HS 870290 Other

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What products does HS 870290 cover?

This subheading covers "other" vehicles of heading 8702, which pertains to motor vehicles for the transport of ten or more persons, including the driver. According to the World Customs Organization (WCO) Harmonized System Nomenclature, and as reflected in national tariff schedules like the USITC Harmonized Tariff Schedule (HTS) and the EU's TARIC, HS 870290 is a residual category for vehicles within heading 8702 that are not specifically classified under other subheadings of 8702, typically those with specific engine types or chassis configurations not otherwise detailed.

What falls outside HS 870290?

The following products are excluded from HS 870290: vehicles specifically designed for the transport of ten or more persons that fall under other more specific subheadings of heading 8702, such as those powered by electric motors or those with specific chassis types. For instance, a 12-seater bus powered solely by an electric motor would be classified elsewhere. Similarly, vehicles designed for fewer than ten persons, or specialized vehicles like ambulances or prison vans, are classified under different headings, adhering to General Interpretative Rule 1 of the Harmonized System.

What are common classification mistakes for HS 870290?

A common error is misinterpreting the "other" designation, leading to the incorrect classification of vehicles that should fall under more specific subheadings within heading 8702 or even other headings entirely. For example, classifying a vehicle with a seating capacity of exactly ten persons under 870290 when it might have a more specific classification based on its propulsion system or chassis type. Importers must carefully review the full text of heading 8702 and its subheadings, applying the General Interpretative Rules (GIRs) to ensure the most specific and accurate classification.

How should importers classify products under HS 870290?

The correct procedure for classifying products under HS 870290 involves a thorough examination of the vehicle's specifications against the definitions provided in heading 8702 and its subheadings. Importers and customs brokers must determine the vehicle's primary function, seating capacity (ten or more persons), and propulsion system. If the vehicle does not fit any more specific subheading within 8702, and meets the general criteria of heading 8702, then HS 870290 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 870290?

A 15-passenger minibus, declared at a customs value of $50,000 USD, would attract a US duty of $3,750 USD if subject to the Most Favored Nation (MFN) rate of 7.5% ad valorem. This is calculated using the MFN rate published in the USITC Harmonized Tariff Schedule (HTS) as 7.5% of the declared customs value ($50,000 USD × 0.075 = $3,750 USD). It is imperative to verify the specific duty rate applicable to the country of origin and the importer's status.

Which trade agreements reduce duties for HS 870290?

Several free trade agreements may reduce the applicable duty rate for HS 870290, including the United States-Mexico-Canada Agreement (USMCA), which can lead to a duty rate of Free for qualifying vehicles originating from Canada or Mexico. For vehicles originating from certain developing countries, the Generalized System of Preferences (GSP) may offer reduced or Free duty rates. Documentation required typically includes a self-certified origin statement for USMCA or a GSP Form A for GSP beneficiaries, depending on the specific agreement and jurisdiction.

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