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ITC's Final Report on Proposed HTS Changes for 2012 (Part 4: Ch. 16-24)

June 14, 2011 by Elizabeth Parker|Top News

The International Trade Commission has issued a final report in connection with its investigation of proposed 2012 WCO-recommended modifications to the Harmonized Tariff Schedule of the U.S., pursuant to section 1205 of the Omnibus Trade and Competitiveness Act of 19881. This is Part 4 of a series of summaries of these proposed modifications, and covers changes to Chapters 16-24.

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(These WCO-recommended HTS changes, which are intended to be rate-neutral, are scheduled to take effect via proclamation on January 1, 2012; however, they can take effect no sooner than 30 days after the proclamation is published in the Federal Register).

Amendments to HTS Section IV, Chapters 16 - 24

The following are the recommended amendments to HTS Section IV (Prepared Foodstuffs; Beverages, Spirits, and Vinegar; Tobacco and Manufactured Tobacco Substitutes), covering Chapters 16-24 (see report for full descriptions/details):

Chapter 16: Preparations of Meat, of Fish or of Crustaceans, Molluscs or Other Aquatic Invertebrates

  • Subheading Note 2 would be amended by deleting the expression “fish and crustaceans” and inserting “fish, crustaceans, molluscs and other aquatic invertebrates” in lieu thereof.
  • New subheadings 1604.17.10, 1604.17.60 and 1604.17.80 would be inserted in numerical sequence.
  • Subheadings 1604.19.20, 1604.19.30, 1604.19.40, 1604.19.50, 1604.19.60 and 1604.19.80 would be renumbered as 1604.19.21, 1604.19.31, 1604.19.41, 1604.19.51, 1604.19.61 and 1604.19.81, respectively.
  • Subheadings 1604.30 through 1604.30.40 would be superseded by the following: 1604.31.00, 1604.32, 1604.32.30, and 1604.32.40.
  • Subheadings 1605.20 through 1605.20.10 would superseded by the following: 1605.21, 1605.21.05, 1605.21.10, 1605.29, 1605.29.05, and 1605.29.10.
  • Statistical Note 1 to Chapter 16 would be amended to read as follows: “For the purposes of statistical reporting numbers 1605.21.1010, 1605.21.1020, 1605.21.1050, 1605.29.1010 and 1605.29.1040, Imports of shrimp or products of shrimp are subject to the provisions of section 609 of Public Law 101-162 of November 21,1989 (16 USC 1537 Note.)”.
  • Subheadings 1605.90 through 1605.90.60 would be superseded by the following: 1605.51, 1605.51.05, 1605.51.40, 1605.51.50, 1605.52, 1605.52.05, 1605.52.60, 1605.53, 1605.53.05, 1605.53.60, 1605.54, 1605.54.05, 1605.54.60, 1605.55, 1605.55.05, 1605.55.60, 1605.56, 1605.56.05, 1605.56.10, 1605.56.15, 1605.56.20, 1605.56.30, 1605.56.60, 1605.57, 1605.57.05, 1605.57.60, 1605.58, 1605.58.05, 1605.58.55, 1605.59, 1605.59.05, 1605.59.60, 1605.61.00, 1605.62.00, 1605.63.00, and 1605.69.00.

Chapter 17: Sugars and Sugar Confectionery

  • The title, “Subheading Note”, in the notes at the beginning of Chapter 17 would be modified to read “Subheading Notes”.
  • Subheading Note 1 to Chapter 17 would be modified by deleting the expression “1701.11 and 1701.12" and inserting “1701.12, 1701.13 and 1701.14" in lieu thereof.
  • The following new Subheading Note 2 would be inserted after Subheading Note 1 to Chapter 17: "Subheading 1701.13 covers only cane sugar obtained without centrifugation, whose content of sucrose by weight, in the dry state, corresponds to a polarimeter reading of 69° or more but less than 93°. The product contains only natural anhedral microcrystals, of irregular shape, not visible to the naked eye, which are surrounded by residues of molasses and other constituents of sugar cane.”
  • Subheadings 1701.11 through 1701.11.50 would be deleted.
  • New subheadings 1701.13 through 1701.14.20 would be inserted in numerical sequence.
  • Additional U.S. Note 5(a)(i) to Chapter 17 would be modified by deleting the expression “1701.11.10" and inserting “1701.13.10 and 1701.14.10" in lieu thereof.
  • Additional U.S. Note 5(c)(A) to Chapter 17 would be modified by deleting the expression “1701.11.05, 1701.11.10, 1701.11.20, 1701.11.50" and inserting “1701.13.05, 1701.13.10, 1701.13.20, 1701.13.50, 1701.14.05, 1701.14.10, 1701.14.20, 1701.14.50" in lieu thereof.
  • Additional U.S. Note 6 to Chapter 17 would be modified (in the first and last sentences) by deleting the expression “1701.11.20" and inserting “1701.13.20 and 1701.14.20" in lieu thereof.
  • Conforming modifications to General Note 4(d)2 to the HTS would be made by (i) deleting the following subheadings and countries: 1701.11.05 (Brazil); 1701.11.10 (Argentina); 1701.11.10 (Brazil); and 1701.11.20 (Brazil); and (ii) adding: 1701.13.05 (Brazil); 1701.13.10 (Argentina); 1701.13.10 (Brazil); 1701.13.20 (Brazil); 1701.14.05 (Brazil); 1701.14.10 (Argentina); 1701.14.10 (Brazil); and 1701.14.20 (Brazil).

(Note that no changes are proposed for Chapters 18 and 19.)

Chapter 20: Preparations of Vegetables, Fruit, Nuts or Other Parts of Plants

  • Subheading 2003.20.00 would be deleted.
  • Subheading 2003.90.00 would be superseded by the following: 2003.90, 2003.90.10, and 2003.90.80.
  • Subheadings 2008.92 through 2008.92.90 would be superseded by the following: 2008.93.00, 2008.97, 2008.97.10, and 2008.97.90.
  • Subheading 2008.99.20 would be renumbered as 2008.99.21.
  • Subheadings 2009.80 through 2009.80.80 would be superseded by the following: 2009.81.00, 2009.89, 2009.89.20, 2009.89.40, 2009.89.60, and 2009.89.80.

Chapter 21: Miscellaneous Edible Preparations

  • The first sentence of Note 3 to Chapter 21 would be modified by deleting the expression “vegetables or fruit,” and inserting “vegetables, fruit or nuts,” in lieu thereof.

(Note that no changes are proposed for Chapters 22 and 23.)

Chapter 24: Tobacco and Manufactured Tobacco Substitutes

  • The following new title and Subheading Note would be inserted following Note 1 to Chapter 24: “Subheading Note: 1. For the purposes of subheading 2403.11, the expression “water pipe tobacco” means tobacco intended for smoking in a water pipe and which consists of a mixture of tobacco and glycerol, whether or not containing aromatic oils and extracts, molasses or sugar, and whether or not flavored with fruit. However, tobacco-free products intended for smoking in a water pipe are excluded from this subheading.”
  • Subheadings 2403.10 through 2403.10.90 would be superseded by the following: 2403.11, 2403.11.20, 2403.11.30, 2403.11.60, 2403.11.90, 2403.19, 2403.19.20, 2403.19.30, 2403.19.60, and 2403.19.90.
  • Additional U.S. Note 5(a) to Chapter 24 would be modified by deleting the expression “2403.10.60" and inserting “2403.11.60, 2403.19.60" in lieu thereof.

1Section 1205 directs the ITC to keep the HTS under continuous review and to recommend to the President modifications thereto, (1) when amendments to the international Convention on the Harmonized Commodity Description and Coding System (Harmonized System, International HS), and the Protocol thereto, are recommended by the World Customs Organization (WCO) for adoption; and/or (2) as other circumstances warrant.

2General Note 4(d) lists Generalized System of Preferences (GSP) country/tariff number combinations that are not eligible for GSP duty-free treatment.

(See ITT's Online Archives or 06/09/11, 06/10/11, and 06/13/11 news, 11060918, 11061006, and 11061301, for BP summaries of Part 1 (Overview), Part 2 (Chapters 1-5), and Part 3 (Chapters 6-15) of this report.

See ITT's Online Archives or 03/09/11 news, 10090315, for BP summary of the ITC announcing its investigation on proposed changes to the HTS for January 2012.)

(ITC Inv. No. 1205-7 (Final Report), dated June 2010)