HS 320650 Inorganic products of a kind used as luminophores

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What products does HS 320650 cover?

This subheading covers inorganic products specifically designed for use as luminophores, which are substances that emit light when exposed to radiation. According to the World Customs Organization (WCO) Harmonized System Explanatory Notes and definitions found in the USITC Harmonized Tariff Schedule (HTS) and the EU's TARIC database, this includes phosphors and other light-emitting inorganic compounds. These materials are typically used in applications such as fluorescent lamps, television screens, and safety signage, where their ability to absorb energy and re-emit it as visible light is crucial. The key characteristic is their luminescent property, not their colorant function.

What falls outside HS 320650?

The following products are excluded from HS 320650: organic luminophores, which are classified under other headings within Chapter 32. Also excluded are inorganic pigments and preparations that are not primarily used for their luminescent properties, such as titanium dioxide (HS 3206.10) or iron oxides (HS 3206.49). Products that are finished articles incorporating luminophores, like fluorescent paints or inks, are classified based on their overall function or the principal constituent material, rather than as raw luminophores. For instance, a fluorescent ink would likely fall under HS 3215.

What are common classification mistakes for HS 320650?

A common error is misclassifying inorganic pigments that exhibit some degree of fluorescence but are primarily intended for coloration. According to General Rule of Interpretation (GRI) 3(b), when goods are mixed or composed of different materials or components, classification is determined by the essential character of the goods. If the luminescent property is secondary to its pigmentary function, it may not qualify for 320650. Importers must carefully assess the intended use and primary function of the product, ensuring it is specifically manufactured for light emission, not just color.

How should importers classify products under HS 320650?

The correct procedure for classifying products under HS 320650 involves a detailed examination of the product's technical specifications and intended use. Importers and customs brokers should consult the WCO Explanatory Notes and the specific national tariff schedules, such as the USITC HTS or the EU TARIC. Key factors include verifying that the product is inorganic and that its primary function is to emit light upon excitation. Obtaining a manufacturer's declaration detailing the product's composition and intended application is highly recommended to support the classification decision.

How is the duty calculated for products under HS 320650?

A shipment of 100 kilograms of Zinc Sulfide (ZnS) based phosphor powder, declared at a customs value of $5,000 USD, would attract a US duty. Assuming a Most Favored Nation (MFN) duty rate of 3.7% ad valorem, the calculated US duty would be $185.00 ($5,000 × 0.037). This calculation is based on the declared customs value and the MFN rate published in the USITC Harmonized Tariff Schedule, HTSUS, under subheading 3206.50.0000.

Which trade agreements reduce duties for HS 320650?

Several free trade agreements may reduce the applicable duty rate for HS 320650. For instance, under the United States-Mexico-Canada Agreement (USMCA), originating goods may be eligible for a duty rate of Free. Similarly, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) can offer preferential rates, potentially Free, for originating products from countries like Japan or Singapore. To claim these preferences, importers typically require a Certificate of Origin or a self-certified origin statement, depending on the specific agreement and jurisdiction, often specifying the country of origin as Canada, Mexico, Japan, or Singapore.

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