HS 251710 Pebbles, gravel, broken or crushed stone, of a kind commonly used for concrete aggregates, for road metalling or for railway or other ballast, shingle and flint, whether or not heat-treated

What products does HS 251710 cover?

This subheading covers pebbles, gravel, broken or crushed stone, of a kind commonly used for concrete aggregates, for road metalling or for railway or other ballast, shingle and flint, whether or not heat-treated. As defined by the Harmonized System Explanatory Notes (HSEN) for Heading 2517, these materials are typically unworked or simply crushed, suitable for bulk construction applications where their physical properties, such as strength and durability, are paramount. The USITC Harmonized Tariff Schedule (HTS) and EU TARIC system align with this WCO definition, encompassing natural stones reduced to smaller fragments for these specific industrial uses, including those that have undergone basic heat treatment for enhanced properties.

What falls outside HS 251710?

The following products are excluded from HS 251710: Macadam of slag, dross or similar industrial waste, whether or not incorporating the materials cited in 251710, which is classified under HS 251720. Tarred macadam, used for road surfaces, is also excluded and falls under HS 251730. Furthermore, ornamental gravel or chippings, specifically prepared for decorative purposes (e.g., for aquariums or landscaping where aesthetic appearance is primary), are generally excluded and classified under HS 251749, as their intended use goes beyond the bulk construction applications specified for 251710. Similarly, artificially colored or agglomerated stones are also excluded.

What are common classification mistakes for HS 251710?

A common error is misclassifying materials that have undergone more than simple crushing or heat treatment, or those intended for specialized decorative uses, under HS 251710. For instance, classifying ornamental gravel or chippings, which are typically prepared to a higher standard of uniformity or color for aesthetic purposes, under this subheading is incorrect. Such products should be classified under HS 251749. Another mistake involves classifying macadam made from industrial waste (e.g., slag) under 251710, when it correctly belongs to HS 251720. Proper application of General Interpretative Rule (GRI) 1, which dictates classification by the terms of the headings and any relative section or chapter notes, is crucial to avoid these errors.

How should importers classify products under HS 251710?

The correct procedure for classifying products under HS 251710 involves a thorough review of the product's physical characteristics, its degree of processing, and its primary intended use. Importers and customs brokers should first confirm that the material consists of natural pebbles, gravel, broken or crushed stone, shingle, or flint. Next, verify that the material is of a kind commonly used for concrete aggregates, road metalling, railway ballast, or other similar bulk construction applications. Consult the WCO HS Explanatory Notes for Heading 2517 for detailed guidance. If the material has undergone only heat treatment, it remains within this subheading. If there is any doubt regarding the intended use or processing level, consider seeking a binding ruling from the relevant customs authority (e.g., US Customs and Border Protection or EU national customs) to ensure compliance and avoid potential penalties.