HS 030749 Other

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What products does HS 030749 cover?

This subheading covers "other" molluscs, specifically those not already classified under preceding subheadings of heading 0307. According to the WCO Harmonized System Nomenclature, this includes various species of cephalopods such as cuttlefish and squid, when they are fresh, chilled, frozen, dried, salted, or in brine, but not otherwise prepared or preserved. The USITC Harmonized Tariff Schedule (HTS) and the EU TARIC database further delineate that this category is for cephalopods not specified in 0307.41 (e.g., cuttlefish and squid, live, fresh or chilled) or 0307.49 (e.g., frozen cuttlefish and squid).

What falls outside HS 030749?

The following products are excluded from HS 030749: live cephalopods, fresh or chilled cuttlefish and squid (classified under 0307.41), and any cephalopods that have undergone further preparation or preservation beyond drying, salting, or being in brine, such as those canned, cooked, or incorporated into dishes. For instance, canned squid in oil would be classified under Chapter 16, not heading 0307. Similarly, other molluscs like oysters, mussels, and clams, even if processed similarly, fall under different subheadings within heading 0307 or other chapters depending on their preparation.

What are common classification mistakes for HS 030749?

A common error is misclassifying prepared or preserved cephalopods under this subheading. General Interpretative Rule 1 (GIR 1) dictates that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Importers may incorrectly classify products that have been cooked, smoked, or mixed with other ingredients, which would typically fall under Chapter 16 (Preparations of meat, of fish, of crustaceans, molluscs and other aquatic invertebrates). It is crucial to examine the exact state of the product and any processing it has undergone.

How should importers classify products under HS 030749?

The correct procedure for classifying products under HS 030749 involves a multi-step process. First, determine if the product is a mollusc, specifically a cephalopod like cuttlefish or squid. Second, ascertain its condition: fresh, chilled, frozen, dried, salted, or in brine. If it meets these criteria and is not otherwise specified in more precise subheadings (like 0307.41), then 0307.49 is likely applicable. Importers and customs brokers should consult the official tariff schedules of the importing country, such as the USITC HTS or EU TARIC, for definitive guidance and any country-specific notes.

How is the duty calculated for products under HS 030749?

A shipment of 1,000 kilograms of frozen cuttlefish, declared at a customs value of $5,000 USD, would attract a US duty of $500.00. This is calculated using the Most Favored Nation (MFN) duty rate of 10% ad valorem, applied to the declared customs value. The calculation is: 10% of $5,000 USD = $500.00. This rate is published in the USITC Harmonized Tariff Schedule (HTS) under subheading 0307.49.00.00 for frozen cuttlefish and squid, not otherwise specified.

Which trade agreements reduce duties for HS 030749?

Several free trade agreements may reduce the applicable duty rate for HS 030749, including the United States-Mexico-Canada Agreement (USMCA), which can provide duty-free entry for originating goods from Canada and Mexico. Additionally, the Generalized System of Preferences (GSP) may offer reduced or free entry for certain developing countries. For USMCA, a self-certified origin statement on the invoice or a separate declaration is typically required. For GSP, a Form A (Certificate of Origin) is generally needed, with specific requirements varying by importing jurisdiction and origin country.

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