HS 160556 Clams, cockles and arkshells

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What products does HS 160556 cover?

This subheading covers edible mollusks, specifically clams, cockles, and arkshells, prepared or preserved. According to the World Customs Organization's Harmonized System Nomenclature, Heading 1605 pertains to "Crustaceans, mollusks and other aquatic invertebrates, prepared or preserved." Subheading 1605.56 specifically enumerates these bivalve mollusks, excluding those classified under other headings or subheadings that might pertain to live or fresh specimens. The USITC Harmonized Tariff Schedule (HTS) and the EU's TARIC database confirm this scope, including products that are cooked, canned, or otherwise processed for consumption.

What falls outside HS 160556?

The following products are excluded from HS 160556: live clams, cockles, and arkshells (typically classified under Chapter 03), as well as products where these mollusks are merely an ingredient in a more complex prepared dish or composite good, which would be classified based on the predominant constituent or the nature of the composite good itself. For instance, a clam chowder would likely not fall under this heading but rather under a heading for soups or prepared meals. Shells of these mollusks not intended for consumption are also excluded.

What are common classification mistakes for HS 160556?

A common error is misclassifying products based on their packaging rather than their inherent nature. For example, clams packed in brine or sauce are still classified under 160556, provided they are prepared or preserved. Another mistake is confusing these bivalves with other shellfish. Adherence to the specific botanical and zoological definitions outlined in the WCO HS Explanatory Notes and national tariff schedules is crucial, particularly when dealing with processed forms where the original species might be less apparent.

How should importers classify products under HS 160556?

The correct procedure for classifying products under HS 160556 involves a detailed examination of the product's form and preparation. Importers and customs brokers must verify if the product consists of clams, cockles, or arkshells that have been prepared or preserved. Consulting the official tariff schedule of the importing country, such as the USITC HTS or the EU TARIC, and reviewing the Explanatory Notes to the Harmonized System is essential to confirm the correct classification and any specific national subdivisions.

How is the duty calculated for products under HS 160556?

A 10-kilogram container of canned clams, declared at a customs value of $150 USD, would attract a US duty of $15.00. 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 $150 USD = $15.00. This is calculated using the MFN rate published in the USITC Harmonized Tariff Schedule (HTS 1605.56.0000).

Which trade agreements reduce duties for HS 160556?

Several free trade agreements may reduce the applicable duty rate for HS 160556, including the United States-Mexico-Canada Agreement (USMCA), which offers preferential rates or "Free" entry for qualifying goods originating from Canada and Mexico. Additionally, the Generalized System of Preferences (GSP) may provide duty-free entry for eligible products from designated developing countries. To claim preference under USMCA, a valid Certificate of Origin is required. For GSP, a GSP Form A or a self-certified origin declaration is typically necessary, depending on the importing country's regulations.

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