Effective July 1, 2004 New HTS Number for Vietnam AD Order Frozen Fish Fillets, Etc
U.S. Customs and Border Protection (CBP) has issued an administrative message which states that its Commercial Enforcement Branch has reviewed importations of "catfish" made on and after July 1, 2004 and found that importers and filers are not using the new statistical breakouts approved by the 484(f) committee that were effective July 1, 2004.
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(The interagency 484(f) committee approves changes to the statistical suffixes (the 9th and 10th digits) of a tariff number which do not require Congressional or Presidential action to implement.)
Frozen Fish Fillets Subject to Vietnam AD Order Must Now Use HTS 0304.20.6033
According to previous ITA notices, frozen fish fillets of four species of Pangasius, referred to as "basa" and "tra" by the Vietnamese, are subject to the antidumping (AD) duty order on certain frozen fish fillets from Vietnam (A-552-801).
These ITA notices also state that subject frozen fish fillets are classifiable in HTS 0304.20.6030, 0304.20.6096, 0304.20.6043, and 0304.20.6057, but that these tariff numbers are only for convenience and Customs purposes, as the written description of the scope is dispositive.
However, CBP states that one of the four tariff numbers, HTS 0304.20.6030 (frozen catfish fillets), has been replaced by three new statistical breakouts. Importantly, CBP states that only one of the three new breakouts, 0304.20.6033, should be used to enter the Pangasius species covered by the AD duty order on certain frozen fish fillets from Vietnam.
(The July 1, 2004 version of the 2004 HTS reflects the deletion of HTS 0304.20.6030 (frozen catfish fillets), and the addition of three new frozen fillet breakouts in its place:
HTS 0304.20.6032 for Ictalurus species;
HTS 0304.20.6033 for Pangasius species, including basa and tra
HTS 0304.20.6034 for other Siluriformes. )
CBP also states that the other tariff numbers listed in the AD order, 0304.20.6043 (other frozen fresh-water fillets), 0304.20.6057 (frozen Sole fillets), and HTS 0304.20.6096 (other frozen fillets, NSPF), are not correct classifications for the Pangasius species, regardless of the country of origin.
(CBP notes that the use of the term "catfish," for product labeling purposes, only applies to species of the genus Ictalurus, pursuant to the Farm Security and Rural Investment Act of 2002 (P.L. 107-171).)
Additional Statistical Breakouts Created for Ictalurus and Pangasius Species
CBP also states that effective July 1, 2004, additional statistical breakouts were created for the Ictalurus species in HTS 0302.69.2050 (fresh or chilled, excluding fillets), HTS 0303.79.2051 (frozen, excluding fillets), and HTS 0304.10.4005 (fresh or chilled fillets).
New breakouts for Pangasius species including basa and tra, were also created in HTS 0302.69.2051 (fresh or chilled, excluding fillets), HTS 0303.79.2053 (frozen, excluding fillets), and HTS 0304.10.4007 (fresh or chilled fillets, etc.).
(See ITT's Online Archives or 08/13/03 news, 03081335, for BP summary of the AD duty order in this case, A-552-801.)
CBP Admin 04-1697 (dated 07/28/04) available via fax or email, by emailing documents@brokerpower.com
BP Note
According to ITA sources, the ITA concurs with this CBP administrative message. In addition, sources state that the ITA does not currently plan to change the scope of the AD order on frozen fish fillets from Vietnam to reflect this one "correct" HTS number, as the tariff numbers in the order are only for convenience and Customs purposes. The written description of the scope is dispositive.