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UNITED STATES CUSTOMS DUTIES ON AGRICULTURAL COMMODITIES

Overview
Under the World Trade Organization (WTO), Agreement on Agriculture, Uruguay Round Final Act 1994, member countries agreed not to permit additional import quotas. Countries with quotas already in affect, however, had the option to replace the quota with either a tariff rate quota (TRQ) or an absolute quota. TRQs allow imports to enter at reduced tariff rate until the quota has been maximized. After the quota is maximized, additional imports are subject to a much higher tariff rate. Absolute quotas, however, limit the quantity of goods that may enter the United States within a specific period. When an absolute quota is filled, further entries are prohibited during the remainder of the quota period.


Definitions
Quota - fixes the quantity of a specified commodity that can legally enter a country.

a. Absolute quotas - a maximum amount of a good that can enter the United States during a specific time period (for example one year).
  b. Tariff-rate quotas (TRQ’s) - a two-tiered tariff allowing a limited volume-the “quota” - to be imported at a lower rate, with imports above the quota subject to the higher tariff.

Tariff (also called Customs Duty or Import Tax)
a. Ad Valorem - a fixed percentage of the commodity’s value
  b. Specific - a fixed dollar amount per physical unit of a commodity c. Compound - combination of specific and Ad Valorem

Harmonized Tariff System (HTS) - an international coding system that provides duty rates for virtually all existing items trade worldwide.

U.S. Import Tariffs

HTS Number Product Name (description) Tariff
7108010 Bamboo shoots or water chestnuts, uncooked or cooked by steaming or boiling in water, frozen 0%
20059060 Bamboo shoots in airtight containers, prepared or preserved otherwise than by vinegar or acetic acid, not frozen, not preserved by sugar 0%
2071200 Chickens, not cut in pieces, frozen $0.088 X kilograms
2071400 Cuts and offal of chickens, frozen $0.176 X kilograms
8011100 Coconuts, desiccated 0%
8011900 Coconuts, fresh, in shell or shelled 0%
8119030 Coconut meat, frozen, in water or containing added sweetening 0%
15131100 coconut (copra) oil, crude, and its fractions, not chemically modified 0%
15131900 coconut (copra) oil, crude, and its fractions, whether or not refined, but not chemically modified 0%
20081915 Coconuts, otherwise prepared or preserved, nesi 1% X value
7099045 Sweet corn, fresh or chilled 21.3% X value
7104000 Sweet corn, uncooked or cooked by steaming or boiling in water, frozen 14% X value
20058000 Sweet corn, prepared or preserved otherwise than by vinegar, acetic acid or sugar, not frozen 5.6% X value
20031000 Mushrooms, prepared or preserved otherwise than by vinegar or acetic acid ($0.06 X kilograms) X (11.5% X value)
8043020 Pineapples, fresh or dried, not reduced in size, in bulk $0.0051 X kilograms
8043040 Pineapples, fresh or dried, not reduced in size in crates or other packages $0.0211 X kilograms
8043060 Pineapples, fresh or dried, reduced in size $0.0044 X kilograms
8119050 Pineapples, frozen in water or containing added sweetening $0.0025 X kilograms
8129040 Pineapples, provisionally preserved, $0.0025 X kilograms
20060040 Pineapples, preserved by sugar (drained, glace or crystallized) 21% X value
20082000 Pineapples, otherwise prepared or preserved, nesi $0.0035 X kilograms
20094020 Pineapple juice not concentrated, or not having a degree of concentration of more than 3.5 degrees $0.042 X liters
20094040 Pineapple juice, concentrated (in concentrations greater than 3.5 degrees) $0.01 X liters
3061300 Shrimps and prawns, cooked in shell or uncooked, dried salted or in brine, frozen 0 %
3062300 Shrimps and prawns, live, cooked in shell, or uncooked (in shell or not), dried, salted or in brine, not frozen 0%
16052005 Shrimp an prawn products containing fish meat; prepared meals of shrimps or prawns 5% X value
16052010 Shrimps and prawns, prepared or preserved, not containing fish meat, nesi 0 %
3023100 Albacore or longfinned tunas, fresh or chilled, excluding fillets, other meat portions, livers and roes 0 %
3023200 Yellowfin tunas, fresh or chilled, excluding fillets, other meat portions, livers and roes 0 %
3023900 Tunas nesi, fresh or chilled, excluding fillets, other meat portions, livers and roes 0 %
3034100 Albacore or longfinned tunas, frozen, excluding fillets, other meat portions, livers and roes 0 %
3034200 Yellowfin tunas, frozen, excluding fillets, other meat portions, livers and roes 0 %
3034900 Tunas, nesi, frozen, excluding fillets, other meat portions, livers and roes 0 %
3034900 Tunas, nesi, frozen, excluding fillets, other meat portions, livers and roes 0 %
16041410 Tunas and skipjack, whole or in pieces, but not minced, in oil, in airtight containers 35% X value
16041420* Tunas and skipjack, not in oil, in airtight cont., n/o 7 kg, not of U.S. possessions, product within quota 6% X value
16041430* Tunas and skipjack, not in oil, in airtight containers, n/o 7 kg, not of U.S. possessions, over quota 12.5% X value
16041440 Tunas and skipjack, not in airtight containers, not in oil, in bulk or in immediate containers weighing with contents over 6.8 kg each $0.011 X kilograms
16041441 Tunas and skipjack, not in airtight containers, not in oil, in bulk or in immediate containers weighing with contents over 6.8 kg each $0.011 X kilograms

* The tariff-rate quota for tuna canned, not in oil, is calculated at 20% of U.S. domestic production from the immediately preceding year, as reported by the National Marine Fisheries Service (NMFS).

Other Duties If an association of U.S. companies feel that overseas companies are exporting their products to the U.S. at less than fair market value, a price below what the goods would cost in the exporter’s home market, the U.S. companies may file an antidumping petition with the U.S. Department of Commerce (DOC). However, anti-dumping duties are only applied when the U.S. companies are able to prove that the less than fair market price is causing unfair injury to the U.S. companies. Such was the case against Thai pineapple producers. In the case of the Thai crabmeat, however, the DOC ruled in favor of the foreign exporters after the DOC investigation found no evidence of injury. Therefore, no additional duties were applied to further imports of crabmeat.

Other Importing Requirements In addition to Customs requirements, importers are also subject to other laws and regulations, pertaining to food safety, quality and product standards. These laws are administered by other U.S. government agencies with which Customs cooperates in enforcement. Agricultural commodities alone, as compared with other imported goods, are subject to regulations by the U.S. Department of Agriculture, the Federal Drug Administration under the U.S. Department of Health and Human Services (HHS) and the NMFS under the U.S. Department of Commerce (USDOC). Furthermore, exporters should make certain that their United States importer has provided proper information to (1) permit the submission of necessary information concerning packing, labeling, etc., and (2) that necessary arrangements have been made by the importer for entry of the merchandise into the United States. It is significant to know that U.S. agencies deal exclusively with the domestic importers not with the foreign exporters. Therefore, it is crucial that direct communication between you and your U.S. importer has been established.

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