classification Archives | Customs & International Trade Law Blog

Upcoming Webinar: Basics of U.S. Tariff Classification (HTSUS)

Did you know the Harmonized Tariff Schedule of the U.S. (HTSUS) can be difficult to navigate, and importers often either don’t even know what HTSUS is, or strictly rely on customs brokers for this number, not realizing it is an importers responsibility and liability should be HTSUS be incorrect. Now, especially, with 301 duties in place, ensuring you have the right HTSUS is more important than ever.

Ensure you’re informed and updated on classification and binding rulings and register for Diaz Trade Law’s webinar “Basics on Tariff Classification“ taking place on May 12, 2022. This one-hour webinar will provide insights into the importance of CBP Rulings for classification and binding rulings in ensuring compliance when importing into the United States. The presenter will provide an overview of the process of how to receive a final classification and binding ruling from CBP as well as TOP tips on when it may be advantageous to do so.

Register today to hear directly from DTL’s president, Jennifer Diaz as she teaches attendees about the fundamental in ensuring compliance when it comes to classification along with the new HTSUS changes in 2022.

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By Jennifer Diaz|2022-05-02T19:11:02-04:00April 28, 2022|Best Practices, Events, Export, Import, International Trade, Speaking, U.S. Customs and Border Protection (CBP)|Comments Off

9801.00.10: Updated Requirements for Returned Goods

Background on HTSUS Subheading 9801.00.10

Ever hear of U.S. goods returned and wondered what it really meant? The Harmonized Tariff Schedule of the United States (“HTSUS”) subheading 9801.00.10 is used for re-importing U.S. made products back into the United States, duty-free. Previously, this classification only covered merchandise originally made in the United States and now reentering the country (hence “US Goods Returned”). In order to qualify for classification under subheading 9801.00.10 and duty-free treatment, these products entering the United States had to be unimproved in condition or value. In other words, the products had to not be subject to further processing abroad. For example, subheading 9801.00.10 may be used when goods are being re-imported as returned product to the seller or for repair. Under subheading 9801.00.10, the importer has the burden to prove their claim for duty-free treatment.

CBP Issues Updated Guidance

On August 20, 2021, subheading 9801.00.10 was expanded to include products which originated from foreign countries. HTSUS subheading 9801.00.10 now states: “Products of the United States when returned after having been exported, or any other products when returned within 3 years after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad.” In other words, non-U.S. origin products that are returned to the United States will ALSO qualify for duty-free treatment under subheading 9801.00.10. However, the timing requirements for U.S.-origin and foreign-origin products are different. U.S.-origin products currently have no time limit to file […]

By Jennifer Diaz|2021-11-09T12:23:27-05:00November 23, 2021|ACE, Best Practices, Customs Broker, Customs Expert, Enforcement, Import, International Trade, Pre-compliance, Reasonable Care, U.S. Customs and Border Protection (CBP)|Comments Off

Customs Classification – A Key Component of an Import Compliance Manual

We are often asked by importers to assist in classifying their products under the Harmonized Tariff Schedule of the U.S. (“HTS” or “HTSUS”). While seeking assistance from expert counsel is a best practice, under the CBP Modernization Act, an importer of record (“IOR”) is the sole party responsible for determining the correct classification of imported goods (and thereby paying the correct amount of customs duties). An IOR must use reasonable care in classifying its product at the time of entry. Should an importer misclassify their products and not pay the appropriate duties to CBP at the time of importation; the importer is exposing itself to potential CBP penalties under 19 U.S.C. 1592. The process of classifying goods can be a tedious process and may require time and research to arrive at the correct HTSUS number for any one product.

This blog expands our prior blog, Crash Course in the Harmonized Tariff Schedule of the United States, and provides additional detail on the classification process and tips for importers to use when deciding on a classification its customs broker will declare to CBP. Importers are encouraged to attend the webinar How to Build and Maintain an Effective Import Compliance Plan on October 6, 2021 (and on-demand) for best practices on how to build and maintain an import compliance plan by addressing common risks associated with the import process – including product classification.

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By Jennifer Diaz|2021-10-01T09:48:07-04:00October 4, 2021|Best Practices, Enforcement, HTS, Import, Pre-compliance, U.S. Customs and Border Protection (CBP)|Comments Off

REGISTER TODAY! NEI Accredited Webinar Importing 101 – Introduction to U.S. Customs

Whether you are new to importing or seasoned, this one-hour webinar is a must attend. Register today to hear directly from this specialized, expert trio on the “Top 10 Tips When Importing to Ensure Compliance” with real case studies:

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By Jennifer Diaz|2021-10-07T14:59:28-04:00April 28, 2021|ACE, Best Practices, Counterfeits, CTPAT, Currency Seizure, Customs Broker, Customs Expert, Enforcement, Forced Labor, Freight Forwarding, HTS, ICE, Import, International Business, International Law, International Trade, IPR, Trademarks and Logos, Labeling, Labor Rights, Penalty, Pre-compliance, Reasonable Care, Seizures, Speaking, Supply Chain, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security (DHS)|Comments Off

Should You Get a Binding Ruling?

What is a Binding Ruling?

Pursuant to the Customs Modernization Act, when importing merchandise into the U.S., it is now the responsibility of the importer of record to use “reasonable care” to “enter,” “classify,” and “value” the goods and provide any other information necessary to enable U.S. Customs and Border Protection (CBP) to properly assess duties, collect accurate statistics, and determine whether all other applicable legal requirements are met.

A binding ruing request can be extremely beneficial to importers, because it can provide them with certainty regarding concerns they may have about their merchandise. […]

By Jennifer Diaz|2021-10-29T15:26:10-04:00July 30, 2018|Best Practices, Customs Broker, Import, U.S. Customs and Border Protection (CBP)|4 Comments

A Nightmare for an Importer: Being Accused of Fraud by U.S. Customs

It is common for an importer to receive a CBP Form 28 (Request for Information) and then a CBP Form 29 (Notice of Action) for incorrectly classifying merchandise.

By Jennifer Diaz|2009-10-01T21:36:08-04:00October 1, 2009|U.S. Customs and Border Protection (CBP)|2 Comments