HS 030616 Cold-water shrimps and prawns (Pandalus spp., Crangon crangon)

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What products does HS 030616 cover?

This subheading covers cold-water shrimps and prawns, specifically those belonging to the genera *Pandalus* and *Crangon crangon*. According to the World Customs Organization's Harmonized System Nomenclature, this classification is for crustaceans, whether or not shelled or cooked, but not including those that are frozen or preserved by other means. For example, fresh or chilled *Pandalus borealis* (Northern shrimp) would fall under this code, as would fresh or chilled *Crangon crangon* (brown shrimp), provided they meet the cold-water criteria and are not otherwise processed beyond simple chilling.

What falls outside HS 030616?

The following products are excluded from HS 030616: warm-water shrimps and prawns, which are classified under HS 030619. Additionally, any shrimps or prawns that have been frozen, dried, salted, or preserved by other methods are excluded and would be classified under different subheadings within heading 0306 or heading 0307. For instance, frozen *Penaeus monodon* (black tiger prawns) are classified elsewhere, as are cooked and chilled shrimp cocktails, which may be considered prepared foods under Chapter 16.

What are common classification mistakes for HS 030616?

A common error is misinterpreting the "cold-water" designation, leading to the incorrect classification of warm-water species. Another mistake involves confusing fresh or chilled products with those that have undergone freezing or other preservation methods. For example, if shrimp are simply chilled for transport but were previously frozen, they would not fall under this subheading. Adherence to General Interpretative Rule 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 030616?

The correct procedure for classifying products under HS 030616 involves a detailed examination of the product's species, origin water temperature, and processing state. Importers and customs brokers must verify that the shrimp or prawns are indeed from cold-water species like *Pandalus* or *Crangon crangon* and that they are presented in a fresh or chilled state, not frozen or otherwise preserved. Consulting official tariff schedules, such as the USITC Harmonized Tariff Schedule or the EU TARIC database, is essential for accurate determination.

How is the duty calculated for products under HS 030616?

A shipment of 100 kilograms of fresh *Pandalus borealis* (Northern shrimp) declared at a customs value of $500 USD would attract a US duty of $15.00. This is calculated using the Most Favored Nation (MFN) duty rate of 3.0% ad valorem applied to the declared value ($500 USD × 0.03 = $15.00). This calculation is based on the MFN rate published in the USITC Harmonized Tariff Schedule, which is subject to change and may have specific quantity limitations or additional duties depending on the import circumstances.

Which trade agreements reduce duties for HS 030616?

Several free trade agreements may reduce the applicable duty rate for HS 030616, including the United States-Mexico-Canada Agreement (USMCA). Under USMCA, originating shrimp and prawns from Canada and Mexico can enter the United States duty-free. To claim this preference, a self-certified origin statement is typically required. Additionally, the Generalized System of Preferences (GSP) may offer reduced or duty-free entry for eligible developing countries, requiring a GSP Form A. Specific documentation requirements vary by jurisdiction and the trade agreement invoked.

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