ITC Posts Preliminary 2022 Harmonized Tariff Schedule; Took Effect Jan. 1, Sans WCO Changes

The International Trade Commission posted the 2022 Preliminary Edition of the Harmonized Tariff Schedule. The new HTS does not include the five-year World Customs Organization Harmonized System update, which will take effect toward the end of January at the end of a 30-day period following their proclamation Dec. 27 (see 2112270032). It does, however, implement annual changes to 10-digit "statistical" provisions of the tariff schedule, as well as the removal of Ethiopia, Mali and Guinea from the African Growth and Opportunity Act preferences program and a new tariff-rate quota system for iron and steel and aluminum from the EU. These changes took effect Jan. 1.

The major changes to the HTS stemming from the five-year WCO HS update will be detailed in future editions of International Trade Today.

(Note: This report only includes changes made since the last revision to the online HTS (HTS 2021 Rev. 12). For a full list of changes since the last paper edition of the HTS was published, see the change record.)

Provisions on EU Steel and Aluminum TRQs Added to Tariff Schedule

The preliminary 2022 tariff schedule implements a new tariff-rate quota system for iron and steel and aluminum imports from the EU agreed to in a deal to ease Section 232 tariffs on EU members (see 2112280036). New note 16(f) to subchapter III of Chapter 99 details how quotas will work for iron and steel, as does new note 19(a)(v) for aluminum products.

New subheadings 9903.80.65 through 9903.81.19 are added for goods entering under the TRQ for EU iron and steel products, while new subheadings 9903.85.27 through 9903.85.44 are added for the EU aluminum TRQ (see 2112290029).

Ethiopia, Mali and Guinea Removed From AGOA

Though not reflected in the ITC’s change record, the preliminary 2022 tariff schedule includes some changes to reflect the removal of Ethiopia, Guinea and Mali as African Growth and Opportunity Act beneficiaries (see 2111020035). The three countries are removed from General Note 16’s list of AGOA beneficiaries.

However, though the proclamation said Ethiopia, Guinea and Mali would be removed from lists of AGOA beneficiaries in Note 7(a) of subchapter II of Chapter 98 and notes 1 and 2(d) to subchapter XIX of Chapter 98 (see 2112230046), the three countries remain listed. “The three sets of amendments to chapter 98, which also were effective on January 1, are in progress,” an ITC spokesperson said.

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 goods made from tropical woods. Other affected tariff provisions include onions, Spanish-style olives, electric cars, over-the-door mirrors and LED lights.

Roses. A separate tariff breakout for fcut sweetheart roses at subheading 0603.11.0010 is removed from the tariff schedule. The two remaining 10-digit tariff breakouts for roses are 0603.11.0030 for spray roses, and the renumbered 0603.11.0050 for “other” roses.

Onions. Old subheading 0703.10.4000 for “other” onions and shallots (i.e., other than onion sets and pearl onions” is now broken out into a new 10-digit subheadings for “onions” at 0703.10.4020, and “other” (i.e., shallots) at 0703.10.4040.

Green onions. Likewise, old subheading 0603.90.0000 for “leeks and other alliaceous vegetables” (i.e., other than onions, shallots and garlic) is now broken out into subheadings 0703.90.0020 for “green onions of a species other than Allium cepa” and 0703.90.0040 for “other” leeks and alliaceous vegetables.

Organic wheat. New tariff breakouts are created for certified organic wheat and meslin, other than durum wheat and Canadian western extra strong hard red spring wheat, and other than seed. New 1001.99.0007 covers organic red spring wheat (other than Canadian western extra strong hard) and new 1001.99.0009 covers other organic wheat. Subheadings 1001.99.0011 through 1001.99.0096, which had covered various forms of “other,” non-organic wheat, are renumbered 1001.99.0010 through 1001.99.0097.

Spanish-style olives. New tariff breakouts for “Spanish style” olives are added to tariff provisions for green olives in saline solution, pitted or stuffed but not place packed. New subheading 2005.70.2542 covers Spanish style olives, whole pitted, in containers holding 8 kg or less drained weight. New subheading 2005.70.2570 covers Spanish style olives not pitted or stuffed, including broken, sliced or salad style, in containers holding 8 kg or less.

Provisions for other green olives in saline solution, pitted or stuffed but not place packed under subheadings 2005.70.2540 through 2005.70.2590 are renumbered 2005.70.2542 through 2005.70.2570.

New statistical note 1 is added to Chapter 20, defining Spanish style olives under subheadings 2005.70.2542 and 2005.70.2570 as “green olives that are processed by being fermented and cured” but not “olives processed by being heat sterilized under pressure and brined.”

Sulfur hexafluoride. New statistical breakout 2812.90.0010 is added to the tariff schedule for sulfur hexafluoride under provisions for “other” halides and halide oxides of nonmetals. New statistical breakout 2812.90.0090 is now the residual “other” subheading for halides.

Radioactive elements. The unit of measure for subheadings 2844.40.0021 and 2844.40.0028, which cover “other” radioactive elements including Americium-241, californium-252, curium-244, cesium-137, gadolinium-153, iridium-192, promethium-147, radium-226, selenium-75, and ytterbium-169, is changed from megabecquerels (MBq) to gigabecquerels (GBq).

Potassium chloride. Subheading 3104.20.00 for potassium chloride fertilizer is subdivided into new statistical breakouts 3104.20.0010 for potassium chloride fertilizer containing no more than 62% by weight of potassium oxide, and 3104.20.0050 for potassium chloride fertilizer containing more than 62% by weight of potassium oxide.

Phosphoric alloys and explosives. Statistical breakouts for 3606.90.3010 for ferrocerium and other pyrophoric alloys, put up in forms or packages for retail sale, as well as 9606.90.8010 for “other” articles of combustible materials specified in note 2 to Chapter 38, put up in forms or packages for retail sale, are eliminated. Now, subheading 3606.90.3000 covers ferrocerium and other pyrophoric alloys however packaged, and 3606.90.8000 covers “other” articles of combustible materials specified in note 2.

Tropical wood veneers. New statistical breakouts are created for veneers of tropical wood, not spliced or end-jointed, other than dark red meranti, light red meranti and meranti bakau. The new breakouts are as follows: 4408.39.0220 for “Acajou or Acajou d'Afrique (Khaya spp.), also known as African mahogany”; 4408.39.0230 for “Anigre (Aningeria spp.), also known as Aningre, Aniegre or Anegre”; 4408.39.0240 for “Ceiba (Ceiba spp.)”; 4408.39.0250 for “Obeche (Triplochiton spp.), also known as Ayous”; 4408.39.0260 for “Okoume (Aucoumea spp.); 4408.39.0270 for “Sapele (Sapelli), Sipo or Utile (Entandrophragma spp.)”; and 4408.39.0291 for “Other.”

Wood moldings and millwork. Likewise, breakouts for tropical wood are added to subheading 4409.22.50 for “other” wood moldings, and 4409.2290 for “other” millwork of tropical wood (not siding, flooring, moldings or dowel rods). The new breakouts for “other” moldings are found in subheadings 4409.22.5020 for durian, 4409.22.5040 for jelutong, 4409.22.5060 for obeche and 4409.22.5090 for “other” tropical woods. The new breakouts for “other” millwork are 4409.22.9020 for cumaru, 4409.22.9030 for ipe, 4409.22.9045 for keruing, 4409.22.9060 for padauk and 4409.22.9090 for “other.”

Over-the-door mirrors. New statistical breakout 7009.91.5091 is added for unframed over-the-door mirrors, over 929 cm2 in reflecting area, with new breakout 7009.91.5095 added for “other” unframed mirrors over 929 cm2 in reflecting area, not containing LED or fluorescent lighting. Likewise, new statistical breakout 7009.92.5091 Is added for framed over-the-door mirrors, over 929 cm2 in reflecting area, with new breakout 7009.92.5095 added for “other” framed mirrors over 929 cm2 in reflecting area, not containing LED or fluorescent lighting.

New statistical note 2 to Chapter 70 says: “For the purposes of statistical reporting numbers 7009.91.5091 and 7009.92.5091, ‘over-the-door mirrors’ means mirrors designed to be affixed to a door or hung from the top of a door by means of hooks which are either attached to or packaged with such mirrors at the time of importation. Brackets or other hardware may also be attached to these mirrors or included in the packaging.”

Industrial turbines. A new tariff breakout for industrial turbines of a power exceeding 5,000 kW is added under subheading 8411.82.8010. Statistical note 1 to Chapter 84 is modified so the definition of industrial turbines as gas turbines used in stationary applications includes the new subheading number.

Turbine parts. The unit of measure for parts of turbojets, aircraft turbines, non-aircraft turbines and gas turbines under subheadings 8411.99 through 8411.99 is changed from “kg” to “No.”

LED lamps. LED lamps in the form of U-shaped tubes are added to a statistical suffix that already includes LED lamps in the form of straight linear tubes, and that subheading is renumbered 8539.50.0051. The residual category for “other” LED lamps is also renumbered 8539.50.0091.

Electric vehicles. Old subheading 8703.80.00 for electric vehicles for the transport of persons, holding less than 10 people, is broken out into new 10-digit subheadings 8703.80.0010 for vehicles with an EPA-rated range not exceeding 250 miles, and 8703.80.0090 for those with a range exceeding 250 miles.

Tropical wood office furniture. Subheading 9403.30.3080 for wooden office furniture, other than bent-wood furniture, is broken out into statistical suffixes for various woods as follows: 9403.30.8001 for padauk or narra; 9403.30.8005 for rosewood, palisander, cocobolo, bois de rose, kingwood, tulip wood or blackwood; 9403.30.8021 for teak; 9403.30.8031 for wenge; and 9403.30.80 for other woods.

Goods returned of chapter 37. The unit of measure for goods returned of chapter 37 under subheading 9801.00.1029 is changed from “m2” to the unit of measure under the applicable chapter 37 tariff provision.