HS 970522 Extinct or endangered species and parts thereof

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What products does HS 970522 cover?

This subheading covers specimens of extinct or endangered species and parts thereof, specifically those that are of zoological, botanical, mineralogical, palaeontological, or archaeological interest. According to the World Customs Organization (WCO) Harmonized System Nomenclature, this includes items such as fossils of extinct animals, preserved plants from endangered species, or mineral specimens that are scientifically significant. The USITC Harmonized Tariff Schedule (HTS) and the EU TARIC database provide further clarification, emphasizing the scientific or historical value over commercial appeal.

What falls outside HS 970522?

The following products are excluded from HS 970522: items that are not scientifically or historically significant, even if derived from an endangered species, such as commercially farmed exotic animal products or decorative items made from protected flora. Also excluded are live animals or plants, which are classified under Chapter 01 or Chapter 06 respectively. Furthermore, items that have undergone substantial processing to become manufactured goods, losing their original specimen character, are typically classified elsewhere, for instance, in Chapter 42 for leather goods.

What are common classification mistakes for HS 970522?

A common error is misinterpreting the "extinct or endangered" criterion. Importers may incorrectly classify items that are merely rare but not officially listed as extinct or endangered by relevant international bodies like CITES or national authorities. Another mistake involves failing to recognize that the primary criterion is scientific or historical interest; a common object made from a protected species, lacking such significance, would not fall under this heading, potentially violating General Interpretative Rule 1.

How should importers classify products under HS 970522?

The correct procedure for classifying products under HS 970522 involves a thorough review of the item's origin, scientific significance, and its status regarding extinction or endangerment. Importers and customs brokers must consult official lists of protected species (e.g., CITES appendices) and relevant national legislation. Documentation such as scientific certifications, permits from wildlife authorities, and proof of non-commercial scientific or historical value are crucial for accurate classification and compliance.

How is the duty calculated for products under HS 970522?

A fossilized dinosaur bone fragment weighing 0.5 kg and declared at a customs value of $500 USD would attract a US duty of $0.00. This is because specimens of extinct species, when imported for non-commercial scientific or educational purposes, are typically admitted duty-free under the USITC Harmonized Tariff Schedule. The applicable MFN duty rate for such items, when not meeting these specific exemptions, would be 0% ad valorem, resulting in zero duty payable.

Which trade agreements reduce duties for HS 970522?

Several free trade agreements may reduce the applicable duty rate for HS 970522, including the United States-Mexico-Canada Agreement (USMCA), which can result in a duty rate of Free for qualifying goods originating from Canada or Mexico. The European Union's Generalized Scheme of Preferences (GSP) may also offer preferential rates for eligible developing countries. Documentation required typically includes a USMCA Certificate of Origin or a GSP Form A, depending on the origin country and the specific trade agreement.

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