HS 160510 Crab

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What products does HS 160510 cover?

This subheading covers prepared or preserved crab meat, including pastes and spreads. According to the World Customs Organization's Harmonized System Nomenclature, Heading 1605 specifically pertains to "Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved." Subheading 1605.10 is dedicated to crab, encompassing various forms such as cooked, chilled, frozen, canned, or dried crab meat, as well as products derived from crab meat, provided they are prepared or preserved. The USITC Harmonized Tariff Schedule (HTS) and the EU's TARIC database align with this broad definition for crab preparations.

What falls outside HS 160510?

The following products are excluded from HS 160510: live crabs, fresh or chilled crab meat not otherwise prepared or preserved (which would typically fall under HS 0306), and crab shells or exoskeletons intended for industrial use or as raw material for other processes. Products where crab is merely an ingredient in a more complex composite food, and where crab is not the predominant component or is not specifically identifiable, may also be classified elsewhere, often under composite food headings based on the principal constituent or the nature of the preparation, following General Rule of Interpretation 1.

What are common classification mistakes for HS 160510?

A common error is misclassifying crab products that are not solely crab meat. For instance, crab cakes or crab salads, where other ingredients like breadcrumbs, mayonnaise, or vegetables are present in significant quantities, might be incorrectly classified under 160510 if they should be classified as composite goods under Chapter 21, based on General Rule of Interpretation 3. Another mistake involves classifying live or fresh/chilled crab under this heading, which are correctly classified under HS 0306. The preparation or preservation method is crucial for accurate classification.

How should importers classify products under HS 160510?

The correct procedure for classifying crab products under HS 160510 involves a thorough examination of the product's form and preparation. Importers and customs brokers must determine if the product consists of crab meat that has been prepared or preserved, such as cooked, canned, or frozen. They should consult the official tariff schedule of the importing country, like the USITC HTS or the EU TARIC, and review the explanatory notes for Heading 1605. Verification of the ingredient list and processing method is essential to ensure it meets the criteria for this subheading and is not a live, fresh, or composite good classified elsewhere.

How is the duty calculated for products under HS 160510?

A 1-kilogram can of cooked crab meat, declared at a customs value of $25.00 USD, would attract a US duty of $3.75. This is calculated using the Most Favored Nation (MFN) duty rate of 15% ad valorem, applied to the declared customs value ($25.00 USD × 0.15 = $3.75). This calculation is based on the MFN rate published in the USITC Harmonized Tariff Schedule for subheading 1605.10.90.00, which covers other prepared or preserved crab.

Which trade agreements reduce duties for HS 160510?

Several free trade agreements may reduce the applicable duty rate for HS 160510, including the United States-Mexico-Canada Agreement (USMCA). Under USMCA, originating crab products from Canada and Mexico can enter the United States duty-free. To claim this preference, a valid origin declaration on the commercial invoice or a separate certificate of origin is required. For imports into the European Union, originating crab products from countries with a Free Trade Agreement (FTA) with the EU may also benefit from reduced or zero duties, typically requiring an EUR.1 movement certificate or an origin declaration by the exporter.

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