HS 030392 Shark fins

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What products does HS 030392 cover?

This subheading covers shark fins, whether fresh, chilled, frozen, dried, salted, or in brine, but not otherwise prepared or preserved. According to the World Customs Organization's Harmonized System Nomenclature, this classification specifically pertains to the fins of sharks. Official definitions from sources like the USITC Harmonized Tariff Schedule (HTS) and the EU's TARIC database confirm that this code is for the unprocessed fins intended for consumption or further processing, excluding any value-added preparations.

What falls outside HS 030392?

The following products are excluded from HS 030392: shark meat (classified under other headings within Chapter 03), shark liver oil (typically found in Chapter 15), shark cartilage products intended for dietary supplements (often classified under Chapter 29 or 30), and any shark fins that have undergone significant processing beyond drying, salting, or brining, such as being cooked, breaded, or incorporated into ready-to-eat meals, which would fall under Chapter 16.

What are common classification mistakes for HS 030392?

A common error is misclassifying shark fins that have been subjected to further processing, such as being cooked or seasoned, which would move them to Chapter 16. Another mistake involves confusing dried shark fins with shark fin powder or extracts, which may have different classifications. Adherence to General Interpretative Rule 1 and Rule 3(b) of the Harmonized System is crucial to ensure the correct classification based on the essential character of the goods.

How should importers classify products under HS 030392?

The correct procedure for classifying shark fins under HS 030392 involves a thorough examination of the product's physical state and any processing it has undergone. Importers and customs brokers must consult the official tariff schedule of the importing country, such as the USITC HTS or the UK Trade Tariff, and compare the product's characteristics against the descriptive notes for heading 0303 and subheading 0303.92. Verification of the product's origin and any supporting documentation is also essential.

How is the duty calculated for products under HS 030392?

A shipment of 100 kilograms of dried shark fins, declared at a customs value of $5,000 USD, would attract a US duty of $1,000.00. This is calculated using the Most Favored Nation (MFN) duty rate of 20% ad valorem, as published in the USITC Harmonized Tariff Schedule (HTS) for subheading 0303.92. The calculation is: 20% of $5,000 USD = $1,000.00. This rate is subject to change and may be affected by trade agreements.

Which trade agreements reduce duties for HS 030392?

Several free trade agreements may reduce the applicable duty rate for HS 030392, including the United States-Mexico-Canada Agreement (USMCA), which can result in a Free duty rate for eligible goods originating from Canada or Mexico. Additionally, certain developing countries may benefit from preferential rates under the Generalized System of Preferences (GSP), potentially offering a reduced duty rate or Free entry. Documentation required typically includes a USMCA Certificate of Origin or a GSP Form A, depending on the specific agreement and jurisdiction.

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