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ITC's Final Report on Proposed HTS Changes for 2012 (Part 5: Ch. 25-38)

June 15, 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 5 of a series of summaries of these proposed modifications, and covers changes to Chapters 25-38.

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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 Sections V and VI, Chapters 25-38

The following are the recommended amendments to HTS Section V (Mineral Products), covering Chapters 25-27, and Section VI (Products of the Chemical or Allied Industries), covering Chapters 28-38 (see report for full descriptions/details):

Chapter 25: Salt; Sulfur; Earths and Stone; Plastering Materials, Lime and Cement

  • Heading 2528 and subheadings 2528.10.00 and 2528.90.00 would be superseded by the following: 2528, 2528.00.10, and 2528.00.90.

(Note that no changes are proposed to Chapter 26.)

Chapter 27: Mineral Fuels, Mineral Oils and Products of their Distillation; Bituminous Substances; Mineral Waxes

  • Subheading Note 4 to Chapter 27 would be modified by deleting the expression “subheading 2710.11” and inserting “subheading 2710.12” in lieu thereof.
  • The following new Subheading Note 5 to Chapter 27 would be inserted in numerical sequence: "5. For the purposes of the subheadings of heading 2710, the term “biodiesel” means mono-alkyl esters of fatty acids of a kind used as a fuel, derived from animal or vegetable fats and oils whether or not used.”
  • Subheadings 2710.11 (and the superior text thereto) through 2710.19.90 would be superseded by the following: [Petroleum oils and oils obtained...:] 2710.12, 2710.12.15, 2710.12.18, 2710.12.25, 2710.12.45, 2710.12.90, 2710.19, 2710.19.06, 2710.19.11, 2710.19.16, 2710.19.24, 2710.19.25, 2710.19.26, 2710.19.30, 2710.19.35, 2710.19.40, 2710.19.45, 2710.19.90, 2710.20, 2710.20.05, 2710.20.10, 2710.20.15, 2710.20.21, 2710.20.22, and 2710.20.23.
  • Additional U.S. Note 3 to Chapter 27 would be modified by deleting the expression “2710.11.15" and inserting “2710.12.15" in lieu thereof.
  • Additional U.S. Note 4 to Chapter 27 would be modified by (i) deleting the expression “2710.11.18 and 2710.19.22" and inserting “2710.12.18, 2710.19.25 and 2710.20.22" in lieu thereof; and (ii) deleting the expression “2710.11.25" and inserting “2710.12.25" in lieu thereof.
  • Additional U.S. Note 5 to Chapter 27 would be modified by deleting the expression “2710.11.45" and inserting “2710.12.45" in lieu thereof.

Chapter 28: Inorganic Chemicals; Organic or Inorganic Compounds of Precious Metals, of Rare-Earth Metals, of Radioactive Elements or of Isotopes

  • The following new Subheading Note 1 to Chapter 28 would be inserted, following Note 8 to that chapter: "1. For the purposes of subheading 2852.10, the expression “chemically defined” means all organic or inorganic compounds of mercury meeting the requirements of paragraphs (a) to (e) of Note 1 to Chapter 28 or paragraphs (a) to (h) of Note 1 to Chapter 29.”
  • Heading 2852 and subheadings 2852.00.10 and 2852.00.90 would be superseded by the following: 2852, 2852.10, 2852.10.10, 2852.10.90, 2852.90, 2852.90.05, and 2852.90.90.

Chapter 29: Organic Chemicals

  • The following new Note 2(e) to Chapter 29 would be inserted in numerical sequence: “(e) Immunological products of heading 3002;”
  • Present Notes 2(e) to 2(k) would be renumbered as Notes 2(f) to 2(l), respectively.
  • Subheadings 2903.41.00 through 2903.69.80 and any superior text thereto would be superseded by the following: [Halogenated derivatives of...:] 2903.71.00, 2903.72.00, 2903.73.00, 2903.74.00, 2903.75.00, 2903.76.00, 2903.77.00, 2903.78.00, 2903.79, 2903.79.10, 2903.79.90, 2903.81.00, 2903.82.00, 2903.89, 2903.89.05, 2903.89.11, 2903.89.15, 2903.89.20, 2903.89.30, 2903.89.40, 2903.89.60, 2903.89.70, 2903.91, 2903.91.10, 2903.91.20, 2903.91.30, 2903.92.00, 2903.99, 2903.99.05, 2903.99.08, 2903.99.10, 2903.99.15, 2903.99.20, 2903.99.23, 2903.99.27, 2903.99.30, and 2903.99.80.
  • New subheading 2908.92.00 would be inserted in numerical sequence.
  • Subheadings 2908.99.30 and 2908.99.35 and the superior text thereto would be superseded by the following: [Halogenated, sulfonated, nitrated...:] 2908.99.33.
  • Subheadings 2912.30 through 2912.30.50 would be deleted.
  • The superior text before subheading 2912.41.00 would be superseded by the following: “Aldehyde alcohols, aldehyde-ethers, aldehyde-phenols and aldehydes with other oxygen function:”
  • Subheading 2912.49.25 and 2912.49.50 would be renumbered as 2912.49.26 and 2912.49.51, respectively.
  • Subheadings 2914.21 through 2914.21.20 would be deleted.
  • New subheadings 2914.29.30 and 2914.29.31 would be inserted in numerical sequence.
  • New subheading 2916.16.00 would be inserted in numerical sequence.
  • Subheading 2916.36.00 would be deleted.
  • Subheadings 2916.35 through 2916.35.55 would be deleted.
  • Subheading 2916.39.20 would be renumbered as 2916.39.21.
  • Subheading 2916.39.45 would be renumbered as 2916.39.46.
  • Subheading 2916.39.76 would be superseded by the following: 2916.39.77 and 2916.39.79.
  • Subheadings 2931.00, and 2931.00.05 through 2931.00.90 would be superseded by the following: 2931, 2931.10.00, 2931.20.00, 2931.90, 2931.90.05, 2931.90.10, 2931.90.15, 2931.90.22, 2931.90.26, 2931.90.30, 2931.90.60, 2931.90.70, and 2931.90.90.
  • Subheadings 2932.21 through 2932.29.50 and the superior text thereto would be superseded by the following: 2932.20, 2932.20.05, 2932.20.10, 2932.2020, 2932.20.25, 2932.20.30, 2932.20.45, and 2932.20.50.
  • Subheadings 2937.31.00 (and the superior text thereto) through 2937.40.90 would be deleted.
  • Subheading 2937.90.00 would be superseded by the following: 2937.90, 2937.90.05, 2937.90.10, 2937.90.20, 2937.90.40, and 2937.90.90.
  • New subheading 2939.44.00 would be inserted in numerical sequence.
  • Subheading 2939.49.01 would be renumbered as 2939.49.02.

Chapter 30: Pharmaceutical Products

  • The following new Note 1(b) to Chapter 30 would be inserted in sequence: “(b) Preparations, such as tablets, chewing gum or patches (transdermal systems), intended to assist smokers to stop smoking (heading 21.06 or 38.24).”
  • Present Notes 1(b) to 1(g) would be renumbered as 1(c) to 1(h), respectively.
  • The text of Note 2 to Chapter 30 would be superseded by the following: “For the purposes of heading 3002, the expression “immunological products” applies to peptides and proteins (other than goods of heading 2937) which are directly involved in the regulation of immunological processes, such as monoclonal antibodies (MAB), antibody fragments, antibody conjugates and antibody fragment conjugates, interleukins, interferons (IFN), chemokines and certain tumor necrosis factors (TNF), growth factors (GF), hematopoietins and colony stimulating factors (CSF).”.
  • The text of heading 3002 would be superseded by the following: “Human blood; animal blood prepared for therapeutic, prophylactic or diaganostic uses; antisera, other blood fractions and immunological products, whether or not modified or obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products:”.
  • Subheading 3002.10.01 would be superseded by the following: 3002.10.02.

(Note that no modifications are proposed for Chapters 31-36.)

Chapter 37: Photographic or Cinematographic Good

  • Subheadings 3702.51.00 and 3702.52.00 would be superseded by the following: 3702.52.01.

Chapter 38: Miscellaneous Chemical Products

  • The text of Note 3(d) to Chapter 38 would be superseded by the following: “Stencil correctors, other correcting fluids and correction tapes (other than those of heading 96.12), put up in packings for retail sale; and”.
  • The following new Note 7 to Chapter 38 would be inserted in numerical sequence: “7. For the purposes of heading 38.26, the term “biodiesel” means mono-alkyl esters of fatty acids of a kind used as a fuel, derived from animal or vegetable fats and oils, whether or not used.”.
  • The text of subheading Note 1 to Chapter 38 would be superseded by the following: “Subheading 3808.50 covers only goods of heading 38.08, containing one or more of the following substances: aldrin (ISO); binapacryl (ISO); camphechlor (ISO) (toxaphene); captafol (ISO); chlordane (ISO); chlordimeform (ISO); chlorobenzilate (ISO); DDT (ISO) (clofenotane (INN), 1,1,1-trichloro-2,2-bis(pchlorophenyl)ethane); dieldrin (ISO, INN); 4,6-dinitro-o-cresol (DNOC (ISO)) or its salts; dinoseb (ISO), its salts or its esters; ethylene dibromide (ISO) (1,2-dibromoethane); ethylene dichloride (ISO) (1,2- dichloroethane); fluoroacetamide (ISO); heptachlor (ISO); hexachlorobenzene (ISO); 1,2,3,4,5,6- hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN); mercury compounds; methamidophos (ISO); monocrotophos (ISO); oxirane (ethylene oxide); parathion (ISO); parathion-methyl (ISO) (methylparathion); pentachlorophenol (ISO), its salts or its esters; phosphamidon (ISO); 2,4,5-T (ISO) (2,4,5-trichlorophenoxyacetic acid), its salts or its esters; tributyltin compounds. Subheading 3808.50 also covers dustable powder formulations containing a mixture of benomyl (ISO), carbofuran (ISO) and thiram (ISO).”
  • New subheadings 3826.00, and 3826.00.10 to 3826.00.30 would be inserted in numerical sequence.
  • Subheadings 3824.90.40 and 3824.90.45 would be renumbered as 3824.90.41 and 3824.90.48, respectively.
  • Conforming modifications to General Note 4(d)2 to the HTS would be made by (i) deleting the following subheading and countries: 3824.90.40 (Argentina) and 3824.90.40 (Indonesia); and (ii) adding the following subheadings and countries: 3824.90.41 (Argentina), 3824.90.41 (Indonesia), 3826.00.10 (Argentina), and 3826.00.10 (Indonesia).

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, 06/13/11, and 06/14/11 news, 11060918, 11061006, 11061301 and 11061411, for BP summaries of Part 1 (Overview), Part 2 (Chapters 1-5), Part 3 (Chapters 6-15), and Part 4 (Chapters 16-24) 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)