HS 030495 Fish of the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae, other than Alaska Pollock (Theragra chalcogramma)

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What products does HS 030495 cover?

This subheading covers certain types of fish, specifically the fresh, chilled, or frozen meat of fish belonging to the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae, and Muraenolepididae, excluding Alaska Pollock (Theragra chalcogramma). According to the World Customs Organization's Harmonized System Nomenclature, this category encompasses fillets and other fish meat suitable for human consumption, provided they originate from these specified families and are not Alaska Pollock. Official definitions from sources like the USITC Harmonized Tariff Schedule (HTS) and the EU's TARIC database confirm this precise scope.

What falls outside HS 030495?

The following products are excluded from HS 030495: Alaska Pollock (Theragra chalcogramma), which is classified under a different subheading within heading 0304. Additionally, fish meat from families not listed in the subheading's description, such as tuna or salmon, will not fall under this code. Products that have undergone further processing beyond simple chilling or freezing, such as cooking, smoking, or being incorporated into prepared meals, are also excluded and would be classified under different headings, typically in Chapter 16.

What are common classification mistakes for HS 030495?

A common error is misidentifying the specific fish family or including Alaska Pollock, which is explicitly excluded. Importers may also incorrectly classify fish meat that has undergone minimal processing beyond chilling or freezing, such as marination or the addition of small amounts of salt, which can sometimes push the product into Chapter 16. Adherence to the General Rules for the Interpretation of the Harmonized System (GRI), particularly GRI 1, is crucial for accurate classification.

How should importers classify products under HS 030495?

The correct procedure for classifying products under HS 030495 involves a multi-step process. First, identify the precise species of fish and confirm it belongs to one of the specified families. Second, verify that the product is presented as fresh, chilled, or frozen fish meat, and not a more processed item. Finally, consult official tariff databases such as the USITC HTS or the EU TARIC to confirm the classification and any specific notes or exclusions applicable to the importing country. This ensures compliance and avoids potential delays or penalties.

How is the duty calculated for products under HS 030495?

A shipment of frozen hake fillets weighing 1,000 kilograms and 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: 3.0% × $5,000 USD = $150.00. This calculation is based on the MFN rate published in the USITC Harmonized Tariff Schedule for subheading 03049500. Note that specific countries may have different rates under trade agreements.

Which trade agreements reduce duties for HS 030495?

Several free trade agreements may reduce the applicable duty rate for HS 030495, including the United States-Mexico-Canada Agreement (USMCA), which can offer duty-free entry for qualifying goods originating from Canada and Mexico. The European Union's Generalized Scheme of Preferences (GSP) can also provide preferential rates, often "Free," for products from eligible developing countries. Documentation typically required includes a self-certified origin statement for USMCA or a GSP Form A for GSP beneficiaries, depending on the specific agreement and importing jurisdiction.

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