HS 030712 Frozen

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What products does HS 030712 cover?

This subheading covers "Frozen" edible oysters, whether or not in shell, live, fresh, or chilled, that have been subjected to a freezing process. According to the World Customs Organization's Harmonized System Nomenclature, this category specifically pertains to oysters preserved by freezing. For the United States, the Harmonized Tariff Schedule (HTS) maintained by the USITC defines this scope, and for the European Union, the TARIC database provides detailed interpretations, ensuring consistent classification of frozen oysters across member states.

What falls outside HS 030712?

The following products are excluded from HS 030712: oysters that are live, fresh, or chilled but not frozen, which would fall under HS 0307.11. Also excluded are other edible mollusks such as clams, mussels, and scallops, even if frozen, as they are classified under different subheadings within Heading 0307. Furthermore, oysters that have undergone cooking or other processing beyond simple freezing, such as canned or dried oysters, are also classified elsewhere, typically in Chapter 16.

What are common classification mistakes for HS 030712?

A common error is misinterpreting the state of preservation. Importers may mistakenly classify fresh or chilled oysters as frozen, or vice versa, leading to incorrect duty assessments. Another mistake involves confusing oysters with other bivalve mollusks. According to General Rule of Interpretation (GRI) 1, classification is determined by the terms of the headings and any relative section or chapter notes. It is crucial to verify the specific processing method and the exact species of mollusk before assigning the HS code.

How should importers classify products under HS 030712?

The correct procedure for classifying frozen oysters under HS 030712 involves a multi-step verification process. Importers and customs brokers must first confirm that the product is indeed an oyster and that it has been preserved by freezing. Reviewing product specifications, packaging, and any available laboratory analysis is essential. Consulting the official tariff schedules of the importing country, such as the USITC HTS or the EU TARIC, for specific product descriptions and any applicable notes or rulings is paramount to ensure accurate classification.

How is the duty calculated for products under HS 030712?

A shipment of 1,000 kilograms of frozen Pacific oysters, declared at a customs value of $5,000 USD, would attract a US duty of $1,000.00. This is calculated using the U.S. Harmonized Tariff Schedule (HTS) MFN duty rate of 20% ad valorem, applied to the declared customs value: 20% × $5,000 USD = $1,000.00. It is important to note that specific HTS codes may have additional duties or be subject to quotas, and the final duty calculation should always be verified against the most current tariff schedule.

Which trade agreements reduce duties for HS 030712?

Several free trade agreements may reduce the applicable duty rate for HS 030712, including the United States-Mexico-Canada Agreement (USMCA), which can result in duty-free entry for qualifying oysters originating from Canada or Mexico. For European Union member states, the Generalized System of Preferences (GSP) may offer reduced or duty-free rates for certain developing countries. To claim preferential treatment under USMCA, a valid Certificate of Origin is generally required, while GSP benefits typically necessitate a GSP Form A or a self-certified origin declaration.

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