HS 030692 Lobsters (Homarus spp.)

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What products does HS 030692 cover?

This subheading covers lobsters, both live, fresh, chilled, frozen, dried, salted, or in brine, belonging to the genus *Homarus*. According to the World Customs Organization's Harmonized System Nomenclature, this classification is specific to lobsters of the *Homarus* genus, excluding other crustaceans. Official definitions from sources like the US International Trade Commission (USITC) Harmonized Tariff Schedule (HTS) and the EU's TARIC database confirm this scope, focusing on the biological classification of the organism rather than its processing state, provided it remains identifiable as lobster.

What falls outside HS 030692?

The following products are excluded from HS 030692: other types of shellfish such as crabs (HS 0306), shrimp and prawns (HS 0306), crayfish (HS 0306), and mollusks. Additionally, prepared or preserved lobsters that have undergone significant processing beyond simple preservation methods, such as being cooked and incorporated into a dish or a ready-to-eat meal, would typically be classified under different headings, often in Chapter 16, based on the nature of the preparation and ingredients.

What are common classification mistakes for HS 030692?

A common error is misclassifying other types of clawed crustaceans as lobsters under HS 030692. For instance, certain species of large crayfish or specific types of crabs might be mistakenly identified as lobsters. This often occurs due to a lack of precise biological knowledge or reliance on common names rather than scientific genus. 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 to avoid such errors.

How should importers classify products under HS 030692?

The correct procedure for classifying lobsters under HS 030692 involves first confirming the biological genus of the product. Importers and customs brokers must consult official tariff schedules, such as the USITC HTS or the UK Trade Tariff, and potentially the WCO HS Explanatory Notes. If the product is indeed a lobster of the *Homarus* genus, the specific subheading 030692 is applicable. Verification of the product's condition (live, fresh, frozen, etc.) is also necessary to ensure no further subheadings within 0306 apply based on these distinctions.

How is the duty calculated for products under HS 030692?

A shipment of 100 kg of frozen lobsters (*Homarus gammarus*) declared at a customs value of $2,000 USD would attract a US duty of $100.00. This is calculated using the Most Favored Nation (MFN) duty rate of 5.0% ad valorem, applied to the customs value: 5.0% × $2,000 USD = $100.00. This calculation is based on the rates published in the USITC Harmonized Tariff Schedule (HTS) for subheading 0306.92.00.00.

Which trade agreements reduce duties for HS 030692?

Several free trade agreements may reduce the applicable duty rate for HS 030692, including the United States-Mexico-Canada Agreement (USMCA). Under USMCA, lobsters originating from Canada or Mexico can enter the United States duty-free. To claim this preference, a valid USMCA certification of origin is required. For imports into the European Union, lobsters originating from countries with a Free Trade Agreement that includes provisions for fisheries products may also benefit from reduced or zero duties, often requiring an EUR.1 movement certificate.

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