HS 810210 Powders

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What products does HS 810210 cover?

This subheading covers powders of selenium, tellurium, and their compounds, as specifically defined by the World Customs Organization (WCO) Harmonized System Nomenclature. According to the USITC Harmonized Tariff Schedule (HTS) and the EU's TARIC database, this classification applies to finely divided forms of these elements and their chemical combinations, provided they are not further processed or incorporated into specific articles that would warrant a different classification under Chapter 81 or other chapters. The physical form as a powder is the primary determinant.

What falls outside HS 810210?

The following products are excluded from HS 810210: solid forms of selenium and tellurium (e.g., ingots, rods, or granules), compounds of selenium and tellurium that are specifically enumerated or classified elsewhere in the tariff schedule (such as certain pharmaceutical preparations or pigments), and articles manufactured from these powders that have undergone further processing or assembly. For instance, selenium dioxide used as a catalyst in a chemical reaction would likely be classified based on its function or the resulting product, not solely as a selenium powder.

What are common classification mistakes for HS 810210?

A common error is misinterpreting the physical form. If a product is described as a "powder" but is actually a granular material or a paste containing selenium or tellurium compounds, it may not meet the strict definition of "powder" under the WCO's General Rules for the Interpretation of the Harmonized System (GRI). Additionally, failing to consider if the compound has a more specific classification under other headings, such as those for inorganic chemicals or pigments, can lead to incorrect classification.

How should importers classify products under HS 810210?

The correct procedure for classifying products under HS 810210 involves a thorough examination of the product's physical form and chemical composition. Importers and customs brokers must verify that the material is indeed a powder of selenium, tellurium, or their compounds. Consulting the official tariff schedules of the importing country, such as the USITC HTS or the UK Trade Tariff, and referencing Explanatory Notes from the WCO are crucial steps to ensure accurate classification.

How is the duty calculated for products under HS 810210?

A shipment of 100 kilograms of pure selenium powder, declared at a customs value of $5,000 USD, would attract a US duty of $250.00. This is calculated using the Most Favored Nation (MFN) duty rate of 5.0% ad valorem, applied to the declared value ($5,000 USD × 0.05 = $250.00). This calculation is based on the rates published in the USITC Harmonized Tariff Schedule (HTS) for subheading 810210.00.00.

Which trade agreements reduce duties for HS 810210?

Several free trade agreements may reduce the applicable duty rate for HS 810210, including the United States-Mexico-Canada Agreement (USMCA). Under USMCA, originating selenium and tellurium powders from Canada and Mexico may be admitted duty-free. To claim this preference, a self-certified origin statement is typically required. Additionally, certain developing countries may benefit from the Generalized System of Preferences (GSP), potentially offering reduced or free entry, with a GSP Form A often being the required documentation.

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