HS 970610 Of an age exceeding 250 years

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What products does HS 970610 cover?

This subheading covers works of art, antiques, and collectors' pieces that have attained an age exceeding 250 years at the time of importation. According to the World Customs Organization (WCO) Harmonized System Nomenclature, this category is specifically for items of significant historical or artistic merit that have demonstrably aged beyond this threshold. Official definitions from sources like the USITC Harmonized Tariff Schedule (HTS) and the EU TARIC database confirm that the 250-year criterion is the primary determinant for classification under 970610.

What falls outside HS 970610?

The following products are excluded from HS 970610: items that do not meet the 250-year age requirement, even if they are considered antique or valuable. For instance, furniture manufactured in the late 19th century, while potentially antique, would not qualify. Similarly, modern reproductions or items less than 250 years old, regardless of their artistic merit or rarity, are classified under different headings, such as those for new works of art or decorative objects.

What are common classification mistakes for HS 970610?

A common error is misinterpreting the age requirement, especially when dealing with items where provenance or exact manufacturing dates are difficult to ascertain. Importers may mistakenly classify items as over 250 years old based on stylistic resemblance or general historical context, rather than concrete evidence. According to General Rule of Interpretation (GRI) 1, classification is determined by the terms of the headings and any relative Section or Chapter Notes, emphasizing the need for verifiable age.

How should importers classify products under HS 970610?

The correct procedure for classifying products under HS 970610 involves meticulously gathering evidence of the item's age. Importers and customs brokers must obtain documentation such as expert appraisals, historical records, or scientific dating results that definitively prove the item's age exceeds 250 years. This documentation should be readily available to present to customs authorities upon request to support the declared classification.

How is the duty calculated for products under HS 970610?

A 17th-century Persian rug weighing 5 kilograms and declared at a customs value of $15,000 USD would, in many jurisdictions, attract a duty rate of 0% ad valorem under HS 970610, as many countries offer duty-free entry for qualifying antiques. For example, under the USITC Harmonized Tariff Schedule, the Most Favored Nation (MFN) rate for this category is often 0%. Therefore, the duty would be $0.00 (0% × $15,000).

Which trade agreements reduce duties for HS 970610?

Several free trade agreements may reduce the applicable duty rate for HS 970610, including the United States-Mexico-Canada Agreement (USMCA), which can result in a duty-free status for qualifying goods originating from Canada or Mexico. The European Union's internal market also allows for free movement of qualifying antiques. Documentation required to claim preference typically includes a self-certified origin statement for USMCA or a declaration of origin for intra-EU trade.

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