be determined according to the terms of the headings and any relative section or chapter notes, is crucial.

How should importers classify products under HS 030353?

The correct procedure for classifying products under HS 030353 involves first identifying the exact species of the fish being imported. Then, confirm that the fish is presented in a frozen state and has not undergone any further preservation or preparation beyond freezing. Consulting official tariff schedules, such as the USITC HTS or the EU TARIC, and reviewing the specific species listed under heading 0303, subheading 030353, is essential for accurate declaration.

How is the duty calculated for products under HS 030353?

A shipment of 1,000 kilograms of frozen European pilchards (Sardina pilchardus) declared at a customs value of $3,000 USD would attract a US duty of $150.00. This is calculated using the USITC Harmonized Tariff Schedule's Most Favored Nation (MFN) duty rate of 5.0% ad valorem, applied to the declared value ($3,000 USD × 0.05 = $150.00). If the product were subject to a per-kilogram duty, the calculation would be rate per kilogram × quantity.

Which trade agreements reduce duties for HS 030353?

Several free trade agreements may reduce the applicable duty rate for HS 030353, including the United States-Mexico-Canada Agreement (USMCA), which can offer duty-free entry for qualifying goods originating from Canada or Mexico. The EU's Economic Partnership Agreements (EPAs) with certain African, Caribbean, and Pacific countries can also provide preferential rates, often "Free." To claim these preferences, importers typically require a self-certified origin statement for USMCA or an EUR.1 movement certificate for EU preferences, depending on the specific agreement and origin country.

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