HS 030771 Clams, cockles and ark shells (families Arcidae, Arcticidae, Cardiidae, Donacidae, Hiatellidae, Mactridae, Mesodesmatidae, Myidae, Semelidae, Solecurtidae, Solenidae, Tridacnidae and Veneridae)

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What products does HS 030771 cover?

This subheading covers live, fresh, or chilled clams, cockles, and ark shells belonging to the specific families listed in the Harmonized System nomenclature, including Arcidae, Arcticidae, Cardiidae, Donacidae, Hiatellidae, Mactridae, Mesodesmatidae, Myidae, Semelidae, Solecurtidae, Solenidae, Tridacnidae, and Veneridae. According to the World Customs Organization (WCO) Explanatory Notes and official tariff databases like the USITC Harmonized Tariff Schedule (HTS) and the EU TARIC, this classification applies to these bivalve molluscs in their natural state, whether alive or preserved by refrigeration, excluding those that have undergone further processing such as cooking or drying.

What falls outside HS 030771?

The following products are excluded from HS 030771: molluscs that have been cooked, frozen, dried, salted, or otherwise preserved beyond simple refrigeration. For instance, frozen clams (HS 030779), prepared or preserved clams (e.g., canned clam chowder, HS 210500), or even live oysters (HS 030710) and mussels (HS 030781) would be classified under different headings. The key distinction is the state of preservation and any processing applied, as detailed in Chapter 03 notes and the WCO HS Nomenclature.

What are common classification mistakes for HS 030771?

A common error is misclassifying products that have undergone minimal processing, such as being packed in brine or a light solution, which might still be considered "fresh or chilled" under certain interpretations. Another mistake involves confusing the specific families of molluscs covered by this subheading with other bivalves not listed, or incorrectly classifying cooked or frozen products under this code. Adherence to General Interpretative Rule 1 (GIR 1) and the specific Chapter 3 notes is crucial to avoid misclassification.

How should importers classify products under HS 030771?

The correct procedure for classifying products under HS 030771 involves a thorough examination of the product's state and any processing it has undergone. Importers and customs brokers must consult the official tariff schedule of the importing country, such as the USITC HTS or the EU TARIC, and cross-reference with the WCO HS Explanatory Notes. Confirming that the specific species of clam, cockle, or ark shell belongs to one of the listed families and that the product is presented live, fresh, or chilled is paramount.

How is the duty calculated for products under HS 030771?

A shipment of 100 kilograms of fresh Manila clams (a species of clam falling under this category), 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 customs value ($500 USD × 0.03 = $15.00), as published in the USITC Harmonized Tariff Schedule for HS 030771.

Which trade agreements reduce duties for HS 030771?

Several free trade agreements may reduce the applicable duty rate for HS 030771, including the United States-Mexico-Canada Agreement (USMCA), which can result in a duty rate of Free for qualifying goods originating from Canada and Mexico. Additionally, preferential rates may be available under various Generalized System of Preferences (GSP) schemes for developing countries. To claim these preferences, importers typically require a self-certified origin statement for USMCA or a GSP Form A for GSP beneficiaries, depending on the specific agreement and importing country's requirements.

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