HS 030694 Norway lobsters (Nephrops norvegicus)

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What products does HS 030694 cover?

This subheading covers Norway lobsters (Nephrops norvegicus), also known as Dublin Bay prawns or langoustines, whether fresh, chilled, frozen, dried, salted, or in brine. According to the World Customs Organization (WCO) Harmonized System Nomenclature, this specific classification applies to the whole Norway lobster. The US International Trade Commission (USITC) Harmonized Tariff Schedule (HTS) and the EU's Integrated Tariff of the European Union (TARIC) align with this definition, ensuring consistent global classification for this particular crustacean.

What falls outside HS 030694?

The following products are excluded from HS 030694: Norway lobsters that have been cooked, whether or not shelled, which are typically classified under HS 030695. Furthermore, Norway lobster meat, even if separated from the shell, falls under different subheadings within HS 0306. Products that are not Norway lobsters, such as other types of lobsters (e.g., Homarus gammarus) or prawns, will be classified under their respective HS codes, necessitating careful identification of the species.

What are common classification mistakes for HS 030694?

A common error is misclassifying cooked Norway lobsters as falling under HS 030694. General Rule of Interpretation (GRI) 1 of the Harmonized System dictates that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Cooked crustaceans, including Norway lobsters, are explicitly excluded from heading 0306 and are generally classified under HS 030695, requiring importers to verify the processing state of the product.

How should importers classify products under HS 030694?

The correct procedure for classifying Norway lobsters under HS 030694 involves confirming the species is indeed *Nephrops norvegicus* and that the product is in its raw, unprocessed state (fresh, chilled, frozen, dried, salted, or in brine). Importers and customs brokers must consult the official tariff schedule of the importing country, such as the USITC HTS or the EU TARIC, to verify the exact wording of the subheading and any relevant notes. Accurate product descriptions and supporting documentation are crucial for compliance.

How is the duty calculated for products under HS 030694?

A shipment of 100 kilograms of frozen Norway lobsters, 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 declared customs value ($2,000 USD × 5.0% = $100.00). This calculation is based on the MFN rate published in the USITC Harmonized Tariff Schedule for HS code 030694.

Which trade agreements reduce duties for HS 030694?

Several free trade agreements may reduce the applicable duty rate for HS 030694. For instance, under the United States-Mexico-Canada Agreement (USMCA), originating Norway lobsters from Canada or Mexico may enter the US duty-free. Similarly, the EU's Economic Partnership Agreements (EPAs) with certain African, Caribbean, and Pacific countries can offer preferential rates, often resulting in duty-free entry. To claim these preferences, importers typically require a self-certified origin statement for USMCA or an EUR.1 movement certificate for EU preferences, depending on the specific agreement and jurisdiction.

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