HS 030559 Other

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What products does HS 030559 cover?

This subheading covers other fish, dried, salted or in brine, not smoked, not cooked, not otherwise prepared, and not fillets. According to the World Customs Organization (WCO) Harmonized System Explanatory Notes and definitions found in official tariff schedules like the USITC Harmonized Tariff Schedule (HTS) and the EU TARIC, this category is a residual one for dried, salted, or brined fish that do not fit into more specific subheadings within heading 0305. It specifically excludes fish that have undergone smoking, cooking, or any other form of preparation beyond simple drying, salting, or brining.

What falls outside HS 030559?

The following products are excluded from HS 030559: smoked fish (classified under 030531-030539), cooked fish (classified under 0304), fish fillets (classified under 0304), and fish that have been otherwise prepared, such as marinated or canned. For instance, dried anchovies that have been lightly seasoned or packed in oil would not fall under this subheading and would likely be classified under a more specific heading for prepared or preserved fish, such as heading 1604.

What are common classification mistakes for HS 030559?

A common error is misinterpreting the "other" designation, leading to the classification of prepared or cooked fish into this subheading. For example, fish that have been dried and then lightly seasoned or treated with preservatives beyond simple salt or brine might be mistakenly classified here. According to General Rule of Interpretation (GRI) 3(b), mixtures are classified as if they consisted of the material or component which gives them their essential character, which is often overlooked when dealing with minimally processed products.

How should importers classify products under HS 030559?

The correct procedure for classifying products under HS 030559 involves a thorough examination of the product's processing. Importers and customs brokers must verify that the fish is exclusively dried, salted, or in brine, and has not undergone any smoking, cooking, or other preparation. Consulting the WCO Explanatory Notes and the specific tariff schedule of the importing country, such as the UK Trade Tariff, is crucial to confirm that the product does not meet the criteria for a more specific subheading or heading within Chapter 03 or elsewhere.

How is the duty calculated for products under HS 030559?

A shipment of 100 kilograms of dried salted cod, declared at a customs value of $500 USD, would attract a US duty of $150.00. This is calculated using the USITC Harmonized Tariff Schedule's Most Favored Nation (MFN) rate of 30% ad valorem (0.30 × $500 USD = $150.00). It is important to note that specific quantities might also be subject to per-kilogram duties in some jurisdictions, but for this example, the ad valorem rate is applied to the declared value.

Which trade agreements reduce duties for HS 030559?

Several free trade agreements may reduce the applicable duty rate for HS 030559, including the United States-Mexico-Canada Agreement (USMCA). Under USMCA, originating goods from Canada and Mexico can enter the United States duty-free. To claim this preference, a self-certified origin statement is typically required. For goods originating from countries that are beneficiaries of the Generalized System of Preferences (GSP) program, a GSP Form A may be necessary to claim preferential duty rates, which can be significantly lower than the MFN rate.

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