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The list of an additional 25 percent ad valorem duty on products of China

Author: From: Roma Diamond Tools Time: 2018-09-04 10:22:14 Hits: 3189

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[Billing Code 3290-F8]
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Docket Number USTR-2018-0026
Request for Comments Concerning Proposed Modification of Action Pursuant to Section
301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual
Property, and Innovation
AGENCY: Office of the United States Trade Representative.
ACTION: Request for comments and notice of public hearing.
________________________________________________________________________
SUMMARY: On June 20, 2018 (83 FR 28710), the U.S. Trade Representative (Trade
Representative) provided notice of an initial action in the Section 301 investigation of the acts,
policies, and practices of the Government of China related to technology transfer, intellectual
property, and innovation. The initial action was the imposition of an additional 25 percent
ad valorem duty on products of China with an annual trade value of approximately $34 billion,
effective July 6, 2018. The June 20 notice also sought public comment on another proposed
action, in the form of an additional 25 percent ad valorem duty on products of China with an
annual trade value of approximately $16 billion. The public comment process in connection with
the proposed additional action is ongoing. On July 6, 2018, China responded to the initial action
by imposing increased duties on goods of the United States. In light of China’s decision to
respond to the investigation by imposing duties on U.S. goods, the Trade Representative
proposes a modification of the action taken in this investigation. The proposed modification is to
maintain the original $34 billion action and the proposed $16 billion action, and to take further
action in the form of an additional 10 percent ad valorem duty on products of China with an
2
annual trade value of approximately $200 billion. The products subject to this proposed
supplemental action are classified in the HTSUS subheadings set out in the Annex to this notice.
The Office of the U.S. Trade Representative (USTR) is seeking public comment and will hold a
public hearing regarding this proposed modification of the action in the investigation.
DATES: To be assured of consideration, you must submit comments and responses in
accordance with the following schedule:
July 27, 2018: Due date for filing requests to appear and a summary of expected testimony at the
public hearing, and for filing pre-hearing submissions.
August 17, 2018: Due date for submission of written comments.
August 20-23, 2018: The Section 301 Committee will convene a public hearing in the main
hearing room of the U.S. International Trade Commission, 500 E Street SW, Washington DC,
20436 beginning at 9:30 am.
August 30, 2018: Due date for submission of post-hearing rebuttal comments.
ADDRESSES: USTR strongly prefers electronic submissions made through the Federal
eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting
comments in sections D and F below. The docket number is USTR-2018-0026.
FOR FURTHER INFORMATION CONTACT: For questions about the ongoing
investigation or proposed action, contact Arthur Tsao, Assistant General Counsel, or Justin
Hoffmann, Director of Industrial Goods, at (202) 395-5725. For questions on customs
3
classification of products identified in the Annex to this notice, contact
Traderemedy@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
A.  Background
On August 18, 2017, USTR initiated an investigation into certain acts, policies, and
practices of the Government of China related to technology transfer, intellectual property, and
innovation (82 FR 40213).
In a notice published on April 6, 2018 (83 FR 14906), the Trade Representative
announced a determination that the acts, policies, and practices of the Government of China
covered in the investigation are unreasonable or discriminatory and burden or restrict U.S.
commerce. The April 6 notice also invited public comment on a proposed action in the
investigation, in the form of an additional 25 percent ad valorem duty on products from China
classified in a list of 1,333 tariff subheadings, with an annual trade value of approximately $50
billion. As explained in the notice, the level was appropriate both in light of the estimated harm
to the U.S. economy, and to obtain elimination of China's harmful acts, policies, and practices.
The public comment process included two opportunities for the submission of written
comments, and the opportunity to participate in a public hearing. USTR received thousands of
submissions, and held a 3 day public hearing with more than 100 witnesses. The public versions
of submissions and a transcript of the hearing are available on www.regulations.gov in docket
number USTR-2018-0005.
USTR and the interagency Section 301 Committee carefully reviewed the public
comments and the testimony from the public hearing. USTR and the Section 301 Committee also
4
carefully reviewed the extent to which the tariff subheadings in the April 6, 2018 notice include
products containing industrially significant technology, including technologies and products
related to China’s “Made in China 2025” industrial policy program.
Based on this review process, the Trade Representative determined to take an initial
action in the investigation, and to consider an additional proposed action. The Trade
Representative announced the determination on June 15, 2018, and published a notice on June
20, 2018 (83 FR 28710). The Trade Representative narrowed the proposed list in the April 6
notice to 818 tariff subheadings, with an approximate annual trade value of $34 billion. This
initial action became effective on July 6, 2018. The additional proposed action is an additional
ad valorem duty of 25 percent on products of China classified in 284 tariff subheadings, with an
annual trade value of approximately $16 billion. The June 20 notice explained that including
these tariff subheadings in the Section 301 action would maintain the effectiveness of a $50
billion trade action. The public comment process in connection with the proposed additional
action is ongoing.
B.  China’s Response to the Action in the Investigation
The Government of China has chosen to respond to the initial U.S. action in the
investigation by imposing retaliatory tariffs on U.S. goods, instead of addressing U.S. concerns
with the unfair practices found in the investigation. On Friday, June 15, 2018, the day that the
Trade Representative announced the initial action in the investigation, China issued a statement
saying that it was imposing equivalent tariff measures on U.S. goods.
On Saturday, June 16, 2018, the Government of China specified that it would impose an
additional 25 percent tariff on U.S. goods with a value of $50 billion (State Council Customs
5
Tariff Commission 2018 Public Notice No. 5). China’s announcement sets out two lists. The first
list contains 545 tariff subheadings that supposedly corresponds to the initial U.S. $34 billion
action, and had an effective date of July 6, 2018. The second list contains 114 tariff subheadings
that supposedly corresponds to the additional proposed $16 billion U.S. action, and will be
effective on a date to be determined.
On Monday, June 18, 2018, the President issued a statement in response to China’s
announcement that it was imposing retaliatory tariffs on U.S. goods. See
https://www.whitehouse.gov/briefings-statements/statement-president-regarding-trade-china-2/.
The statement “directed the United States Trade Representative to identify $200 billion worth of
Chinese goods for additional tariffs at a rate of 10 percent. After the legal process is complete,
these tariffs will go into effect if China refuses to change its practices, and also if it insists on
going forward with the new tariffs that it has recently announced.”
On July 6, 2018, the day the initial $34 billion action in the investigation became effective,
the Government of China confirmed that it is going forward with the new tariffs it announced on
June 16. China also has not changed the acts, policies, and practices identified in the
investigation.
C.  Proposed Supplemental Action
Section 301(b) of the Trade Act of 1974, as amended (Trade Act) provides that “the
Trade Representative shall take all appropriate and feasible action authorized under [Section
301(c)], subject to the specific direction, if any, of the President regarding any such action . . . to
obtain the elimination of [the] act, policy, or practice” covered in the investigation. Section 307
of the Trade Act provides that “The Trade Representative may modify or terminate any action,
6
subject to the specific direction, if any, of the President with respect to such action, that is being
taken under [Section 301] if . . . such action is being taken under section 301(b) of this title and
is no longer appropriate.” In light of China’s response to the $50 billion action announced in the
investigation and its refusal to change its acts, policies, and practices, it has become apparent that
U.S. action at this level is not sufficient to obtain the elimination of China’s acts, policies, and
practices covered in the investigation. Accordingly, the Trade Representative is proposing to
modify the action in this investigation by maintaining the original $34 billion action and the
proposed $16 billion action, and by taking a further, supplemental action. The Trade
Representative proposes an additional 10 percent ad valorem duty on products of China covered
in the attached list of 6,031 tariff subheadings. The attached list has an annual trade value of
approximately $200 billion.
Modification of the action in this investigation by taking a supplemental $200 billion
action is appropriate in light of the statutory goal of obtaining the elimination of the acts,
policies, and practices covered in the investigation. China has shown that it will not respond to
action at a $50 billion level by addressing U.S. concerns with China’s acts, policies, and
practices involving technology transfer, intellectual property, and innovation. Rather, China is
responding to action at a $50 billion level by imposing retaliatory duties.
Supplemental action at a $200 billion level is in accord with the President’s direction. In
addition, action at this level is appropriate in light of the level of China’s announced retaliatory
action ($50 billion) and the level of Chinese goods imported into the United States ($505 billion
in 2017). China’s retaliatory action covers a substantial percentage of U.S. goods exported to
China ($130 billion in 2017). In order to enhance effectiveness, the level of the U.S.
supplemental action must cover a substantial percentage of Chinese imports.
7
In developing the list of tariff subheadings included in this proposed supplemental action,
trade analysts considered products from across all sectors of the Chinese economy. The tariff
subheadings considered by the analysts included subheadings that commenters suggested for
inclusion in response to the April 6 notice. The selection process took account of likely impacts
on U.S. consumers, and involved the removal of subheadings identified by analysts as likely to
cause disruptions to the U.S. economy, as well as tariff lines subject to legal or administrative
constraints.
To ensure the effectiveness of the action, any merchandise subject to the increased tariffs
admitted into a U.S. foreign trade zone on or after the effective date of the increased tariffs,
except those eligible for admission under “domestic status” as defined in 19 CFR 146.43, would
have to be admitted as “privileged foreign status” as defined in 19 CFR 146.41, and would be
subject upon entry for consumption to the additional duty.
D.  Request for Public Comments
In accordance with section 304(b) of the Trade Act (19 U.S.C. 2414(b)), USTR invites
comments from interested persons with respect to the proposed supplemental action to be taken
in the investigation. To be assured of consideration, you must submit written comments by
August 17, 2018, and post-hearing rebuttal comments by August 30, 2018.
USTR requests comments with respect to any aspect of the proposed supplemental
action, including:
 The specific tariff subheadings to be subject to increased duties, including whether the
subheadings listed in the Annex should be retained or removed, or whether subheadings not
currently on the list should be added.
8
 The level of the increase, if any, in the rate of duty.
 The appropriate aggregate level of trade to be covered by additional duties.
In commenting on the inclusion or removal of particular tariff subheadings listed in the Annex,
USTR requests that commenters address specifically whether imposing increased duties on a
particular product would be practicable or effective to obtain the elimination of China’s acts,
policies, and practices, and whether maintaining or imposing additional duties on a particular
product would cause disproportionate economic harm to U.S. interests, including small- or
medium-size businesses and consumers.
E.  Hearing Participation
The Section 301 Committee will convene a public hearing in the main hearing room of
the U.S. International Trade Commission, 500 E Street SW, Washington DC, 20436, beginning
at 9:30 am on August 20, 2018. You must submit requests to appear at the hearing by July 27,
2018. The request to appear must include a summary of testimony, and may be accompanied by
a pre-hearing submission. Remarks at the hearing may be no longer than five minutes to allow
for possible questions from the Section 301 Committee.
All requests to appear at the hearing must be in English and sent electronically via
www.regulations.gov. To submit a request to appear at the hearing via www.regulations.gov,
enter docket number USTR-2018-0026 on the home page and click “search”. The site will
provide a search-results page listing all documents associated with this docket. Find a reference
to this notice and click on the link titled “comment now!”. In the “comment” field, include the
name, address, email address, and telephone number of the person presenting the testimony.
Attach a summary of the proposed testimony, and a pre-hearing submission if provided, by using
9
the “upload file” field. The file name should include both the name of the person who will be
presenting testimony and the entity they represent. In addition, please submit a request to appear
and a PDF of the summary of proposed testimony by email to 301investigation@ustr.eop.gov. In
the subject line of the email, please include the name of the person who will be presenting
testimony, followed by “request to appear”. Please also include the name, address, email address,
and telephone number of the person presenting testimony in the body of the email message.
F.  Procedures for Written Submissions
All submissions must be in English and sent electronically via www.regulations.gov. To
submit comments via www.regulations.gov, enter docket number USTR-2018-0026 on the home
page and click “search.” The site will provide a search-results page listing all documents
associated with this docket. Find a reference to this notice and click on the link entitled
“comment now!” For further information on using the www.regulations.gov website, please
consult the resources provided on the website by clicking on “How to Use Regulations.gov” on
the bottom of the home page. We will not accept hand-delivered submissions.
The www.regulations.gov website allows users to submit comments by filling in a
“comment” field or by attaching a document using an “upload file” field. USTR prefers that you
submit comments in an attached document. If you attach a document, it is sufficient to type “see
attached” in the “comment” field. USTR prefers submissions in Microsoft Word (.doc) or
searchable Adobe Acrobat (.pdf). If you use an application other than those two, please indicate
the name of the application in the “comment” field.
File names should reflect the name of the person or entity submitting the comments. Please do
not attach separate cover letters to electronic submissions; rather, include any information that
10
might appear in a cover letter in the comments themselves. Similarly, to the extent possible,
please include any exhibits, annexes, or other attachments in the same file as the comment itself,
rather than submitting them as separate files.
For any comments submitted electronically that contain business confidential
information, the file name of the business confidential version should begin with the characters
“BC”. Any page containing business confidential information must be clearly marked
“BUSINESS CONFIDENTIAL” on the top of that page and the submission should clearly
indicate, via brackets, highlighting, or other means, the specific information that is business
confidential. If you request business confidential treatment, you must certify in writing that
disclosure of the information would endanger trade secrets or profitability, and that the
information would not customarily be released to the public. Filers of submissions containing
business confidential information also must submit a public version of their comments. The file
name of the public version should begin with the character “P”. The “BC” and “P” should be
followed by the name of the person or entity submitting the comments or rebuttal comments. If
these procedures are not sufficient to protect business confidential information or otherwise
protect business interests, please contact the USTR Tech Transfer Section 301 line at (202) 395-
5725 to discuss whether alternative arrangements are possible.
USTR will post submissions in the docket for public inspection, except business
confidential information. You can view submissions on the https://www.regulations.gov website
by entering docket number USTR-2018-0026 in the search field on the home page.
Robert E. Lighthizer
United States Trade Representative.
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ANNEX
Note: All products that are classified in the 8-digit subheadings of the Harmonized Tariff Schedule of the
United States (HTSUS) that are listed in this Annex are covered by the proposed supplemental action.
The product descriptions that are contained in this Annex are provided for informational purposes only,
and are not intended to delimit in any way the scope of the proposed action. Any questions regarding
the scope of particular HTSUS subheadings should be referred to U.S. Customs and Border Protection. In
the product descriptions, the abbreviation "nesoi" means "not elsewhere specified or included".
HTSUS
Subheading
Product Description
0203.29.20  Frozen retail cuts of meat of swine, nesoi
0203.29.40  Frozen meat of swine, other than retail cuts, nesoi
0206.10.00  Edible offal of bovine animals, fresh or chilled
0208.10.00  Meat and edible meat offal of rabbits or hares, fresh, chilled or frozen
0208.90.20  Meat and edible offal of deer, fresh, chilled or frozen
0208.90.25  Frog legs, fresh, chilled or frozen
0210.19.00  Meat of swine other than hams, shoulders, bellies (streaky) and cuts thereof, salted, in
brine, dried or smoked
0301.11.00  Live ornamental freshwater fish
0301.19.00  Live ornamental fish, other than freshwater
0301.91.00  Live trout
0301.92.00  Live eels
0301.93.02  Live carp
0301.94.01  Other live Fish, Atlantic & Pacific Bluefin Tunas
0301.95.00  Other live Fish, Southern Bluefin Tunas
0301.99.03  Live Tench (Tinca Tinca), sheatfish (Silurus Glanis), bighead carp (Aristichthys Nobilis)
and other fish, nesoi
0302.11.00  Trout, fresh or chilled, excluding fillets, other meat portions, livers and roes
0302.13.00  Pacific salmon, fresh or chilled, excluding fillets, other meat portions, livers and roes
0302.14.00  Atlantic and Danube salmon, fresh or chilled, excluding fillets, other meat portions,
livers and roes
0302.19.00  Salmonidae other than trout or Pacific, Atlantic & Danube salmon, fresh or chilled,
excluding fillets, other meat portions, livers & roes
0302.21.00  Halibut and Greenland turbot, fresh or chilled, excluding fillets, other meat portions,
livers and roes
0302.22.00  Plaice, fresh or chilled, excluding fillets, other meat portions, livers and roes
0302.23.00  Sole, fresh or chilled, excluding fillets, other meat portions, livers and roes
0302.24.00  Turbots
0302.29.01  Flat fish, nesoi, fresh or chilled, excluding fillets, other meat portions, livers and roes
0302.31.00  Albacore or longfinned tunas, fresh or chilled, excluding fillets, other meat portions,
livers and roes
0302.32.00  Yellowfin tunas, fresh or chilled, excluding fillets, other meat portions, livers and roes
0302.33.00  Skipjack or stripe-bellied bonito, fresh or chilled, excluding fillets, other meat portions,
livers and roes
12
HTSUS
Subheading
Product Description
0302.34.00  Bigeye tunas (Thunnas obesus), fresh or chilled, excluding fillets, other meat portions,
livers and roes
0302.35.01  Atlantic & Pacific bluefin tunas, fresh or chilled, excluding fillets, other meat portions,
livers and roes
0302.36.00  Southern bluefin tunas (Thunnas maccoyii), fresh or chilled, excluding fillets, other meat
portions, livers and roes
0302.39.02  Tunas not elsewhere specified or included, fresh or chilled, excluding fillets, other meat
portions, livers and roes
0302.41.00  Herrings, fresh or chilled, excluding fillets, other meat portions, livers and roes
0302.42.00  Anchovies, excl. fillets, livers & roes, fresh or chilled, scaled, in immediate containers
weighing with their contents <6.8 kg
0302.43.00  Sardines, sardinella, brisling or sprats, fresh or chilled, excluding fillets, other meat
portions, livers and roes
0302.44.00  Mackerel, excl. fillets, livers & roes, fresh or chilled
0302.45.11  Jack & horse mackerel, excl. fillets, livers & roes, fresh or chilled, scaled, in immediate
containers weighing with their contents <6.8 kg
0302.45.50  Jack & horse mackerel excl. fillets, livers & roes, fresh or chilled, not scaled, or scaled in
immediate containers > 6.8 kg
0302.46.11  Cobia, excl. fillets, livers and roes, fresh or chilled, scaled, in immediate containers
weighing with their contents 6.8 kg or less
0302.46.50  Cobia, excl. fillets, livers & roes, fresh or chilled, not scaled, or scaled in immediate
containers over 6.8 kg
0302.47.00  Swordfish, fresh or chilled, excluding livers and roes
0302.49.00  Herrings, anchovies, sardines, nesoi
0302.51.00  Cod, fresh or chilled, excluding fillets, other meat portions, livers and roes
0302.52.00  Haddock, fresh or chilled, excluding fillets, other meat portions, livers and roes
0302.53.00  Coalfish, fresh or chilled, excluding fillets, other meat portions, livers and roes
0302.54.11  Hake, excl. fillets, livers and roes, fresh or chilled, scaled, in immediate containers
weighing with their contents 6.8 kg or less
0302.54.50  Hake,excl. fillets, livers & roes, fresh or chilled, not scaled, or scaled in immediate
containers over 6.8 kg
0302.55.11  Alaska pollack, excl. fillets, livers,roes, fresh or chilled, scaled, in immediate containers
weighing with their contents< 6.8 kg
0302.55.50  Alaska pollack excl. fillets, livers & roes, fresh or chilled, not scaled, or scaled in
immediate containers over 6.8 kg
0302.56.11  Blue whitings, excl. fillets, livers & roes, fresh or chilled, scaled, in immediate containers
weighing with their contents <6.8 kg
0302.56.50  Blue whitings, excl. fillets, livers & roes, fresh or chilled, not scaled, or scaled in
immediate containers over 6.8 kg
0302.59.11  Bregmacerotidae et al fish, nesoi, excl. fillets, livers and roes, fresh or chilled, scaled, in
immediate containers weighing < 6.8 kg
0302.59.50  Bregmacerotidae fish, etc. excl. fillets, livers & roes, fresh or chilled, not scaled, or
scaled in immediate containers > 6.8 kg
0302.71.11  Tilapias, excl. fillets, livers and roes, fresh or chilled, scaled, in immediate containers
weighing with their contents <6.8 kg
13
HTSUS
Subheading
Product Description
0302.71.50  Tilapias, excl. fillets, livers & roes, fresh or chilled, not scaled, or scaled in immediate
containers over 6.8 kg
0302.72.11  Catfish, excl. fillets, livers and roes, fresh or chilled, scaled, in immediate containers
weighing with their contents 6.8 kg or less
0302.72.50  Catfish excl. fillets, livers & roes, fresh or chilled, not scaled, or scaled in immediate
containers over 6.8 kg
0302.73.11  Carp, excl. fillets, livers and roes, fresh or chilled, scaled, in immediate containers
weighing with their contents 6.8 kg or less
0302.73.50  Carp excl. fillets, livers & roes, fresh or chilled, not scaled, or scaled in immediate
containers over 6.8 kg
0302.74.00  Eels, fresh or chilled, excluding fillets, other meat portions, livers and roes
0302.79.11  Fish beginning 0302.7, nesoi, excl. fillets, livers and roes, fresh or chilled, scaled, in
immediate containers < 6.8 kg
0302.79.50  Fish beginning 0302.7, nesoi, excl. fillets, livers & roes, fresh or chilled,not scaled,or
scaled in containers>6.8 kg
0302.81.00  Dogfish and other sharks, fresh or chilled, excluding fillets, livers, roes and fish meat of
0304
0302.82.00  Rays & skates, excl. fillets, livers & roes, fresh or chilled, not scaled, or scaled in
immediate containers over 6.8 kg
0302.83.00  Toothfish excl. fillets, livers & roes, fresh or chilled, not scaled, or scaled in immediate
containers over 6.8 kg
0302.84.11  Seabass, excl. fillets, livers and roes, fresh or chilled, scaled, in immediate containers
weighing with their contents 6.8 kg or less
0302.84.50  Seabass, excl. fillets, livers & roes, fresh or chilled, not scaled, or scaled in immediate
containers over 6.8 kg
0302.85.11  Seabream, excl. fillets, livers and roes, fresh or chilled, scaled, in immediate containers
weighing with their contents 6.8 kg or less
0302.85.50  Seabream, excl. fillets, livers & roes, fresh or chilled, not scaled, or scaled in immediate
containers over 6.8 kg
0302.89.11  Fish, nesoi, excl. fillets, livers and roes, fresh or chilled, scaled, in immediate containers
weighing with their contents 6.8 kg or less
0302.89.50  Fish, nesoi, excl. fillets, livers & roes, fresh or chilled, not scaled, or scaled in immediate
containers over 6.8 kg
0302.91.20  Sturgeon Roe, fresh or chilled
0302.91.40  Mullet and other fish liver and roes, fresh or chilled
0302.92.00  Shark fins, fresh or chilled, excluding fillet
0302.99.00  Other fish, fresh or chilled, nesoi
0303.11.00  Sockeye salmon (red salmon) (Orncorhynchus nerka), frozen, excluding fillets, other
meat portions, livers and roes
0303.12.00  Pacific salmon, other than sockeye, frozen, excluding fillets, other meat portions, livers
and roes
0303.13.00  Atlantic salmon and Danube salmon, frozen, excluding livers and roes
0303.14.00  Trout, frozen, excluding fillets, other meat portions, livers and roes
0303.19.01  Salmonidae, other than trout or Atlantic and Danube salmon, nesoi, frozen, excluding
fillets, other meat portions, livers and roes
0303.23.00  Tilapias, frozen, excluding fillets, other meat portions, livers and roes
14
HTSUS
Subheading
Product Description
0303.24.00  Catfish, frozen, excluding fillets, other meat portions, livers and roes
0303.25.01  Carp, frozen excluding fillets, livers and roes
0303.26.00  Eels, frozen, excluding fillets, other meat portions, livers and roes
0303.29.01  Other fish in 0303.2 grouping nesoi, frozen, excluding fillets, other meat portions, livers
and roes
0303.31.00  Halibut and Greenland turbot, frozen, excluding fillets, other meat portions & livers and
roes
0303.32.00  Plaice, frozen, excluding fillets, other meat portions, livers and roes
0303.33.00  Sole, frozen, excluding fillets, other meat portions, livers and roes
0303.34.00  Turbots, frozen, excluding fillets, other meat portions, livers and roes
0303.39.01  Flat fish, other than halibut, Greenland turbot, plaice and sole, frozen, excluding fillets,
other meat portions, livers and roes
0303.41.00  Albacore or longfinned tunas, frozen, excluding fillets, other meat portions, livers and
roes
0303.42.00  Yellowfin tunas, frozen, excluding fillets, other meat portions, livers and roes
0303.43.00  Skipjack or stripe-bellied bonito, frozen, excluding fillets, other meat portions, livers and
roes
0303.44.00  Bigeye tunas (Thunnas obesus), frozen, excluding fillets, other meat portions, livers and
roes
0303.45.01  Atlantic and Pacific bluefin tunas, frozen, excluding fillets, other meat portions, livers
and roes
0303.46.00  Southern bluefin tunas (Thunnas maccoyii), frozen, excluding fillets, other meat
portions, livers and roes
0303.49.02  Tunas, not elsewhere specified or included, frozen, excluding fillets, other meat
portions, livers and roes
0303.51.00  Herrings, frozen, excluding fillets, other meat portions, livers and roes
0303.53.00  Sardines, sardinella, brisling or sprats, frozen, excluding fillets, other meat portions,
livers and roes
0303.54.00  Mackerel, frozen, excluding fillets, livers and roes
0303.55.00  Jack & horse mackerel, frozen, excluding fillets, other meat portions, livers and roes
0303.56.00  Cobia, frozen, excluding fillets, other meat portions, livers and roes
0303.57.00  Swordfish steaks,other swordfish , excluding fillets, other meat portions, livers and roes
0303.59.00  Other fish, frozen, excluding fillets, livers, roes and herrings
0303.63.00  Cod, frozen, excluding fillets, other meat portions, livers and roes
0303.64.00  Haddock, frozen, excluding fillets, other meat portions, livers and roes
0303.65.00  Coalfish, frozen, excluding fillets, other meat portions, livers and roes
0303.66.00  Hake, frozen, excluding fillets, other meat portions, livers and roes
0303.67.00  Alaska pollack, frozen, excluding fillets, other meat portions, livers and roes
0303.68.00  Blue whitings, frozen, excluding fillets, other meat portions, livers and roes
0303.69.00  Other fish in Bregmacerotidae et al,etc. frozen, excluding fillets, other meat portions,
livers and roes
0303.81.00  Dogfish and other sharks, frozen, excluding fillets, livers, roes and fish meat of 0304
0303.82.00  Rays & skates, frozen, excluding fillets, other meat portions, livers and roes
0303.83.00  Toothfish excluding fillets, other meat portions, livers and roes
0303.84.00  Sea bass, frozen, excluding fillets, other meat portions, livers and roes
15
HTSUS
Subheading
Product Description
0303.89.00  Smelts, cusk, pollock, shad, sturgeon, atkafish, fresh-water fish,etc. frozen, excluding
fillets, other meat portions, livers and roes
0303.91.20  Sturgeon roe, frozen
0303.91.40  Herring, salmon, alaskan pollock, mullet, other fist liver and roes, frozen
0303.92.00  Shark fins excluding fillets, frozen
0303.99.00  Other fish, frozen, nesoi
0304.31.00  Tilapias, fillets, fresh or chilled
0304.32.00  Catfish, fillets, fresh or chilled
0304.33.00  Nile perch, fillets, fresh or chilled
0304.39.00  Eels or snakeheads, fillets, fresh or chilled
0304.41.00  Salmon fillets, fresh or chilled
0304.42.00  Trout, fillets, fresh or chilled
0304.43.00  "Flat fish" , sole, plaice, etc. fillets, fresh or chilled
0304.44.00  Bregamacerotidae & like fish, fillets, fresh or chilled
0304.45.00  Fresh or chilled swordfish fillets
0304.46.00  Fresh or chilled toothfish fillets
0304.47.00  Dogfish and other shark fillets, frozen or chilled
0304.48.00  Ray and skate fillets, fresh or chilled
0304.49.01  Pike, pickerel, whitefish, tilapia, perch, cusk, other fish fillets, fresh or chilled
0304.51.01  Tilapias, catfish, carp, eels, nile perch, snakeheads, other than fillets, fresh or chilled
0304.52.00  Salmonidae, other than fillets, fresh or chilled
0304.53.00  Bregmacerotidae and other fish, nesoi, other than fillets, fresh or chilled
0304.54.00  Fresh or chilled swordfish other than fillets
0304.55.00  Fresh or chilled toothfish other than fillets
0304.56.00  Dogfish and other sharks, fresh or chilled
0304.57.00  Rays and skates, fresh or chilled
0304.59.00  Other fish, nesoi, other than fillets, fresh or chilled
0304.61.00  Frozen tilapia fillets
0304.62.00  Frozen catfish fillets
0304.63.00  Frozen Nile perch fillets
0304.69.00  Frozen eel & snakehead fillets
0304.71.10  Frozen cod fillets, skinned, in blocks weighing over 4.5 kg, to be minced, ground or cut
into pieces of uniform weight and dimension
0304.71.50  Fillets, frozen, of cod, other than above
0304.72.10  Frozen haddock fillets, skinned, in blocks weighing over 4.5 kg, to be minced, ground or
cut into pieces of uniform weight and dimension
0304.72.50  Fillets, frozen, of haddock, other than above
0304.73.10  Frozen coalfish fillets, skinned, in blocks weighing over 4.5 kg, to be minced, ground or
cut into pieces of uniform weight and dimension
0304.73.50  Other coalfish fillets
0304.74.10  Frozen hake fillets, skinned, in blocks weighing over 4.5 kg, to be minced, ground or cut
into pieces of uniform weight and dimension
0304.74.50  Fillets, frozen, of hake
0304.75.10  Frozen Alaska pollack fillets, skinned, in blocks weighing over 4.5 kg, to be minced,
ground or cut
0304.75.50  Fillets, frozen, of Alaska pollock, other than above
16
HTSUS
Subheading
Product Description
0304.79.10  Frozen Bregmacerotidae et al fish fillets,nesoi, skinned, in blocks weighing over 4.5 kg,
to be minced, ground or cut into pieces
0304.79.50  Frozen fillets of other fresh-water fish, flat fish, etc., nesoi, other than above
0304.81.10  Frozen salmon fillets, skinned, in blocks weighing over 4.5 kg, to be minced, ground or
cut into pieces of uniform weight
0304.81.50  Other frozen salmon fillets
0304.82.10  Frozen trout fillets, skinned, in blocks weighing over 4.5 kg, to be minced, ground or cut
into pieces of uniform weight and dimension
0304.82.50  Frozen trout fillets, other than above
0304.83.10  Frozen "flat fish" fillets, skinned, in blocks weighing over 4.5 kg, to be minced, ground or
cut into pieces of uniform weight and dimension
0304.83.50  Frozen "other flat fish" fillets, other than above
0304.84.00  Frozen swordfish fillets
0304.85.00  Frozen toothfish fillets
0304.86.00  Frozen herring fillets
0304.87.00  Frozen tuna fillets
0304.88.00  Dogfish, other shark, ray and skate fillets, frozen
0304.89.10  Other frozen fish fillets, skinned, in blocks weighing over 4.5 kg, to be minced, ground or
cut into pieces of uniform weight and dimension
0304.89.50  Other frozen fish fillets, other than above
0304.91.10  Chilled or Frozen Swordfish fillets, in bulk or in immediate containers weighing with
their contents over 6.8 kg each
0304.91.90  Chilled or Frozen Swordfish Fillets,nesoi
0304.92.10  Chilled or Frozen Toothfish fillets, in bulk or in immediate containers weighing with their
contents over 6.8 kg each
0304.92.90  Chilled or Frozen Toothfish Fillets,nesoi
0304.93.10  Chilled or Frozen tilapia & like fillets,nesoi, in bulk or in immediate containers weighing
> 6.8 kg each
0304.93.90  Tilapias , catfish, carp, eels, nile perch & snakehead chilled or frozen fillets,nesoi
0304.94.10  Alaska pollack chilled or frozen fillets,in bulk or in immediate containers weighing with
their contents over 6.8 kg each
0304.94.90  Alaska pollack, chilled or frozen fillets,nesoi
0304.95.10  Chilled or Frozen fillets,Bregmacerotidae & like, nesoi, in bulk or in immediate
containers > 6.8 kg each
0304.95.90  Bregamacerotidae other fish, other than Alaska pollack, nesoi, chilled or frozen
fillets,nesoi
0304.96.00  Dogfish and other sharks, frozen, nesoi
0304.97.00  Ray and skates, frozen, nesoi
0304.99.11  Chilled or Frozen fillets,nesoi, in bulk or in immediate containers weighing with their
contents over 6.8 kg each
0304.99.91  Chilled or Frozen fillets,nesoi
0305.10.20  Flours, meals and pellets of fish, fit for human consumption, in bulk or in immediate
containers weighing with contents over 6.8 kg each
0305.10.40  Flours, meals and pellets of fish, fit for human consumption, other than in bulk or
immediate containers weighing contents over 6.8 kg each
0305.20.20  Sturgeon roe, dried, smoked, salted or in brine
17
HTSUS
Subheading
Product Description
0305.20.40  Fish livers and roes, other than sturgeon roe, dried, smoked, salted or in brine
0305.31.01  Tilapia, catfish, carp, eel, nile perch, snakehead fillets, dried or salted in brine, but not
smoked
0305.32.00  "Flat fish" fillets, nesoi, dried, salted or in brine, but not smoked
0305.39.20  Fillets of herrings, dried, salted or in brine, but not smoked, in immediate containers
weighing with their contents 6.8 kg or less each
0305.39.40  Fillets of mackerel, dried, salted or in brine, but not smoked, in immediate containers
weighing with their contents 6.8 kg or less each
0305.39.61  Herring and other fist fillets, dried, salted or in brine, but not smoked
0305.41.00  Smoked Pacific, Atlantic and Danube salmon, including fillets
0305.42.00  Smoked herrings, including fillets
0305.43.00  Smoked trout, including fillets
0305.44.01  Tilapia, catfish, carp, eel, nile perch, snakehead including fillets, smoked
0305.49.20  Smoked mackerel, including fillets
0305.49.40  Smoked fish, including fillets, nesoi
0305.51.00  Dried cod, whether or not salted but not smoked
0305.52.00  Tilapia, catfish, carp, eel, nile perch, snakehead, not smoked, dried, whether or not
salted
0305.53.00  Fish of families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae,Melanonidae,
Merlucciidae, Moridae and Muraenolepididae, dried but not smoked
0305.54.00  Herrings, anchovies, sardines, sardinella, brisling or sprat, mackerel, Indian mackeral,
seerfish, dried, whether or not salted, but not smoked
0305.59.00  Dried fish, other than cod or shark fins, whether or not salted but not smoked
0305.61.20  Herrings, in brine or salted but not dried or smoked, in immediate containers weighing
with their contents 6.8 kg or less each
0305.61.40  Herrings, in brine or salted but not dried or smoked, other than in immediate containers
weighing with their contents 6.8 kg or less each
0305.62.00  Cod, in brine or salted but not dried or smoked
0305.63.20  Anchovies, in brine or salted but not dried or smoked, in immediate airtight containers
weighing with their contents 6.8 kg or less each
0305.63.40  Anchovies, in brine or salted but not dried or smoked, in immediate containers, nesoi,
weighing with their contents 6.8 kg or less each
0305.63.60  Anchovies, in brine or salted but not dried or smoked, other than in immediate
containers weighing with their contents 6.8 kg or less each
0305.64.10  Tilapias, catfish, carp, eel, Nile perch, or snakehead, in brine or salted but not dried or
smoked, in immediate containers <6.8 kg
0305.64.50  Tilapias, catfish, carp, eel, Nile perch, or snakehead, in brine or salted but not dried or
smoked, other than in containers <6.8 kg
0305.69.10  Cusk, haddock, hake, and pollock, in brine or salted but not dried or smoked
0305.69.20  Mackerel, in brine or salted but not dried or smoked, in immediate containers weighing
with their contents 6.8 kg or less each
0305.69.30  Mackerel, in brine or salted but not dried or smoked, other than in immediate
containers weighing with their contents 6.8 kg or less each
0305.69.40  Salmon, in brine or salted but not dried or smoked
0305.69.50  Fish, nesoi, in brine or salted but not dried or smoked, in immediate containers
weighing with their contents 6.8 kg or less each
18
HTSUS
Subheading
Product Description
0305.69.60  Fish, nesoi, in brine or salted but not dried or smoked, other than in immediate
containers weighing with their contents 6.8 kg or less each
0305.71.00  Dried shark fins, whether or not salted but not smoked
0305.72.00  Fish heads, tails, and maws, whether or not salted but not smoked
0305.79.00  Edible fish offal, other fish heads tails and maws or shark fins, whether or not salted but
not smoked
0306.11.00  Rock lobster and other sea crawfish, cooked in shell or uncooked, dried, salted or in
brine, frozen
0306.12.00  Lobsters excluding rock lobster, cooked in shell or uncooked, dried, salted or in brine,
frozen
0306.14.20  Crabmeat, frozen
0306.14.40  Crabs, cooked in shell or uncooked (whether in shell or not), dried, salted or in brine,
frozen
0306.15.00  Norway lobsters, cooked in shell or uncooked, dried, salted or in brine, frozen
0306.16.00  Cold-water shrimps and prawns, cooked in shell or uncooked, dried, salted or in brine,
frozen
0306.17.00  Other shrimps and prawns, cooked in shell or uncooked, dried, salted or in brine, frozen
0306.19.00  Crustateans, nesoi (including flours, meals and pellets of crustaceans fit for human
consumption), cooked in shell or uncooked, etc., frozen
0306.31.00  Live rock lobster and other sea crawfish, frozen or chilled
0306.32.00  Live lobsters (Homarus spp.), frozen or chilled, except rock lobster
0306.33.20  Crabmeat, fresh or chilled
0306.33.40  Live crabs, fresh or chilled, other than crabmeat
0306.34.00  Live Norway lobsters, frozen or chilled
0306.35.00  Cold water shrimps and prawns, shell-on or peeled, live, frozen, or chilled
0306.36.00  Shrimps and prawns, other than cold water shrimp, shell-on or peeled, live, frozen or
chilled
0306.39.00  Flours, meals and pellets of crustaceans, fress or chilled, fit for human consumption, or
other crustaceans, live, fresh or chilled
0306.91.00  Rock lobster and other sea crawfish nesoi
0306.92.00  Lobsters (Homarus SPP.), except rock lobster nesoi
0306.93.20  Crabmeat, nesoi
0306.93.40  Crabs, other than crabmeat, nesoi
0306.94.00  Norway lobsters (Nephrops Norvegicus), nesoi
0306.95.00  Other shrimps and prawns, shell-on or peeled
0306.99.00  Flours, meals and pellets of crustaceans, fit for human consumption or crustraceans
nesoi
0307.11.00  Oysters, whether in shell or not, live, fresh, or chilled
0307.12.00  Oysters, frozen
0307.19.01  Oysters, fresh or chilled
0307.21.00  Scallops, including queen scallops, whether in shell or not, live, fresh or chilled
0307.22.00  Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, frozen
0307.29.01  Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, dried,
salted or in brine
0307.31.00  Mussels, whether in shell or not, live, fresh or chilled
0307.32.00  Mussels (Mytilus Spp., Perna Spp.), frozen
19
HTSUS
Subheading
Product Description
0307.39.01  Mussels (Mytilus Spp., Perna Spp.), dried, salted or in brine
0307.42.00  Squid or cuttle fish, live, fresh or chilled
0307.43.00  Squid or cuttle fish, frozen
0307.49.01  Squid or cuttle fish, dried, salted or in brine
0307.51.00  Octopus, live, fresh or chilled
0307.52.00  Octopus, frozen
0307.59.01  Octopus, dried, salted or in brine
0307.60.00  Snails, other than sea snails, whether in shell or not, live, fresh, chilled, frozen, dried,
salted or in brine
0307.71.00  Clams, cockles and ark shells, whether in shell or not, live, fresh or chilled
0307.72.00  Clams, cockles and ark shells, frozen
0307.79.01  Clams, cockles and ark shells, dried salted or in brine
0307.81.00  Abalone, whether in shell or not, live, fresh or chilled
0307.82.00  Live stromboid conch, fresh or chilled
0307.83.00  Abalone, including flours, meals and pellets fit for human consumption, frozen
0307.84.00  Stromboid conchs (Strombus Spp.), frozen
0307.87.00  Abalone, including edible flours, meals and pellets, nesoi
0307.88.00  Stromboid conchs, nesoi
0307.91.02  Conch and other molluscs nesoi, including flours, meals and pellets, fit for human
consumption, live, fresh o chilled
0307.92.00  Conch and other molluscs nesoi, including flours, meals and pellets, fit for human
consumption, frozen
0307.99.02  Molluscs, including flours, meals and pellets fit for human consumption, nesoi
0308.11.00  Sea cucumbers, live, fresh or chilled
0308.12.00  Frozen sea cucumbers
0308.19.01  Sea cucumbers, not frozen
0308.21.00  Sea urchins, live, fresh or chilled
0308.22.00  Frozen sea urchins
0308.29.01  Sea urchins, not frozen
0308.30.00  Jellly fish, live, fresh, chilled, frozen, dried, salted smoked, or in brine
0308.90.00  Other aquatic invertebrates, oth than molluscs & crustaceans, nesoi, live, fresh or
chilled, dried, salted, smoked or in brine
0404.10.05  Whey protein concentrates
0404.10.08  Modified whey (except protein conc.), subject to gen. note 15 of the HTS
0404.10.11  Modified whey (except protein conc.), wheth/not conc. or sweetened, subject to add US
note 10 to Ch.4
0404.10.15  Modified whey (except protein conc.), wheth/not conc. or sweetened, not subject to
gen. note 15 or
0404.10.20  Fluid whey, whether or not concentrated or containing added sweeteners
0404.10.48  Whey (except modified whey), dried, whether or not conc. or sweetened, subject to
gen. note 15 of the HTS
0404.10.50  Whey (except modified whey), dried, whether or not conc. or sweetened, subject to
add. US note 12 to Ch. 4
0404.10.90  Whey (except modified whey), dried, whether or not conc. or sweetened, not subject to
gen. note 15 or add US nte 12 to Ch.4
0405.10.05  Butter subject to general note 15 (outside quota)
20
HTSUS
Subheading
Product Description
0405.10.10  Butter subject to quota pursuant to chapter 4 additional US note 6
0405.10.20  Butter not subject to general note 15 and in excess of quota in chapter 4 additional U.S.
note 6
0407.19.00  Birds' eggs, in shell, fertilized eggs for incubation, other than Gallus domesticus
0407.21.00  Birds' eggs, in shell, other fresh, not fertilized eggs for incubation, of species Gallus
domesticus
0407.29.00  Birds' eggs, in shell, other fresh, not fertilized eggs for incubation, other than species
Gallus domesticus
0407.90.00  Birds' eggs, in shell, fresh, preserved or cooked
0408.11.00  Egg yolks, dried, whether or not containing added sweeteners
0408.19.00  Egg yolks, other than dried, whether or not containing added sweeteners
0408.99.00  Birds' eggs, not in shell, other than dried, whether or not containing added sweeteners
0409.00.00  Natural honey
0410.00.00  Edible products of animal origin, nesoi
0501.00.00  Human hair, unworked, whether or not washed and scoured; waste of human hair
0502.10.00  Pigs', hogs' or boars' bristles and hair and waste thereof
0502.90.00  Badger hair and other brushmaking hair, nesoi, and waste thereof
0504.00.00  Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof
0505.10.00  Feathers of a kind used for stuffing, and down
0505.90.20  Feather meal and waste
0505.90.60  Skins and parts of birds with their feathers or down (except meal and waste) nesoi
0506.10.00  Ossein and bones treated with acid
0506.90.00  Bones & horn-cores, unworked, defatted, simply prepared (but not cut to shape) or
degelatinized; powder & waste of these products
0507.90.00  Tortoise shell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and
beaks, unworked or simply prepared; waste and powder
0508.00.00  Coral, shells, cuttlebone and similar materials, unworked or simply prepared, but not
cut to shape; powder and waste thereof
0510.00.40  Cantharides; bile; glands and other animal products nesoi, used in pharmaceutical
products
0511.10.00  Bovine semen
0511.91.00  Products of fish, crustaceans, molluscs or other aquatic invertebrates nesoi; dead
animals of chapter 3, unfit for human consumption
0511.99.20  Parings and similar waste of raw hides or skins; glue stock nesoi
0511.99.30  Animal products chiefly used as food for animals or as ingredients in such food, nesoi
0511.99.33  Horsehair and horsehair waste, whether or not put up as a layer with or without
supporting material
0511.99.36  Natural sponges of animal origin
0511.99.40  Animal products nesoi; dead animals of chapter 1, unfit for human consumption
0703.10.20  Onion sets, fresh or chilled
0703.10.30  Pearl onions not over 16 mm in diameter, fresh or chilled
0703.10.40  Onions, other than onion sets or pearl onions not over 16 mm in diameter, and shallots,
fresh or chilled
0703.20.00  Garlic, fresh or chilled
0703.90.00  Leeks and other alliaceous vegetables nesoi, fresh or chilled
21
HTSUS
Subheading
Product Description
0704.10.20  Cauliflower and headed broccoli, fresh or chilled, if entered June 5 to October 15,
inclusive, in any year
0704.10.40  Cauliflower and headed broccoli, fresh or chilled, not reduced in size, if entered Oct. 16
through June 4, inclusive
0704.10.60  Cauliflower and headed broccoli, fresh or chilled, reduced in size, if entered Oct. 16
through June 4, inclusive
0704.90.20  Cabbage, fresh or chilled
0704.90.40  Kohlrabi, kale and similar edible brassicas nesoi, including sprouting broccoli, fresh or
chilled
0706.10.05  Carrots, fresh or chilled, reduced in size
0706.10.10  Carrots, fresh or chilled, not reduced in size, under 10 cm in length
0706.10.20  Carrots, fresh or chilled, not reduced in size, 10 cm or over in length
0706.10.40  Turnips, fresh or chilled
0706.90.20  Radishes, fresh or chilled
0706.90.30  Beets and horseradish, fresh or chilled
0706.90.40  Salsify, celeriac, radishes and similar edible roots nesoi, fresh or chilled
0707.00.50  Cucumbers, including gherkins, fresh or chilled, if entered May 1 to June 30, inclusive, or
Sept. 1 to Nov. 30, inclusive, in any year
0708.10.20  Peas, fresh or chilled, shelled or unshelled, if entered July 1 to Sept. 30, inclusive, in any
year
0708.10.40  Peas, fresh or chilled, shelled or unshelled, if entered Nov. 1 through the following June
30, inclusive
0708.20.20  Cowpeas (other than black-eye peas), fresh or chilled, shelled or unshelled
0708.20.90  Beans nesoi, fresh or chilled, shelled or unshelled
0708.90.15  Lentils, fresh or chilled, shelled or unshelled
0708.90.40  Leguminous vegetables nesoi, fresh or chilled, shelled or unshelled
0709.40.20  Celery, other than celeriac, fresh or chilled, reduced in size
0709.40.40  Celery, other than celeriac, fresh or chilled, not reduced in size, if entered April 15 to
July 31, inclusive, in any year
0709.40.60  Celery, other than celeriac, fresh or chilled, not reduced in size, if entered August 1
through the following April 14, inclusive
0709.51.01  Mushrooms of the genus Agaricus, fresh or chilled
0709.59.10  Truffles, fresh or chilled
0709.59.90  Mushrooms, other than of the genus Agaricus, fresh or chilled
0709.60.20  Chili peppers, fresh or chilled
0709.60.40  Fruits of the genus capsicum (peppers) (ex. chili peppers) or of the genus pimenta (e.g.,
Allspice), fresh or chilled
0709.93.20  Squash, fresh or chilled
0709.99.05  Jicamas and breadfruit, fresh or chilled
0709.99.10  Chayote (Sechium edule), fresh or chilled
0709.99.14  Okra, fresh or chilled
0709.99.30  Fiddlehead greens, fresh or chilled
0709.99.45  Sweet corn, fresh or chilled
0709.99.90  Vegetables, not elsewhere specified or included, fresh or chilled
0710.10.00  Potatoes, uncooked or cooked by steaming or boiling in water, frozen
22
HTSUS
Subheading
Product Description<
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