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Topic: HTSUS


  
  No. 01-1469: Heartland v. United States - Opposition
1a-21a.3 The court of appeals concluded that the agency's interpretation of the relevant provisions of the HTSUS, as expressed in HQ 961273, was reasonable and persuasive, and therefore entitled to deference under the standards of this Court's decisions in United States v.
The court noted that the phrase "foreign substances" in HTSUS subheading 1702.90.10/20 is not defined in the statute and that "Customs therefore had to interpret the term 'foreign substances' in order to classify Heartland's sugar syrup." Id. at 16a.
HTSUS subheading 1702.90.10/20 specifies that, in determining whether the sugar syrup contains "non-sugar solids * * * equal to 6 percent or less by weight of the total soluble solids," the Customs Service must first "exclud[e] any foreign substances that may have been added or developed in the product." Ibid.; see Pet.
www.usdoj.gov /osg/briefs/2002/0responses/2001-1469.resp.html   (3804 words)

  
 FR Doc 04-24326
In certain cases, an entry may be rejected if CBP should conclude that an importer seeks to enter a commodity under HTSUS subheading 9817.85.01 in numbers that are considered to be excessive in light of the purposes intended and based on the practice of the specific industry involved.
As such, the duty-free entry of the prototype under HTSUS subheading 9817.85.01 is not concerned with or conditioned upon any liability for duty that might thereafter accrue pursuant to section 1434(b) of the PDTA due to the subsequent sale of the prototype as scrap, waste, or for recycling.
CBP will convert the TIB entry under HTSUS subheading 9813.00.30 to a duty-free entry under HTSUS subheading 9817.85.01, provided that the port director is satisfied that the conditions set forth in paragraphs (f)(1)(i) and (f)(1)(ii) of this section have been met.
a257.g.akamaitech.net /7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-24326.htm   (5175 words)

  
 Medline, Industries, Inc. v. U.S.
Medline appealed this classification to the Court of International Trade, alleging that the proper classification of the drawsheets was under HTSUS 6307.90.95 as "other made up articles," dutiable at the rate of 7.0% ad valorem and not subject to any textile quota restraints.
The United States contended that the drawsheets were most properly classified under subheading 6302.31.20 of HTSUS as "bed linens," dutiable at the rate of 7.6% ad valorem and subject to textile quota restraints under textile quota category 362.
That "determination of the breadth of meaning [of a tariff term] is a conclusion of law and thus is not entitled to the deference" given to a question of fact.
www.ll.georgetown.edu /federal/judicial/fed/opinions/94opinions/94-1455.html   (1077 words)

  
 15 CFR Commerce and Foreign Trade Subtitle B [ Regulations Relating to Commerce and Foreign Trade (Continued)] CHAPTER ...
The term "instrument" also covers separable components of an instrument that are imported for assembly in the United States in such instrument where that instrument, due to its size, cannot feasibly be imported in its assembled state.
An accessory for which duty-free entry is sought under subheading 9810.00.60, HTSUS shall be the subject of a separate application when it is not an accompanying accessory.
The Commissioner shall retain one copy and return the remaining copy to the applicant stamped "Accepted for Transmittal to the Department of Commerce." The applicant shall file the stamped copy of the form with the Port when formal entry of the article is made.
ia.ita.doc.gov /sips/15cfr301.html   (6168 words)

  
 Receipt of Domestic Interested Party Petition Concerning Tariff Classification of Textile Costumes
The petitioner contends that all imported textile costumes should be classified in Chapters 61 or 62, HTSUS, asserting that textile costumes are excluded from classification under subheading 9505.90.6090, HTSUS, pursuant to Note 1(e), Chapter 95, which states that the chapter does not cover sports clothing or fancy dress, of textiles, of chapter 61 or 62.
In HQ 957318, Customs stated that it had agreed to classify as festive articles in subheading 9505.90.6090, HTSUS, costumes of a flimsy nature and construction, lacking in durability, and generally recognized as not being normal articles of apparel.
The imported costumes which are the subject of HQ 957318 are of the same class or kind of merchandise as the costumes manufactured by petitioner.
www.american.edu /projects/mandala/TED/citrule.htm   (1135 words)

  
 Mandatory 100% HTSUS Classification
Customs regulations have for many years required the Harmonized Tariff Schedule of the United States classification (HTSUS classification) to be on the shipper’s/ seller’s invoice.
Alternatively, be absolutely certain that your HTSUS classifications are on file with PBB prior to shipment, especially when shipping new product(s).
The consequences of not providing the HTSUS classifications may include long delays at the border, refused entry, and increased cost of transportation.
www.pbb.com /en/news/industry_news/mandatory_htsus_classification   (400 words)

  
 News & Events
Under current law, the president has the authority to proclaim changes to the HTSUS if Congress does not object to those changes within a 60 legislative day period.
For example, the Joint Industry Group has expressed concern that during this short period of time companies would have to reclassify much of their merchandise at the 10-digit level, update their compliance systems and re-analyze whether their goods qualify for preferential treatment under free trade agreements and other programs.
However, even this amount of time may not be sufficient given the volume of changes that will need to be incorporated.
www.mallorygroup.com /news/index.php   (1906 words)

  
 Customs Rulings Online Search System (CROSS) Document Preview   (Site not responding. Last check: 2007-09-10)
GRI 1, HTSUS, provides that classification shall be determined according to the terms of the headings and any relative Section or Chapter Notes.
In the event that the goods cannot be classified solely on the basis of GRI 1, HTSUS, and if the headings or notes do not require otherwise, the remaining GRIs 2 through 6, HTSUS, may be applied.
Under the authority of GRI 1, applied to the subheading level by GRI 6, the subject barbecue utensil set is provided in heading 8215, HTSUS, and is classified in subheading 8215.20.00, HTSUS.
rulings.cbp.gov /detail.asp?ru=963973&ac=pr   (783 words)

  
 Committee on Ways and Means, Subcommittee on Trade, Hearing Advisory
H.R. --Would amend chapter 99, subchapter II of the HTSUS by inserting a new heading 9902.37.01 for instant print film for color photography (provided for in subheading 3701.20.0030) at a temporary duty reduction from 3.7 percent to 2.4 percent.
H.R. --Would amend chapter 99, subchapter II of the HTSUS by inserting a new heading 9902.85.42 on certain cathode-ray data/graphic display tubes with a video display diagonal not exceeding 30 cm (provided for in subheading 8540.60.00) to reduce the duty from 3 percent to 2 percent.
H.R. --Would amend chapter 99, subchapter II of the HTSUS by inserting a new heading 9902.90.00 for capacitance tester and reeler for verifying and sorting capacitors by tolerance and reeling finished capacitors (provided for in subheading 9030.39.00), as temporarily duty free.
waysandmeans.house.gov /Legacy/trade/106cong/tr-15.htm   (3952 words)

  
 Harmonized Tariff Schedule to Change
The HTSUS is revised periodically to ensure that it remains relevant to changing technology.
However, because some HTSUS headings are being deleted and combined with other headings, this reclassification may result in changes in duty rates.
The affected HTSUS numbers with an explanation of the proposed changes can be found in Appendix B.
ftn.fedex.com /usbulletin/101706.htm   (451 words)

  
 Export License and Textile Visa Requirements
The invoice must have been annotated with the notation required in paragraph 4a above and the article marked in accordance with the provisions of 4b and c above, prior to importation into the US The importer will not be allowed to do this after importation.
HTSUS classifications 9811.00.60 for samples are duty-free and do not require a visa or exempt certification.
Merchandise must be reported in column thirty four of the CF-7501 by placing the symbol F as a prefix to the appropriate HTSUS item number in accordance with statistical head note (1) of section 11, HTSUS and paragraph thirty of customs directive 3550 061, dated September 18, 1992.
itintl.com /articles/Export_License_and_Textile_Visa_Requirements.php   (1959 words)

  
 Import Questions
The Harmonized Tariff Schedule of the United States (HTSUS) is a system of tariff classification in use in the United States.
The HTSUS comprises part of a uniform system of tariff classification used by major trading partners throughout the world.
The special duty rate in the HTSUS applies to those countries that the U.S. has designated as beneficiary developing countries and made eligible for Generalized System of Preferences Treatment.
www.gattiassociates.com /CM/FAQs/FAQs1235.asp   (2832 words)

  
 3.1 Tariff Classification and the HTSUS (tdctrade.com)
If you already know the HTSUS subheading, or code number, for your product, go to the chapter number that is the first two digits of the subheading.
Example 1: For caviar, which is classified under HTSUS subheading 1604.30.20, go to chapter 16.
The HTSUS is available from the Government Printing Office (GPO) in hardcopy form (to order, go to http://bookstore.gpo.gov) or online at the USITC's Tariff Information Center (www.usitc.gov/tata/hts/other/dataweb/).
www.tdctrade.com /usguide/3-1.htm   (353 words)

  
 Steptoe & Johnson LLP: Customs Law Advisory - Court Decision Provides Guidance to Importers for Classification of ...
These are: (1) merchandise that is “not specified or included elsewhere” in any other HTSUS provision, and (2) merchandise that qualifies as “part” of another product.
Fuji America argued that the chip placers should be classified under HTS heading 8428 as “Other lifting, handling, loading or unloading machinery”, because the primary function of the chip placers is to lift and handle electronic components as part of placing them on the blank printed circuit board.
In order to determine whether the good was specified or included in some provision of the HTSUS, the CIT explained that it would examine the “primary function” of the chip placer and would consider the function within the entire process of making printed circuit assemblies.
www.steptoe.com /publications-3537.html   (811 words)

  
 Proposed HTS Changes - January 1 2007
The proposed modifications contain several hundred amendments that include 83 chapters and 240 headings of the HTSUS.  Many current HS headings and subheadings are being deleted, added, broken up, or merged into new tariff headings.
The proposed classification amendments to the HTSUS will not impact an item’s duty rate.  However, the changes may affect an item’s eligibility for preferential treatment under the various U.S. Free Trade Agreements that are based in large part on tariff shift.
Modifications to the HTSUS will be implemented at the 8-digit level and typically carry over from the old system to the new system at the 10-digit level.
www.pbb.com /en/news/industry_news/proposed-htsus-changes/index.html   (287 words)

  
 [No title]
In NY F847274, Customs held that the barbecue utensil set was classifiable in subheading 8205.51.3030, HTSUS, which provides for other household tools, and parts thereof, of iron or steel.
LAW AND ANALYSIS: Merchandise is classifiable under the Harmonized Tariff Statute of the United Sates (HTSUS) in accordance with the General Rules of Interpretation (GRIs).
US, 18 CIT 919 (1994)(holding trunk organizers classifiable in heading 4204, HTSUS, as “similar containers” by application of ejusdem generis although they were not described eo nomine by any of the exemplars.) Each of the barbecue utensils is classifiable in heading 8215, HTSUS, at GRI 1.
rulings.cbp.gov /HQ/2000/963973.DOC   (1573 words)

  
 General Importing Issues
Thus, the importer who improperly classifies mechanical pencil sharpeners under HTSUS subheading 8214.10.000 is at a competitive disadvantage with his domestic competitors and with other importers who classify their mechanical pencil sharpeners under HTSUS subheading 8472.90.4000.
Under HTSUS subheading 9802.00.80, importers may reduce the amount of duties paid on imported articles which are assembled abroad with components produced in the United States.
If a party meets the requirements of HTSUS subheading 9802.00.80, the duty amount will be based upon the full value of the imported article less the cost or value of the U.S. components.
www.sonnander.com /news.html   (6361 words)

  
 May 2001 Article
For each ingredient that U.S. Customs could have possibly considered classifiable in Chapter 21, HTSUS, we had to inquire with the supplier as to whether it was a NAFTA originating good.
Specifically, injection molding machinery components may be subject to varying tariff classifications that directly impact the NAFTA eligibility of the injection molding machines into which they are incorporated.
Injection molding machines for processing thermoplastics are classifiable in HTSUS 8477.10.90, the NAFTA rule of origin applicable to this classification allows such machines manufactured in the NAFTA territory to qualify for preferential treatment, even if manufactured with some parts that originated outside the NAFTA territory, provided the non-NAFTA parts are not classifiable in certain provisions.
www.twin-plant-news.com /issues/feb02/CustomsReport.htm   (1454 words)

  
 International Trade Law News
The U.S. International Trade Commission (ITC), which oversees the Harmonized Tariff Schedule of the United States (HTSUS), is expected to release the 2007 version of the HTSUS in the near future.
In the meantime, U.S. importers are encouraged to review the ITC's final report on the proposed amendments to the HTSUS (Publication 3851) to see how particular HTSUS numbers will be affected.
In addition to the changes in numerous HTSUS headings and subheadings, the changes will include revisions to the Rules of Origin set forth in NAFTA and other trade agreements.
djacobsonlaw.com /2006/11/european-union-issues-2007-version-of.html   (528 words)

  
 Miller & Company P.C. What's New
The ITC is currently preparing a Presidential Proclamation to include the WCO 2007 HTSUS modifications, conforming classifications, and updates to the Rules of Origin for the Australia and Singapore Free Trade Agreements.
Therefore, we understand that when FTZ merchandise in privileged foreign status is withdrawn from the FTZ for Customs entry, the HTSUS classification that was in effect at the time privileged foreign status was claimed should be declared.
Effective immediately, carriers who use ACE e-manifest to transmit in-bond movements to Customs will not be required to provide a paper CBPF 7512 at the time of arrival into the U.S. or at the destination port if certain information is provided on the e-manifest cover sheet.
www.millerco.com /mainpages/whatsnew.htm   (2215 words)

  
 Employment & Labor Law Professional Information Center: Trade Court Says DOL Failed to Show Information Technology ...
The trade court faulted DOL for relying on the Harmonized Tariff Schedule of the United States--a classification of commodities used in the international trade and customs industries--when deciding whether computer applications are an "article" for purposes of TAA coverage.
Finding that the court did not need to give deference to the department's interpretation of the guidelines, Barzilay said the analysis of whether computer applications were an "article" still was flawed--even under the HTSUS--and that DOL's denial of benefits was not supported.
"[U]nder the HTSUS, the recording of a program on a carrier medium results in a new article as evinced by a shift in tariff," Barzilay said, explaining that putting a computer program on a disc could be an article.
emlawcenter.bna.com /pic2/em.nsf/id/BNAP-67RV6K?OpenDocument   (849 words)

  
 Public Policy | Comments Submitted | Comments on Section 516 Petition, “Receipt of Section 516 Petition Concerning ...
Even had the Petition included a prima facie argument for classification of the subject products in subheading 0404.90.3000, HTSUS, Customs would be required to reject such an argument as contrary to established tariff classification law.
Subheading 0404.90.3000, HTSUS (and its corresponding ex-quota provision, subheading 0404.90.5000, HTSUS) are not a permissible classification for the subject products.
Accordingly, the products under consideration are properly classified as "milk protein concentrates" in subheading 0404.90.1000, HTSUS, subject to MFN duty at 0.37 cents per kilogram or, in the alternative, as "milk protein concentrates" in subheading 3501.10.1000, HTSUS.
www.gmabrands.com /publicpolicy/docs/Comment.cfm?DocID=1036   (3233 words)

  
 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
In so holding, the court determined that the merchandise was not plywood because the slats used to construct the core layer "do not form a continuous surface or expanse." Id. at 1361.
Boen does not challenge the court's refusal to classify the merchandise under heading 4409, HTSUS.
The top layer of the flooring is composed of oak, maple, birch, beech, ash, cherry, merbau, angelique or mutenye, all of which are hardwoods.
caselaw.lp.findlaw.com /cgi-bin/getcase.pl?court=Fed&navby=case&no=031287   (1598 words)

  
 The Spotlight Issue 526, September 18, 2006: Proposed Modifications to the Harmonized Tariff Schedule to Take Effect on ...
These changes to the HTSUS are scheduled to become effective January 1, 2007 and will update the current HTSUS to reflect the World Customs Organization (WCO) recommended HTS modifications.
The USITC issues a document listing the proposed changes to be made to the HTSUS and, after a comment period for review, changes are made.
In many cases, entire headings (four digits) and subheadings (six digits), which are common to all countries using the Harmonize Tariff are being added, eliminated, merged or separated into new tariff headings.
www.us.danzas.com /worldwide/northamerica/resource/526.html   (502 words)

  
 Garvey Schubert Barer | Resource Center
Classification means how the imported goods are described in HTSUS (the Harmonized Tariff Schedule of the United States).
For example, for years lavatory modules for use in commercial aircraft were imported by commercial aircraft manufacturers as HTSUS 8803.30.00104 (other parts of airplanes).
The result was an increase in duty from duty free to a duty of 5.7 per cent.
www.gsblaw.com /resource/pub_result.asp?ID=16273211302000   (4339 words)

  
 The Spotlight Issue 289, January 25, 2001: Pumps and Motors and Jigs, Oh My! How Do I Classify Machine Tool Parts?
Classifying parts usually requires choosing between one or more HTSUS subheadings that describe the part itself, or other subheadings that cover parts or parts and accessories of another article.
Certain types of parts are excluded from classification in that heading by the section and chapter notes in the HTSUS.
Also excluded from classification under 8466 is any part meeting the HTSUS definition of a part of general use.
www.us.danzas.com /worldwide/northamerica/resource/289.html   (366 words)

  
 19 CFR PART 10   (Site not responding. Last check: 2007-09-10)
The rate of duty which is assessed upon the dutiable portion of the imported article is that which is applicable to the imported article as a whole under the appropriate provision of the HTSUS (19 U.S.C.) for such article.
Such a commercial traveler or nonresident shall be required to file a formal entry under subheading 9813.00.20 or subheading 9813.00.50, HTSUS with a bond supported by a surety or cash deposit in lieu of surety.
A completed reexportation counterfoil on a carnet establishes that the articles covered by the carnet have been exported, and no claim shall be brought against the guaranteeing association under the carnet for failure to export, except under the provisions of §114.26 of this chapter.
www.washingtonwatchdog.org /documents/cfr/title19/part10.html   (9578 words)

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