HS 854089 Other

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What products does HS 854089 cover?

This subheading covers "other" thermionic, cold cathode or photocathode valves and tubes (for example, vacuum or vapour and similar electronic valves and tubes), including cathode ray tubes, and parts thereof, not elsewhere specified or included in heading 8540. According to the WCO Harmonized System Explanatory Notes and definitions found in the USITC Harmonized Tariff Schedule (HTS) and EU TARIC, this residual category captures specialized electronic valves and tubes that do not fit into the more specific subheadings of 8540, such as magnetrons or microwave tubes, provided they meet the general criteria of heading 8540.

What falls outside HS 854089?

The following products are excluded from HS 854089: valves and tubes specifically enumerated in other subheadings of heading 8540, such as magnetrons (8540.40), microwave tubes (8540.60), and cathode ray tubes (8540.11-8540.12). Additionally, solid-state semiconductor devices, even if performing similar functions, are classified under Chapter 85, but in different headings (e.g., 8541 for diodes and transistors). Devices primarily for lighting or display purposes, like LED modules, are also excluded and classified elsewhere.

What are common classification mistakes for HS 854089?

A common error is misclassifying specialized electronic tubes that have a specific function but are not explicitly listed in the more granular subheadings of 8540. This often occurs when importers fail to consult the WCO Explanatory Notes or national tariff schedules, leading them to place items in this residual category when a more precise classification exists. For instance, certain types of specialized gas discharge tubes or high-frequency tubes might have a dedicated subheading that is overlooked, violating General Rule of Interpretation (GRI) 3(a) which prioritizes the most specific description.

How should importers classify products under HS 854089?

The correct procedure for classifying products under HS 854089 involves a systematic approach. Importers and customs brokers must first determine if the product is a thermionic, cold cathode, or photocathode valve or tube. Next, they must meticulously review all preceding subheadings within heading 8540 to ascertain if a more specific classification applies. If the product does not fit any of these more specific categories, and it meets the general definition of heading 8540, then HS 854089 becomes the appropriate classification. Consulting official tariff databases like the USITC HTS or EU TARIC is crucial.

How is the duty calculated for products under HS 854089?

A specific type of specialized vacuum tube, such as a high-power transmitting tube, weighing 2.5 kg and declared at a customs value of $1,500 USD, would attract a US duty of $75.00. This is calculated using the MFN (Most Favored Nation) duty rate of 5.0% ad valorem, applied to the declared value ($1,500 USD × 0.05 = $75.00). This calculation is based on the rates published in the USITC Harmonized Tariff Schedule of the United States (HTSUS) for subheading 8540.89.9000.

Which trade agreements reduce duties for HS 854089?

Several free trade agreements may reduce the applicable duty rate for HS 854089, including the United States-Mexico-Canada Agreement (USMCA), which can result in a duty rate of Free for originating goods from Canada and Mexico. Additionally, preferential rates may be available under the Generalized System of Preferences (GSP) for eligible developing countries, potentially offering reduced duties or Free entry. To claim these preferences, importers typically require a self-certified origin statement for USMCA or a GSP Form A for GSP beneficiaries, depending on the specific agreement and originating country.

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