ITC Posts 2021 Harmonized Tariff Schedule; Changes Took Effect Jan. 1
The International Trade Commission posted the 2021 Preliminary Edition of the Harmonized Tariff Schedule. The new HTS implements the removal of GSP benefits for many Thai products, as well as the redesignation of the Democratic Republic of the Congo as eligible for African Growth and Opportunity Act benefits, and the extension of the Caribbean Basin Trade Partnership Act until 2020. New statistical breakouts are also added for many medical products, including those used in the treatment of COVID-19, as well as for industrial turbines and hemp seed, among other goods. Changes take effect Jan. 1, 2021, unless otherwise noted.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
(Note: This report only includes changes made since the last revision to the online HTS (HTS 2020 Rev. 28). For a full list of changes since the last paper edition of the HTS was published on Jan. 1, 2020, see the change record.)
Congo Re-Added to AGOA, Given Lesser Developed Status
General Note 16(a) is amended to restore the Democratic Republic of the Congo to the list of countries eligible for African Growth and Opportunity Act benefits (see 2012230064). U.S. Note 2(d) to subchapter XIX of Chapter 98 is also modified to reflect the DRC’s status as a lesser developed beneficiary for the purposes of AGOA textile and apparel benefits.
CBTPA Extended Until 2030
General Note 17(f)(i) is amended to reflect the ten-year extension by Congress of the Caribbean Basin Trade Partnership Act until Sept. 30, 2030 (see 2010130035). The provision had previously said the program expires in 2020.
Thai Products Removed From GSP Effective Dec. 30
In the 2021 HTS, the ITC implemented the removal of Generalized System of Preferences benefits for a list of products of Thailand, as announced by a presidential proclamation issued in November (see 2011020005). SPI “A*” is added to the products on the list to reflect that they are no longer eligible for GSP when imported from any GSP beneficiary. These changes take effect Dec. 30.
Tariffs Reduced Under Deal With EU
Tariff rates on certain products including prepared meals, certain crystal glassware, cigarette lighters and lighter parts, surface preparations and propellant powders are being cut in the tariff schedule to reflect a deal reached between the U.S. and the European Union in August to expand market access for U.S. lobsters (see 2008210028). Affected subheadings and the new column 1 general rates of duty, which took effect Aug. 1, are as follows: 1604.20.05 (7%), 3214.90.50 (3.5%), 3601.00.00 (3.5%), 7013.41.50 (3%), 9613.10.00 (5%) and 9613.90.80 (5%).
Statistical Changes Affect Medical Products, Industrial Turbines, Hemp Seed
This year’s list of changes made by the interagency 484(f) committee, which comprises the ITC, CBP and the Census Bureau and can make changes at the 10-digit level that don’t affect tariff rates, includes a series of new breakouts for medical products, including monoclonal antibodies, vaccines and anti-viral drugs used to treat COVID-19. Other affected tariff provisions include hemp seed and industrial turbines.
Hemp seed. The tariff provision in Chapter 12 for hemp seeds is broken out into new 10-digit subheadings for hemp seeds for sowing (1207.99.0340) and other hemp seed (1207.99.0390).
Monoclonal antibodies. Subheading 3002.13.00 for unmixed immunological products is now broken out into new 10-digit subheading 3002.13.0010 for monoclonal antibodies, and new subheading 3002.13.0090 for other unmixed immunological products. Likewise, subheading 3002.14.00 for mixed immunological products is subdivided into new subheading 3002.14.0010 for mixed products containing monoclonal antibodies, and new subheading 3002.14.0090 for other mixed immunological products.
Vaccines. Several new breakouts are created under subheading 3002.20.00 for human vaccines. New subheading 3002.20.0020 is created for vaccines creating toxoids. Other vaccines (i.e., those not including toxoids) are further broken out into subheadings 3002.20.0040 for live-attenuated vaccines, 3002.20.0060 for inactivated vaccines, and 3002.20.0080 for other vaccines.
Anti-infective medicaments. Subheading 3003.90.01 for “other” bulk medicaments of heading 3003 is broken out into provisions for anti-infective medicaments on one hand, and “other,” other medicaments, which are now classifiable in subheading 3003.90.0190. New 10-digit subheadings for anti-infective medicaments are 3003.90.0120 for antivirals; 3003.90.0140 for antifungals; 3003.90.0060 for antiprotozoals (except for those classifiable in subheadings 3003.60 and 3004.60, as provided in subheading note 2 to Chapter 30); and 3003.90.0180 for other anti-infectives.
Likewise, the existing provision for anti-infective medicaments put up in measured doses or packed for retail sale under subheading 3004.90.92 is broken out into more detail. New subheadings are created for antivirals under 3004.90.9207; antifungals under 3004.90.9209; and antiprotozoals (except those listed in subheading note 2) under 3004.90.9211. A previously existing provision for sulfonamides is renumbered 3004.90.9213, and other anti-infectives are now found under renumbered subheading 3004.90.9214.
Ipe. Tariff subheading 4407.29.0121 for lumber of ipe (Tabebuia spp. or Handroanthus spp.) is renumbered subheading 4407.29.0120. Subheading 4407.29.0190 for “other” lumber of tropical hardwood is renumbered 4407.29.0195. Likewise, tariff subheading 4409.22.0525 for continuously shaped wood flooring of ipe is renumbered 4409.22.0520, and subheading 4409.22.0555 for other continuously shaped wood flooring of tropical wood is renumbered 4409.22.0560.
Flocked swabs. A new tariff breakout is created for flocked swabs, which are generally used for medical specimen collection. Subheading 5601.22.0050 now covers “flocked swabs, other than articles of heading 3926. Other wadding of man-made fibers (i.e, other than wadding in the piece and flocked swabs), is now classifiable in renumbered subheading 5601.22.0091.
Snowboard pants. Statistical note 4 to Chapter 62, which defines ski and snowboard pants, is changed to correct the subheading numbers listed in the note. The note now lists subheadings 6203.43.1110, 6203.43.7510, 6204.63.0910, 6204.63.7510, 6210.40.2551, 6210.40.5531, 6210.50.0531 and 6210.50.5531.
Surgical gowns. Subheading 6210.10.50 for nonwoven disposable apparel for use in hospitals, clinics, laboratories or contaminated areas is broken out into new 10-digit subheading 6210.10.5010 for surgical or isolation gowns, and subheading 6210.10.5090 for other such apparel.
Millstones, grindstones and grinding wheels. The unit of quantity for subheading 6804.22.6000, which covers “other” millstones of other agglomerated abrasives or of ceramics, is changed to kg.
Industrial turbines. A new tariff provision is added in Chapter 84 for industrial turbines, under provisions for gas turbines of a power not exceeding 5,000 kW. New subheading 8411.81.8010 covers “industrial turbines of a kind described in statistical note 1 of this chapter.” That new statistical note says that, “for the purposes of statistical reporting number 8411.81.8010, the term ‘industrial turbines’ means only gas turbines used in stationary applications, including those for the purposes of stationary power generation.” New subheading 8411.81.8090 is added for “other” non-aircraft turbines.
The other statistical notes to Chapter 84 are renumbered 2, 3 and 4. Subheading 8413.91.9065 is modified so it now refers to renumbered subheading note 2. Likewise, subheadings 8427.10.8020, 8427.10.8040, 8427.10.8070, 8427.20.8020 and 8427.90.0020 are modified so they now refer to renumbered subheading note 3.
Metal magnets. Tariff provisions for permanent magnets of metal are changed to allow for use of the second unit of quantity “kg.” The change affects subheadings 8505.11.0010, 8505.11.0030, 8505.11.0050, 8505.11.0070 and 8505.11.0090.
Safety glasses. New statistical breakout 9004.90.0010 is added for “safety glasses or safety goggles.” Subheading 9004.90.0090 is also added for “other” spectacles, goods and the like (i.e., other than sunglasses and safety glasses/goggles).
Chapter 99 Provisions on Section 301 Updated
Several paragraphs of U.S. Note 20 implementing Section 301 tariffs on products from China are updated to reflect recently issued exclusions. Also, new and extended exclusions for goods used to treat COVID-19 are added in U.S. Notes 20(ooo), (ppp), (qqq), and (rrr), as well as subheadings 9903.88.62, 9903.88.63, 9903.88.64 and 9903.88.65, respectively (see 2012230076).