Upcoming Changes to 2022 HTS: Part 6 (Stone, Ceramics, Glass and Metals)

(NOTE: Summaries of changes to other chapters will appear in upcoming issues of International Trade Today. See the annexes to the presidential proclamation, included in an International Trade Commission report, for a full list of changes. See the World Customs Organization's correlation table for a summary of changes at the six-digit level from the 2017 to the 2022 HS nomenclature, as well as short explanations of some changes. See 2201100060 for the first part of this summary, on chapters 1-14 of the tariff schedule. See 2201110039 for part two, covering chapters 15-24. See 2201130043 for part three, covering chapters 28-38. See 2201140024 for part four, covering chapters 39-49. See 2201180054 for part five, covering chapters 50-64. No direct changes are being made to chapters 25-27 or 65-67.)

Tariff Subheading on Stone Tiles and Cubes Reworded

Subheading 6802.10.00 for “tiles, cubes and similar articles” of stone is amended so it now covers such articles if “the largest face” can fit in a 7 cm square. Previously, the subheading had referred to “the largest surface area.”

Simplified Classification for Articles of Asbestos

The WCO is removing subheadings that covered articles made of asbestos and mixtures of asbestos, citing a low volume of trade. Subheadings 6812.92.00 and 6812.93.00, which had covered asbestos paper, millboard and felt and compressed asbestos fiber jointing, respectively, are deleted from the tariff schedule. Old subheading 6812.99.00 for other articles made of asbestos is also deleted, and replaced with a new subheading 6812.99 that includes subheadings 6812.99.10 for asbestos paper, millboard and felt; 6812.99.20 for compressed asbestos fiber jointing; and 6812.99.90 for other articles of asbestos.

New Separate Tariff Provisions Added for Carbon Fiber

The 2022 tariff schedule adds new tariff subheadings for carbon fiber. Old subheading 6815.10.01 for “nonelectrical articles of graphite or other carbon” is eliminated, and in its place new subheadings 6815.11 through 6815.19 are added, as follows (all duty-free):

• 6815.11.00 - Carbon fibers
• 6815.12.00 - Fabrics of carbon fibers
• 6815.13.00 - Other articles of carbon fibers
• 6815.19.00 - Other.

Subheading Expanded to Cover Articles Made From More Forms of Magnesia, Dolomite

Subheading 6815.19.40 is renamed so it now covers articles of stone or other mineral substances “containing magnesite, magnesia in the form of periclase, dolomite including in the form of dolime, or chromite.” It had previously covered articles containing “magnesite, dolomite or chromite.” The subheading is renumbered 6815.91.01 to reflect the change.

Subheading 6815.99.40, which is the residual “other” category for heading 6815, is also renumbered 6815.99.41 to account for the classification changes.

New Classification Rules Added to Chapter 69 on ‘Firing,’ ‘Shaping’ Ceramics

Note 1 to Chapter 69 is amended to clarify what is classifiable as ceramics in the chapter, in particular what is meant by firing and the materials that are shaped to form ceramics. The note now includes the same language that was previously included in the note that the chapter only applies to ceramic products fired after shaping, and that headings 6904 to 6914 apply only to products other than those classifiable in headings 6901 to 6903. Now it also includes two more paragraphs, as follows:

“(b) Articles heated to temperatures less than 800 °C for purposes such as curing of resins, accelerating hydration reactions, or for the removal of water or other volatile components, are not considered to be fired. Such articles are excluded from Chapter 69; and

“(c) Ceramic articles are obtained by firing inorganic, nonmetallic materials which have been prepared and shaped previously at, in general, room temperature. Raw materials comprise, inter alia, clays, siliceous materials including fused silica, materials with a high melting point, such as oxides, carbides, nitrides, graphite or other carbon, and in some cases binders such as refractory clays or phosphates.”

Minor Changes to Heading 6903, Including Addition of Refractory Ceramic ‘Slide Gates’

The text of heading 6903 is amended so it now specifically refers to “slide gates” among the examples listed for “other refractory ceramic goods, other than those of siliceous fossil meals or similar siliceous earths.”

Within heading 6903, subheading 6903.10.00 is amended to now refer to other refractory ceramic goods “containing by weight more than 50 percent of free carbon.” The subheading had previously covered goods “containing by weight more than 50 percent of graphite or other carbon or a mixture of these products.”

Heading 7019 for Glass Fibers, Fabrics Reorganized

The 2022 Harmonized Tariff Schedule includes major changes for heading 7019, which covers “glass fibers (including glass wool) and articles thereof (for example, yarn, rovings, woven fabrics).” The reorganization was adopted to “clarify the classification of certain articles of glass fibres based on the manufacturing process and to monitor global trade,” the WCO said.

Now, the reorganized heading 7019 is now divided into provisions for “slivers, rovings, yarn and chopped strands and mats thereof” under subheadings 7019.11 through 7019.19; mechanically bonded fabrics under subheadings 7019.61 through 7019.69; chemically bonded fabrics under subheadings 7019.71 through 7019.73; glass wool of subheadings 7019.80; and “other” glass fibers, yarn and fabrics of subheading 7019.90.11.

Chopped strands not longer than 50 mm remain classifiable in subheading 7019.11.00, as do rovings in subheading 7019.12.00.

Otherwise, the heading 7019 is almost completely reworked, with new subheadings covering the following (see pages 100-109 of the ITC report for the new heading in full):

(NOTE: references below to “fiberglass rubber reinforcing” yarns, cords, cord fabric mean articles “made from electrically nonconductive continuous fiberglass filament 9 microns in diameter to 11 microns in diameter and impregnated with resorcinol formaldehyde latex treatment for adhesion to polymeric compounds.”)

Slivers, rovings, yarn and chopped strands and mats thereof:

• 7019.13.05 - Uncolored fiberglass rubber reinforcing yarn (free)
• 7019.13.15 - Other uncolored yarn (6.5%)
• 7019.13.24 - Colored fiberglass rubber reinforcing yarn (free)
• 7019.13.28 - Other colored yarn (7%)
• 7019.13.35 - “Other” yarns and slivers (i.e., slivers) (4.2%)
• 7019.14.00 - Mechanically bonded mats (4.3%)
• 7019.15.00 - Chemically bonded mats (4.3%)
• 7019.19.30 - Chopped strands, of a length more than 50 mm (4.9%)
• 7019.19.70 - Fiberglass rubber reinforcing cord (free)
• 7019.19.91 - “other” slivers, rovings, yarn and chopped strands and mats thereof (4.2%)

Mechanically bonded fabrics:

-----Closed woven fabrics of rovings

• 7019.61.05 - Fiberglass tire cord fabric, not wider than 30 cm (free)
• 7019.61.10 - Other closed woven fabrics of rovings, not wider than 30 cm (6%)
• 7019.61.30 - Uncolored fiberglass tire cord fabric, wider than 30 cm (free)
• 7019.61.40 - Other uncolored closed woven fabrics of rovings, wider than 30 cm (7.3%)
• 7019.61.70 - Colored fiberglass tire cord fabric, wider than 30 cm (free)
• 7019.61.90 - Other colored closed woven fabrics of rovings, wider than 30 cm (7%)

-----Other closed fabrics of rovings

• 7019.62.05 - Fiberglass tire cord fabric, not wider than 30 cm (free)
• 7019.62.15 - Other non-woven closed fabrics of rovings, not wider than 30 cm (6%)
• 7019.62.30 - Uncolored fiberglass tire cord fabric, wider than 30 cm (free)
• 7019.62.40 - Other uncolored closed non-woven fabrics of rovings, wider than 30 cm (7.3%)
• 7019.62.70 - Colored fiberglass tire cord fabric, wider than 30 cm (free)
• 7019.62.90 - Other colored closed non-woven fabrics of rovings, wider than 30 cm (7%)

-----Closed woven fabrics, plain weave, of yarns, not coated or laminated

• 7019.63.05 - Fiberglass tire cord fabric, not wider than 30 cm (free)
• 7019.63.15 - Other closed woven fabrics of yarns, plain weave, not coated or laminated, not wider than 30 cm (6%)
• 7019.63.30 - Uncolored fiberglass tire cord fabric, wider than 30 cm (free)
• 7019.63.40 - Other uncolored closed woven fabrics of yarns, plain weave, not coated or laminated, wider than 30 cm (7.3%)
• 7019.63.70 - Colored fiberglass tire cord fabric, wider than 30 cm (free)
• 7019.63.90 - Other colored closed woven fabrics of yarns, plain weave, not coated or laminated, wider than 30 cm (7%)

-----Closed woven fabrics, plain weave, of yarns, coated or laminated

• 7019.64.05 - Fiberglass tire cord fabric, not wider than 30 cm (free)
• 7019.64.15 - Other closed woven fabrics of yarns, plain weave, coated or laminated, not wider than 30 cm (6%)
• 7019.64.30 - Uncolored fiberglass tire cord fabric, wider than 30 cm (free)
• 7019.64.40 - Other uncolored closed woven fabrics of yarns, plain weave, coated or laminated, wider than 30 cm (7.3%)
• 7019.64.70 - Colored fiberglass tire cord fabric, wider than 30 cm (free)
• 7019.64.90 - Other colored closed woven fabrics of yarns, plain weave, coated or laminated, wider than 30 cm (7%)

-----Open woven fabrics of a width not exceeding 30 cm:

• 7019.65.51 - Fiberglass tire cord (free)
• 7019.65.90 - Other open woven fabrics of a width not exceeding 30 cm (6%)

-----Open woven fabrics of a width exceeding 30 cm, weighing less than 250 g/m2, of filaments measuring per single yarn not more than 136 tex:

• 7019.66.30 - Uncolored fiberglass tire cord fabric, wider than 30 cm (free)
• 7019.66.40 - Other uncolored (7.3%)
• 7019.66.70 - Colored fiberglass tire cord fabric, wider than 30 cm (free)
• 7019.66.90 - Other colored (7%)

-----Other mechanically bonded fabrics

• 7019.69.30 - Uncolored fiberglass tire cord fabric, wider than 30 cm (free)
• 7019.69.40 - Other uncolored (7.3%)
• 7019.69.70 - Colored fiberglass tire cord fabric, wider than 30 cm (free)
• 7019.69.90 - Other colored (7%)

Chemically bonded fabrics:

• 7019.71.00 - Veils (thin sheets) (4.3%)

-----Other closed fabrics

• 7019.72.05 - Fiberglass tire cord fabric, not wider than 30 cm (free)
• 7019.72.15 - Other closed fabrics, chemically bonded, other than veils, not wider than 30 cm (6%)
• 7019.72.30 - Uncolored fiberglass tire cord fabric, wider than 30 cm (free)
• 7019.72.40 - Other closed fabrics, chemically bonded, other than veils, wider than 30 cm (7.3%)
• 7019.72.70 - Colored fiberglass tire cord fabric, wider than 30 cm (free)
• 7019.72.90 - Other closed fabrics, chemically bonded, other than veils, wider than 30 cm (7%)

-----Other open fabrics

• 7019.73.51 - Fiberglass tire cord (free)
• 7019.73.90 - Other open fabrics, chemically bonded, other than veils (6%)

Glass wool and articles of glass wool:

• 7019.80.10 - Insulation products (4.9%)
• 7019.80.90 - Other (4.3%)

Other:

• 7019.90.11 - Woven (4.8%)
• 7019.90.51 - Other (4.3%).

New Tariff Provisions Added for Synthetic Diamonds

The 2022 update adds new provisions to the tariff schedule to separately classify synthetic and natural diamonds. The WCO adopted the changes “as a result of the proposal by Kimberley Process to enhance the monitoring of the global trade in natural and synthetic diamonds,” it said.

New subheading for unworked, cut synthetic diamonds. Subheading 7104.20.00 for “other” unworked or simply sawn or roughly shaped synthetic precious stones (i.e., other than piezoelectric quartz) is renumbered 7104.21, and is subdivided into new subheadings 7104.21.00 for unworked synthetic diamonds, and 7104.29.00 for other unworked synthetic precious and semiprecious stones.

Likewise, new subheading 7104.91 now covers synthetic diamonds, worked but not permanently strung, mounted or set. It’s subdivided into subheadings 7104.91.10 for synthetic diamonds, cut but not set, and suitable for use in the manufacture of jewelry, and subheading 7104.91.50 for “other” worked synthetic diamonds.

Subheading 7104.90 is renumbered 7104.99, and is still subdivided into provisions for cut but not set precious and semiprecious stones (other than diamonds) (7104.99.10), and other worked precious and semiprecious stones (other than diamonds) (7104.99.50).

Definitions for Bars and Rods, Profiles, Wire, Plates and Tubes Now Cover All of Section XV

Definitions for bars and rods, profiles, wire, plates, sheets, strip and foil and tubes and pipes previously provided in notes to chapters 74, 75, 76, 78, 79, 80 and 81 are moved to the beginning of Section XV as a section note and now apply to chapters 74 through 81 of the tariff schedule.

The definitions are now found in new Note 9 to Section XV, which includes base metals and articles of base metals of Chapters 72-83, though the note specifies that it only applies for the purposes of chapters 74 to 76 and 78 to 81.

Chapter notes which previously contained the definitions, are deleted. That includes notes 1(d) to 1(h) to Chapter 74, note 1 to Chapter 75, note 1 to Chapter 76, note 1 to Chapter 78, note 1 to Chapter 79 and note 1 to Chapter 80. Subheading note 1 to Chapter 81, which previously referred to the old note 1 to Chapter 74, now refers to the new section note. Internal references at subheading note 2 to Chapter 74 and subheading note 2 to Chapter 76 also now refer to the section note. References to specific headings within each chapter are removed, but otherwise the notes are nearly identical.

Definition for Metal Waste and Scrap Clarified

Note 8(a) to Section XV of the tariff schedule on the definition of waste and scrap for the purposes of that section is revised. The amended note is broken into two paragraphs for clearer formatting. It also refers to simply “metal waste and scrap” without the previous language saying it results “from the manufacture or mechanical working of metals.”

Reorganization of Heading 7419 for ‘Other’ Articles of Copper

Changes at the six-digit level for all WCO HS Convention members result in a reorganization of heading 7419, which is the residual category for copper of Chapter 74. Due to a low volume of trade, subheading 7419.10.00 for copper chain and parts thereof is deleted from the tariff schedule. The rest of heading 7419 is reorganized as follows:

New subheading 7419.20.00 covers other articles of copper cast, molded, stamped or forged, but not further worked, which had previously been found in the now defunct 7419.91. Ten-digit subheadings that specifically provided for brass plumbing goods are deleted.

Subheading 7419.80 now replaces subheading 7419.99 for “other” other articles of copper (i.e., other than cast, molded, stamped, or forged, but not further worked). Its structure largely mirrors the old subheading, with a few provisions removed. The new subheadings are renumbered as follows:

New Subheading Created for Tantalum Crucibles

New subheading 8103.91.00 is created for crucibles made of tantalum. Subheading 8103.90.00, which covers “other” articles of tantalum (i.e., other than unwrought tantalum, tantalum powders, tantalum crucibles and tantalum waste and scrap) is renumbered 8101.99.00.

Bismuth Now Classifiable Based on Purity

Heading 8106, which previously included only a single subheading for “bismuth and articles thereof, including waste and scrap,” is divided into two subheadings. New subheading 8106.10.00 now covers bismuth and articles thereof, including waste and scrap, that contains “more than 99.99 percent of bismuth, by weight.” New subheading 8106.90.00 now covers other bismuth and articles thereof including waste and scrap.

The WCO said the change will “enhance the monitoring data on the international movement of mineral waste and scrap containing bismuth controlled under” the Basel Convention.

New Tariff Breakouts Created for Zirconium

Heading 8109 for zirconium is expanded to include new tariff breakouts throughout for zirconium “containing less than 1 part hafnium to 500 parts zirconium by weight.” Subheading 8109.20 for unwrought zirconium and powders is renumbered and broken out into new subheadings 8109.21.00 for unwrought zirconium and powders “containing less than 1 part hafnium to 500 parts zirconium by weight,” and new subheading 8109.29.00 for “other” unwrought zirconium and powders.

Likewise, old subheading 8109.30 for zirconium waste and scrap is renumbered and broken out into new subheadings 8109.31.00 for zirconium waste and scrap “containing less than 1 part hafnium to 500 parts zirconium by weight,” and new subheading 8109.39.00 for “other” zirconium waste and scrap. Old subheading 8109.90 for other zirconium is renumbered and broken out into new subheadings 8109.91.00 for other zirconium “containing less than 1 part hafnium to 500 parts zirconium by weight,” and new subheading 8109.99.00 for “other” zirconium, besides unwrought zirconium, powders and waste and scrap, with a higher hafnium content.

Cadmium Moved to Heading 8112; New Provisions Added for Hafnium, Rhenium

Several changes are made to heading 8112 of the tariff schedule, which covers a list of base metals not provided for elsewhere in the tariff schedule. Cadmium, previously classifiable in heading 8107, is moved to heading 8112 due to a low volume of trade. Cadmium is added to the list of elements in the heading description. Heading 8107 is deleted from the tariff schedule, as are subheadings 8107.20.00, 8107.30.00 and 8107.90.00.

New subheading covers cadmium. Within heading 8112, new subheadings 8112.61 through 8112.69 are added for cadmium. Subheading 8112.61.00 covers cadmium waste and scrap, duty free. Subheading 8112.69.10 covers unwrought cadmium and powders (not waste and scrap), also duty free, and new 8112.69.90 covers other cadmium (besides unwrought cadmium, cadmium powders and cadmium waste and scrap), dutiable at 4.4%.

Six-digit subheadings created for hafnium, rhenium. Previously classifiable alongside other base metals in subheading 8112.92, hafnium and rhenium are broken out into their own six-digit subheadings, with the result that waste and scrap of the two metals are now classified along with the metals themselves, rather than lumped into subheading 8112.92.06 for waste and scrap of a variety of base metals. Waste and scrap of rhenium is given its own subheading.

• New subheading 8112.31.00 covers hafnium, unwrought, waste and scrap and powders. New subheading 8112.39.00 covers other hafnium.
• New subheadings 8112.41.10 and 8112.41.50 cover rhenium waste and scrap, and unwrought rhenium and powders, respectively. New subheading 8112.49.00 covers “other” rhenium.

Old subheadings 8112.92.20 and 8112.92.50, which had previously covered hafnium and rhenium, respectively, in unwrought form or in the form of waste and scrap or powders are deleted from the tariff schedule. Existing provisions are renumbered to reflect the changes in classification. Subheading 8112.92.06 for waste and scrap of base metals of heading 8112 (except beryllium, chromium, thallium, and now hafnium and rhenium) is renumbered 8112.92.07. Subheading 8112.99.90, the residual provision for heading 8112, is renumbered 8112.99.91.