The International Trade Commission posted the 2019 Basic Edition of the U.S. Harmonized Tariff Schedule. The new HTS implements the removal of Mauritania from eligibility for African Growth and Opportunity Act benefits, makes widespread changes to units of measure throughout the tariff schedule, and adds new statistical suffixes for infant footwear, aluminum foil and paper, among other products. Most changes took effect Jan. 1.
Harmonized Tariff Schedule
The Harmonized Tariff Schedule (HTS) provide classification provisions and duty rates for almost every item that exists. It is a system of classifying and taxing all goods imported into the United States. The HTS is based on the international Harmonized System, which is a global standard for naming and describing trade products, and consists of a hierarchical structure that assigns a specific code and rate to each type of merchandise for duty, quota, and statistical purposes. The HTS was made effective on January 1, 1989, replacing the former Tariff Schedules of the United States. It is maintained by the U.S. International Trade Commission, but CBP is responsible for interpreting and enforcing the HTS.
Some new tariff provisions in the 2019 edition of the Harmonized Tariff Schedule have already been implemented, despite the ongoing partial federal government shutdown and the resulting lack of any official version published by the International Trade Commission. According to documents recently posted by the National Customs Brokers & Forwarders Association of America, changes affect classification for infant footwear, aluminum foil and paper, among other products. Extensive changes were also made to units of measure throughout the tariff schedule. On the other hand, changes made by a recent presidential proclamation, including the removal of African Growth and Opportunity Act (AGOA) benefits for Mauritania, have yet to be implemented by CBP, the NCBFAA has said. The following is a summary of the purported changes to the tariff schedule:
The Committee for the Implementation of Textile Agreements seeks comments by Nov. 16 on potential changes to the U.S.-Korea Free Trade Agreement that would allow use of certain fibers and yarns that are not otherwise originating under KORUS. Fibers and yarns subject to the request from the government of South Korea include:
The Commerce Department will impose antidumping duty cash deposit requirements on laminated woven sacks from Vietnam (A-552-823), after finding in its preliminary determination that imports of the product are being sold in the U.S. at less than fair value. The new AD duty cash deposit requirements take effect for entries on or after Oct. 11.
The International Trade Commission issued Revision 12 to the Harmonized Tariff Schedule. The relatively comprehensive update implements as of Oct. 1 new provisions for wood products agreed to by the World Customs Organization, and adds new subheadings for pesticide-impregnated bed nets in Chapter 63. Other changes include new provisions for the third, $200 billion list of 10 percent Section 301 tariffs that took effect for goods from China beginning Sept. 24, as well as new exemptions for certain products from Section 201 safeguards on solar cells that took effect Sept. 19.
The Office of the U.S. Trade Representative is amending the list of goods from China newly subject to 10 percent Section 301 tariffs to remove frozen salmon and make conforming changes to subheadings covering wood. Effective Sept. 24, USTR is removing from the list subheadings 0304.81.10 and 0304.81.50, which cover frozen salmon, in order “to account fully for the extensive public comments and testimony previously provided” in the Section 301 investigation.
The Trump administration should pursue a “plurilateral agreement among the world’s largest economies” to curb China’s allegedly unfair trade practices, commented IBM in docket USTR-2018-0026 in opposition to the third tranche of Section 301 tariffs on Chinese imports. IBM thinks that a global agreement with China’s “largest trade and investment partners” could help “establish broad new norms,” it said.
The International Trade Commission recently issued Revision 11 to the Harmonized Tariff Schedule. Changes include those required to implement new exemptions from absolute quotas on steel from Argentina, Brazil and South Korea, and aluminum from Argentina, imposed as part of those countries’ deals to escape Section 232 tariffs (see 1808300004). Those changes take effect Aug. 30. The updated HTS also includes amendments effective Sept. 1 to rules of origin under the U.S.-Bahrain Free Trade Agreement. Finally, the recently revised subheading 9705.00.0085, which since July 1 has covered “zoological, botanical, mineralogical, anatomical, historical and paleontological pieces,” now refers more broadly to “other” collections or collectors’ pieces (i..e, other than numismatic, archaeological or ethnographic pieces). That change takes effect retroactively to July 1.
Holiday-themed goods imported by Russ Berrie are largely not classifiable in heading 9505 as festive articles, the Court of International Trade said in an Aug. 30 decision. In a long-running classification challenge that took over a quarter-century to resolve, the court mostly sided with the government on the articles remaining in dispute, finding them classifiable as toys, lamps and footwear, with a single exception.
CBP announced the calendar year 2018 tariff rate quota for tuna in airtight containers. It said 13,951,961 kilograms of tuna in airtight containers may be entered and withdrawn from warehouse for consumption during 2018, at the rate of 6% ad valorem under Harmonized Tariff Schedule subheading 1604.14.22. Any such tuna that is entered or withdrawn from warehouse for consumption during the current calendar year in excess of this quota will be dutiable at the rate of 12.5% ad valorem under HTS subheading 1604.14.30.