Background

The International Trade Commission has submitted to the president its recommendations on modifications to the Harmonized Tariff Schedule of the U.S. that would reflect changes to the international Harmonized System that are slated to take effect Jan. 1, 2022. The ITC is also recommending a modification to the HTSUS to classify blanched peanuts in heading 1202 instead of heading 2008.

For more information on the HTSUS and classification issues, please contact attorney Deb Stern at (305) 894-1007 or via email

According to the ITC, the recommendations would modify the HTSUS with respect to 350 products and product groups, including the following.

- 3-D printers

- amusement park equipment

- cell therapy products

- cultural articles (i.e., antiquities)

- edible insect products

- edible microbial fats and oils

- electric vehicles

- electronic textiles

- electronic waste (e-waste) and other hazardous waste

- fentanyl-opioid substances and derivatives controlled by the International Narcotics Control Board

- flat panel display modules

- hazardous chemicals controlled by the Rotterdam Convention

- novel tobacco products intended for inhalation without combustion

- ozone-depleting substances controlled by the Montreal Protocol

- parts for improvised explosive devices

- placebos and double-blind clinical trial kits

- rapid diagnostic test kits for detecting the Zika virus and other mosquito-borne diseases

- smartphones

- unmanned aerial vehicles (i.e., drones)

- virgin and extra virgin olive oil

An ITC publication (available here) sets forth conforming modifications to the HTSUS, including article descriptions and heading and subheading numbers. Some of these would delete existing headings or subheadings and insert new ones. In addition, some recommendations would modify section notes, chapter notes, additional U.S. notes, and general notes.

However, the ITC states that the recommendations ensure substantial duty rate neutrality and would not alter existing conditions of competition for affected U.S. industries, labor, or trade.

Following a 60-day layover period before Congress, the president is authorized to proclaim the HTSUS modifications, which will enter into force Jan. 1, 2022.

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