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Definition of part and accessories under HS code

2021-05-03 By Taichi Kawazoe

Part

“part” of an article is something necessary to the completion of that article. It is an integral, constituent, or component part, without which the article to which it is to be joined, could not function as such article. 

Source: United States v. Willoughby Camera Stores, Inc., 21 C.C.P.A. 322 (1933)

Accessory

“an ‘accessory’ must bear a direct relationship to the primary article that it accessorizes.”

Source:Rollerblade, Inc., 24 Ct.

“[a]ccessories are of secondary importance,” but must “somehow contribute to the effectiveness of the principal article”

Source: HQ 960950 (Jan. 16, 1998)

“accessory” is, subsidiary devices used in connection with the machines, such as interchangeable devices which modify the machine so that it can perform a wider range of operations; devices to increase precision; devices which perform a particular service relative to the main function of the machine.

Source: EN Heading 8466 (B)

Filed Under: General

Import fees from Japan to US

2020-02-06 By Taichi Kawazoe

Since “Unites States-Japan Trade Agreement” was reached, Import fees from
Japan to the US can be reduced adopting “Preferential Duty rate”

This article explains the way to calculate Import fees from Japan to the US from
official document.

Import fees from Japan to US

Basic import fees from Japan can be found from Harmonized Tariff Schedule,
and “Preferential Duty rate” from Japan products can be found from
U.S.-Japan Trade Agreement Text.

In order to find the “Preferential Duty rate” from Japan, there are several steps
to be taken.

1. Specify the “HTS code” of the product.

If the “HTS code” has not been specified, find it from Harmonized Tariff Schedule

2. Check the “Base Rate” and “Staging Category”

“Base Rate” and “Staging Category” can be found from Agreement Text
Tariff Schedule of the US .
“Base Rate” is normal Duty rate adopting every item, and “Staging Category” is
specifications of the “Preferential Duty rate” given in terms of the year from
the Agreement started.

Some items Duty rate is eliminated entirely on the date of entry into force of the
Agreement,and some items Duty rate is eliminated in annual stages, therefore
“Staging Category” varies from “A” to “K” to specify the schedule to be eliminated.

3.Check the “Eliminating schedule of the Duty”

Staging Category’s definition can be found from ANNEX II

(a) customs duties on originating goods provided for in the items in staging category
A shall be eliminated entirely, and these originating goods shall be duty-free on the
date of entry into force of this Agreement;

(b) customs duties on originating goods provided for in the items in staging category
B shall be reduced by three percentage points on the date of entry into force of this
Agreement, and these originating goods shall be duty-free in year two;

(c) customs duties on originating goods provided for in the items in staging category
C shall be eliminated in two equal annual stages, and these originating goods shall
be duty-free in year two;

(d) customs duties on originating goods provided for in the items in staging category
D shall be eliminated in five equal annual stages, and these originating goods shall
be duty-free in year five;

(e) customs duties on originating goods provided for in the items in staging category
E shall be eliminated in ten equal annual stages, and these originating goods shall be
duty-free in year ten;

(f) customs duties on originating goods provided for in the items in staging category
F shall be reduced to 50 percent of the base rate on the date of entry into force of this
II – 2
Agreement, and duties on these originating goods shall remain at the resulting duty
rates;

(g) customs duties on originating goods provided for in the items in staging category
G shall be reduced by three percentage points on the date of entry into force of this
Agreement, and shall be further reduced to 50 percent of the base rate in year two.
Duties on these originating goods shall remain at the resulting duty rates;

(h) customs duties on originating goods provided for in the items in staging category
H shall be reduced by three percentage points on the date of entry into force of this
Agreement, and shall be further reduced by three percentage points in year two.
Duties on these originating goods shall be reduced to 50 percent of the base rate in
year three, and shall remain at the resulting duty rates;

(i) customs duties on originating goods provided for in the items in staging category
I shall be reduced to 50 percent of the base rate in two equal annual stages, and duties
on these originating goods shall remain at the resulting duty rates;

(j) customs duties on originating goods provided for in the items in staging category
J shall be reduced to 50 percent of the base rate in three equal annual stages, and
duties on these originating goods shall remain at the resulting duty rates; and

(k) customs duties on originating goods provided for in the items in staging category
K shall be reduced to 50 percent of the base rate in five equal annual stages, and
duties on these originating goods shall remain at the resulting duty rates.

Filed Under: General

What is “CTSH” under the FTA

2019-10-25 By Taichi Kawazoe

CTSH is the abbreviation of “Change of Tariff SubHeading”

A product is considered to be sufficiently worked or processed when it is
classified in a 6-digit level of the Harmonized System,
i.e. sub-heading, which is different from those in which all the non-originating
materials used in its manufacture are classified.

Example : CETA – Roasted coffee (HS sub-heading 0901.21)
The rule for roasted coffee (HS sub-heading 0901.21) requires:

“A change from any other subheading”

The manufacturer uses the following non-originating materials:
– coffee, not roasted (HS sub-heading 0901.11)

Coffee roasted in the EU is exported to Canada as EU originating since the
CTSH rule is fulfilled, namely, all materials used in the production of the final
product are classified under a tariff sub-heading different from the tariff
sub-heading of the roasted coffee.

Filed Under: General

What is “CTH” under the FTA

2019-10-18 By Taichi Kawazoe

CTH is the abbreviation of “Change of Tariff Heading”

A product is considered to be sufficiently worked or processed when it is classified in a
4-digit level of the Harmonized System, i.e. heading, which is different from those in
which all the non-originating materials used in its manufacture are classified.

Example: PEM Convention – Seats HS heading 94.01
A rule for the seats (HS heading 94.01) requires:

“Manufacture from materials of any heading, except that of the product”

The manufacturer uses the following non-originating materials:
– sawn wood (HS heading 44.07)
– fabrics (HS heading 52.08)
– foam/porolone (HS heading 39.03).
The seats are exported to Switzerland as EU originating since the CTH rule is fulfilled,
namely all non-originating materials used in the production of the final product are
classified under tariff headings different from the tariff heading of the seats.

Filed Under: General

What is “CC” under the FTA

2019-10-16 By Taichi Kawazoe

CC is the abbreviation of “Change of Chapter”

A product is considered to be sufficiently worked or processed when it is classified in a
2-digit level of the Harmonized System, i.e. chapter, which is different from those in
which all the non-originating materials used in its manufacture are classified.

Example : CETA – Linseed oil HS sub-heading 1516.20
The rule for the vegetable fats and oils and their fractions (HS sub-heading 1516.20) in
CETA(Free trade agreement between EU and Canada) requires:

“A change from any other chapter”

The linseed (HS heading 12.04) is imported into the EU from Turkey and is used in the
manufacture of linseed oil in the EU. Therefore, the final product obtains EU
preferential origin when exported to Canada.

Filed Under: General

What is “Focused value method”?

2019-10-07 By Taichi Kawazoe

Focused Value Method is to calculate the Regional Value Content(RVC)
Based on the Value of Specified Non-Originating Materials.

Case study of “Focused value method” e.g.” wiring harness”

A company in TPP Party A manufactures engine wiring harness (subheading 8544.30)
from the following materials:

  • Non-originating copper wire (subheading 7413.00) imported from country B;
  • Originating plastic ties (subheading 3926.90) imported from country C;
  • Non-originating plastic tape (subheading 3926.90) imported from country D;
  • Non-originating connectors (subheading 7326.90) imported from country E.

The unit price of a single harness is priced as:

What is "Focused value method"?

Using the provision in Article 3.5 of the TPP Agreement on how to calculate the
regional value content (RVC), different methods can be used to determine if the
harness is originating.

The PSR for goods of subheading 8544.30 is:
A change to a good of subheading 8544.30 from any other subheading except
from heading 74.08, 74.13, 76.05, 76.14 or subheading 8544.11 through
8544.20 or 8544.42 through 8544.60; or
regional value content of not less than:
a. 35% under the build-up method
b. 45% under the build-down method
c. 60% under the focused value method taking into account only the
nonoriginating
materials of heading 74.08, 74.13, 76.05, 76.14 and
subheading
8544.11 through 8544.60.

Since subheading 7413.00 is subject to the exception in PSR 8544.30, “Non-originating
copper wire (subheading 7413.00) imported from country B;” is the material that
does not satisfy CTC rule.

Therefore subject to “Focused value method” is only this “copper wire”

RVC = Value of the Good – FVNM / Value of the Good x 100
In this case, RVC= (380-115) / 380 x100 = 69.73%

The threshold for FVNM is 60% so the harness will be considered to be originating.
It is important to note that all the other non-originating materials of subheadings not
mentioned in the specific PSR are disregarded when using the FVNM for
calculating the RVC.

Case study of “Focused value method” e.g.” wired glass sheets”

A manufacturer in a Party to CPTPP makes wired glass sheets classified to
7005.30, from cast glass of 7003.10 and steel wire of 7217 that are imported
from Brazil (a non-party).
The wired glass sheets are sold to an Australian importer for the equivalent
of AUD200 each (excluding international shipment costs).

The imported cast glass costs the manufacturer the equivalent of AUD18/kg,
with each sheet of wired glass using five kilos of cast glass.
Cost of originating materials and production processes are AUD40 per sheet.
Annex 3-D to Chapter 3 of CPTPP identifies that the ‘focused value’ PSR for
cast glass of 7003.10 is:

50 per cent under the focused value method taking into account only
the non-originating materials of heading 70.03 through 70.05

RVC = Value of the Good – FVNM / Value of the Good x 100
In this case, RVC= (200-5kg x 18) / 200 x100 = 55%

Despite the wire also being non-originating, only the non-originating cast glass is
taken into account under the focused value method.
Therefore, the RVC for the wired glass sheets is 55 per cent and they are
therefore considered TransPacific Partnership originating goods.

Filed Under: General

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