Who Is Ultimately Responsible for Correct Product Classification?

Product classification is essential for international trade. The correct classification code must be used to ensure that the product is properly classified and meets all the requirements for importing and/or exporting. The World Customs Organization (WCO) has developed a hierarchical nomenclature known as the Harmonized System (HS). The first six digits of the HS are universal for those countries that utilize the WCO HS. The remaining digits are country-specific and are used to further break down the classification of a particular product.  Many countries, including the US and Canada, utilize 4 additional digits to create the country specific Harmonized Tariff Schedule (HTS). The full HTS length varies by county. To obtain the proper HTS classification for a product, it is necessary to consult not only the HTS language but also the legal notes, general rules of interpretation, explanatory notes and country specific rulings and logic.

The different entities involved in the product classification process 

There are several different entities that can be involved in the process of classifying products for import and export. These include the importer/exporter, government agencies, customs brokers, third-party consultants, and ultimately an international tribunal. 

What responsibilities each entity has in ensuring correct product classification 

In most cases, the responsibility for ensuring correct product classification lies with the importer or the customs broker. The responsible party will need to consult the country specific HTS to obtain the correct code. Once the HTS code has been determined, it can be used to identify the applicable duties and taxes as well as any product specific import requirements. 

When bringing goods into the United States, the importer of record is responsible for the HTS and other import requirements. The U.S. Customs and Border Protection (CBP) is the law enforcement organization responsible for facilitating trade into/out of the United States. CBP may issue a request for information and/or notice of action to an importer. It is vital to respond to any CBP request timely and thoroughly. It is important that all entities involved in international trade take product classification seriously to avoid any potential delays or penalties. 

How to resolve disputes when different entities disagree on a product’s classification 

In cases where there are disagreements between different parties on the product classification, a formal dispute resolution process may be necessary. This could involve requesting guidance from, or submitting a protest to, the local customs authorities. In some cases, the dispute could be raised to an international court or arbitration panel.  

The importer/exporter should familiarize themselves with applicable laws and regulations, consult experts where necessary, and document their efforts to resolve any disputes to minimize risks associated with incorrect product classification. By doing so, they can help ensure smooth international trade operations and compliance with all applicable regulations.  

The benefits of accurate product classification for businesses and consumers alike 

Accurate product classification is essential for both businesses and consumers alike. For businesses, it allows them to accurately calculate taxes and duties associated with their imports and exports. It also helps to ensure additional import requirements are met- reducing delays in the supply chain.  

For consumers, accurate product classification ensures that they get the right product at the right price. Proper classification ensures goods meet safety regulations while also reducing the risk of counterfeit products entering the market. Accurate product classification allows for an efficient flow of goods across borders, which is beneficial for both businesses and consumers in the domestic and international markets.  

Professional assistance for correct product classification 

For businesses engaging in international trade, enlisting the help of professional experts is essential for ensuring accurate product classification. These experts can aid with understanding and complying with all applicable laws and regulations, while guiding you through the classification process. Professional assistance can help businesses operate efficiently and compliantly.   

For professional product classification services you can trust, contact the team at Copper Hill!

 

350 Changes to the US HTSUS Starting January 2022

The World Customs Organization (WCO) recently made 350 amendments to the Harmonized Commodity Description and Coding System (Harmonized System), which will impact U.S. imports. This five-year HTS update, which was intended to be effective on January 1, 2022, is now postponed until further notice from CBP. You may remember the last major update was back in 2017. Importers need to have their classifications reviewed and updated by January to avoid delays. 

As a signatory of the Harmonized System Convention, the United States agreed to use a uniform set of six-digit classification codes. The U.S. additionally has eight and ten-digit codes to further classify items for increased specificity and statistical analysis. These codes are about to change for many industries. 

The reasons for changing the codes include technological advances, emerging product streams, changes in trade patterns, environmental and health safety, and anti-terrorism efforts. Changes may also be made for a combination of reasons or to clarify previous decisions. 

Industries affected include:

  • Fishing 
  • Dairy products 
  • Agriculture 
  • Tobacco products
  • Chemical products and construction materials 
  • Pharmaceuticals
  • Waste management, especially electronic waste
  • Textiles 
  • Furniture 
  • Machinery, appliances, and tools
  • Automotive 

This list is by no means exhaustive. Make sure you review the Recommended Modifications in the Harmonized Tariff Schedule, 2021 before the end of the year. Appendix B has the list of proposed changes and Appendix C has the concordance table. Remember to watch for a Presidential Proclamation and also a Federal Register announcement when these updates to the HTSUS will be effective. 

We know the end of the year is an extremely busy time for many industries. We are here to make sure you experience zero delays. Contact your Copper Hill, Inc. representative today to ensure you will be in compliance.

 

How Could Afghanistan’s Fall Impact U.S. Trade?

It has been quite a month. The US pulled all troops out of Afghanistan and the results were devastating for many families here in the US and abroad. The fallout will likely have long-term impacts on foreign relations, which will inevitably include trade. 

Afghanistan is the 147th largest supplier of goods to the US, so it will not directly have a significant impact on imports. The top imports to Afghanistan are precious metal and stones, carpets and textiles, and edible fruit and nuts. These industries will be inconvenienced, at worst. 

More importantly, we will be watching the countries that may be impacted secondarily. 

As said in Forbes magazine, foreign trade is mostly about “good products at good prices, with politics of secondary or tertiary consequence.” The US will be fighting a political battle for trade deals and foreign relations, having lost credibility on the world stage. This political battle could impact US imports in the future. 

Certainly, the impact of China’s decisions in the coming months will be the most impactful on trade. South Korea, Taiwan, and the Philippines could be among those impacted by Chinese pressure to rethink US commitments. It’s no secret that Chinese-US relations were already strained. Now China has an open door to politically impact US trade. 

Additionally, imports from India will take a hit. India received vital imports from Afghanistan which may no longer be available. Their economy will be impacted, and we still don’t know if or how that will trickle down to US imports from India. 

No matter what happens, the Copper Hill team is here to help guide you through customs compliance. We stay on top of the latest import news to make sure you don’t get caught off guard.