ITC Posts 2016 HTS; Changes in Chapters 50-99 Include New Sugar TRQ, Mattress and eCig Provisions

(NOTE: This is the second part of a two-part summary of the 2016 Basic Edition of the HTS, covering changes to chapters 50-99. A summary of changes to chapters 1-49 appeared in the Jan. 4 edition of International Trade Today (see 1601040020). The effective date of all of the changes listed below is Jan. 1, 2016, unless otherwise noted.)

FTA treatment for footwear and apparel. The 2016 HTS includes changes to retroactively afford duty free treatment for some subheadings under certain trade agreements. Effective Jan. 1, 2006, the special rate of duty column under subheading 6103.10.20 is amended by adding the SPI “P” to reflect duty free treatment under the U.S.-Central America-Dominican Republic Free Trade Agreement (DR-CAFTA). Similarly, SPI “PA” for Panama is added effective Oct. 31, 2012 to subheadings 6103.39.40, 6104.32.00, 6104.52.00, 6203.19.30, 6204.11.00, 6204.12.00 and 6403.99.40. Effective Jan. 1, 2004, SPI “CL” is added to subheading 6104.39.10 to afford duty free treatment to goods imported under the U.S.-Chile Free Trade Agreement, and SPI “SG” for the U.S.-Singapore FTA is added to the special rate column for subheading 6402.99.32.

Glass CRT TV parts. A statistical breakout in subheading 7011.20.8520 for front panels of CRTs with a diagonal measurement between 50 and 75 centimeters is eliminated, and the statistical breakout for “other” CRT front panels is renumbered.

Burmese rubies and jadeite. Additional U.S. note 4 to chapter 71 is amended, effective Aug. 7, 2013, to reflect the expiration of the JADE Act and the new authorization for the general prohibition on importation of Burmese jadeite and rubies under Executive Order 13651.

Iron and steel CRT TV parts. A statistical breakout in subheading 7211.23.6075 for cold-rolled iron or steel “of a kind for use in making aperture masks for cathode-ray tube video displays” is also eliminated, and the subheading for cold-rolled iron or non-alloy steel, containing less than 0.25% carbon, and not thicker than 0.25 millimeters, is renumbered as 7211.23.6090. Similarly, A statistical breakout in subheading 7225.50.8015 for “other” cold-rolled iron or steel “of a kind for use in making aperture masks for cathode-ray tube video displays” is also eliminated, and the subheading for “other” cold-rolled steel, not of high-nickel alloy steel, thinner than 4.75 millimeters, is changed to 7225.50.8080.

Ball-bearing steel. Statistical breakouts for certain kinds of hot-rolled tool steel “ball bearing steel” under subheadings 7225.30.5130 and 7225.40.1115 are eliminated, and the numbering of “other” hot-rolled subheadings is adjusted accordingly.

Stainless steel bars and rods. New statistical breakouts are added in subheadings 7222.20.0043, 7222.20.0064, 7222.20.0069 and 7222.20.0073 for “other” cold-formed or cold-finished stainless steel bars and rods, containing between 8 and 24 percent by weight of nickel. Tariff numbers for “other” cold-formed or cold-finished stainless steel bars and rods with less than 8% nickel are renumbered, and provisions in subheading 7222.30 for such bars and rods with more than 24% nickel are eliminated.

Stainless steel casing. Statistical breakouts based on wall thickness under subheading 7304.24.30 for threaded or coupled stainless steel casing with an outside diameter between 285.8 mm and 406.4mm are eliminated, with all such products consolidated under the single statistical suffix 7304.24.3045.

CRT TVs. The statistical suffixes breaking out by picture size the tariff provisions under subheading 8528.72.32 for “other” (i.e., not combined with broadcast receivers or sound recording or reproducing apparatus) color non-projection CRT TVs larger than 35.56cm are all eliminated, and replaced with the single subheading 8528.72.3200.

Flat panel TVs. New statistical suffixes are added to subheading 8528.72.64 for flat-panel TVs incorporating video recording or reproducing apparatus to break out the subheading by video display diagonal size.

LCD TVs. Similarly, subheading 8528.72.72 for flat-panel TVs not incorporating video recording or reproducing apparatus is broken out into several subheadings for LCD-type TVs depending on size, as well as a single subheading for “other, including plasma type.”

Cathode ray tubes. The 2016 HTS eliminates statistical breakouts for color, non-HD CRTs with a display diagonal of 64-67 cm (8540.11.1065), non-HD projection monochrome CRTs (8540.12.1040), and “other” cathode ray tubes 30-33 cm (8540.60.0040) and 33-36 cm (8540.60.0060), respectively.

Vaping devices. Statistical suffixes are added for personal electric or electronic vaporizing devices under subheading 8543.70.96 for “other” machines and apparatus. New subheading 8543.70.9630 covers such devices when containing nicotine, and subheading 8543.70.9640 covers them when they do not. Similar statistical breakouts are added under 8543.90.8850 and 8543.90.8860 for their parts. Statistical note 7 is added to chapter 85 to clarify that “‘personal electric or electronic vaporizing devices’ are devices that electrically heat or atomize liquids or other substances, whether or not containing nicotine, producing a vapor to be inhaled through the mouthpiece. These devices are commonly known as electronic cigarettes, ‘e-cigarettes’, ‘e-hookahs’, ‘e-pipes’, vaporizers or ‘vaping’ systems.”

Adult mattresses. New statistical breakouts are added for mattresses of various materials “of a width exceeding 91 cm, of a length exceeding 184 cm, and a depth exceeding 8 cm.” New subheading 9404.21.0013 covers such mattresses when made of cellular rubber or plastics, new subheading 9404.29.1013 includes them when made of cotton, subheading 9404.29.9087 covers them when made of other materials, and subheading 9404.29.9013 covers uncovered innerspring units of that size. Statistical suffixes are renumbered for “other” mattresses smaller than these dimensions but not for use in a crib or toddler bed.

Apparel from AGOA lesser developed beneficiaries. Subheadings 9819.15.10-9819.15.42 are added to the HTS, effective Oct. 1, 2006, for “Apparel articles of chapter 61 or 62, wholly assembled, or knit to shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries enumerated in U.S. note 2(d) to this subchapter and of a type described in U.S. note 5 to this subchapter, if entered under the terms of such note.” The duty-free subheadings include denim of subheading 5209.42.00, as well as fabric or yarn the ITC has determined is “produced in beneficiary sub-Saharan African countries in commercial quantities for use by lesser-developed beneficiary sub-Saharan African countries, and specified in a notice published in the Federal Register.” The provisions were added in a 2006 presidential proclamation, but had been omitted in subsequent versions of the HTS.

TRQ for sugars, syrups and molasses. New subheadings 9903.17.01 through 9903.18.10 are added for imports under the tariff rate quota on sugars, syrups and molasses entered, or withdrawn from warehouse for consumption, under subheadings 1701.12.10, 1701.91.10, 1701.99.10, 1702.90.10 and 2106.90.44. New additional U.S. note 15 to subchapter 3 of chapter 99 clarifies how the quota will be administered. According to the presidential proclamation that mandated the changes, the new subheadings will streamline the electronic administration of the sugar TRQ.

Israel agricultural products. Several notes to subchapter VIII of chapter 99 are amended to reflect the one-year extension of the U.S.-Israel agreement on trade in Agricultural goods by adding maximum quantities for certain goods in calendar year 2016.

Lavender and lavandin. The entries for lavender and lavandin in the alphabetical index of the HTS are both changed so that they now refer to subheading 3301.29.