HS 030442 Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster)

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What products does HS 030442 cover?

This subheading covers chilled or frozen fillets of trout, specifically identified as species within the genera *Salmo* and *Oncorhynchus*. This includes *Salmo trutta* (brown trout/sea trout), *Oncorhynchus mykiss* (rainbow trout), *Oncorhynchus clarki* (cutthroat trout), *Oncorhynchus aguabonita* (golden trout), *Oncorhynchus gilae* (Gila trout), *Oncorhynchus apache* (Apache trout), and *Oncorhynchus chrysogaster* (yellowfin cutthroat trout). The World Customs Organization's Harmonized System Nomenclature (WCO HS) defines this category broadly, with specific interpretations found in official tariff schedules like the USITC Harmonized Tariff Schedule (HTS) and the EU's TARIC database.

What falls outside HS 030442?

The following products are excluded from HS 030442: trout that are not fillets, such as whole fish or fish steaks; trout that are not chilled or frozen; and fillets of other fish species not listed in the subheading's specific nomenclature. For example, fillets of salmon (*Salmo salar* or *Oncorhynchus* species other than those listed) would be classified under a different subheading within heading 0304. Similarly, dried, salted, or brined trout fillets would fall under heading 0305, not 0304.

What are common classification mistakes for HS 030442?

A common error is misclassifying trout fillets based on their processing or species. For instance, fillets that have been smoked, cooked, or otherwise prepared beyond simple chilling or freezing are typically classified under heading 1604, not 0304. Additionally, confusion can arise if the specific trout species is not accurately identified, leading to classification under a more general subheading for other fish fillets. Adherence to General Rule of Interpretation (GRI) 1, which prioritizes the Section and Chapter Notes, and GRI 3(b) for mixtures, is crucial.

How should importers classify products under HS 030442?

The correct procedure for classifying products under HS 030442 involves a multi-step verification process. Importers and customs brokers must first confirm that the product is indeed trout fillets. Next, they must verify that the specific species of trout aligns with the list provided in the subheading (e.g., *Oncorhynchus mykiss*). Finally, they must ascertain that the product is presented in a chilled or frozen state, as opposed to dried, salted, or otherwise preserved. Consulting the official tariff schedule of the importing country, such as the USITC HTS or the UK Trade Tariff, is essential for definitive classification.

How is the duty calculated for products under HS 030442?

A shipment of 1,000 kilograms of chilled rainbow trout (*Oncorhynchus mykiss*) fillets, declared at a customs value of $8,000 USD, would attract a US duty of $800.00. This is calculated using the Most Favored Nation (MFN) duty rate of 10% ad valorem, applied to the declared customs value: 10% × $8,000 USD = $800.00. This calculation is based on the duty rates published in the USITC Harmonized Tariff Schedule (HTS) for subheading 0304.42.0000.

Which trade agreements reduce duties for HS 030442?

Several free trade agreements may reduce the applicable duty rate for HS 030442, including the United States-Mexico-Canada Agreement (USMCA). Under USMCA, originating trout fillets from Canada and Mexico can enter the United States duty-free. To claim this preference, a valid origin declaration or certificate of origin is required, depending on the specific requirements outlined in the agreement and the importing country's customs regulations. For example, a self-certified origin statement is typically used for USMCA claims.

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