Htsus 9802.00.80

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Foreign Assemblers Declaration (with Endorsement by Importer)

HTSUS 9802.00.80

OMB: 1651-0031

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Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SECTION XXII
SPECIAL CLASSIFICATION PROVISIONS;
TEMPORARY LEGISLATION; TEMPORARY MODIFICATIONS ESTABLISHED
PURSUANT TO TRADE LEGISLATION; ADDITIONAL IMPORT RESTRICTIONS
ESTABLISHED PURSUANT TO SECTION 22 OF THE AGRICULTURAL
ADJUSTMENT ACT, AS AMENDED
XXII-1

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

CHAPTER 98
SPECIAL CLASSIFICATION PROVISIONS
XXII
98-1
U.S. Notes
1. The provisions of this chapter are not subject to the rule of relative specificity in general rule of interpretation 3(a). Any article which is
described in any provision in this chapter is classifiable in said provision if the conditions and requirements thereof and of any applicable
regulations are met.
2. In the absence of a specific provision to the contrary, the tariff status of an article is not affected by the fact that it was previously
imported into the customs territory of the United States and cleared through customs whether or not duty was paid upon such previous
importation.
3. Any article exempted under subchapters IV through VII, inclusive, or subchapter IX from the payment of duty shall be exempt also from
the payment of any internal-revenue tax imposed upon or by reason of importation.
Statistical Notes
1. Statistical data are not to be furnished with respect to articles classified in those headings of this chapter for which no statistical suffix is
shown.
2. For articles provided for in this chapter, the rate of duty for which is derived from a provision elsewhere in the tariff schedule, the
citation to be used in statistical reporting shall be the 10-digit statistical reporting number provided in this chapter followed by the
reporting number of the provision from which such rate is derived. The unit of quantity reported hereunder for such articles shall be the
same as the unit of quantity for the provision from which the rate was derived. For example, 10 new fully automatic arc welding
machines exported for repairs or alterations pursuant to a warranty and returned to the United States the statistical reporting number
shall be 9802.00.4040-8515.31.0000, with the quantity being shown as 10 and the value as dutiable value.

NOTICE TO EXPORTERS

The statistical reporting numbers contained in this chapter apply only to imports and
may not be reported on Shipper’s Export Declarations. See Notice to Exporters
preceding chapter 1.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER I
ARTICLES EXPORTED AND RETURNED, NOT ADVANCED OR
IMPROVED IN CONDITION; ANIMALS EXPORTED AND RETURNED
XXII
98-3
U.S. Notes
1. The provisions in this subchapter (except subheadings 9801.00.70 and 9801.00.80) shall not apply to any article:
(a)

Exported with benefit of drawback;

(b)

Of a kind with respect to the importation of which an internal-revenue tax is imposed at the time such article is entered, unless
such article was subject to an internal-revenue tax imposed upon production or importation at the time of its exportation from the
United States and it shall be proved that such tax was paid before exportation and was not refunded; or

(c)

Manufactured or produced in the United States in a customs bonded warehouse or under heading 9813.00.05 and exported
under any provision of law.

2. For the purposes of subheadings 9801.00.70 and 9801.00.80:
(a)

When because of the destruction of customs records or for other cause it is impracticable to establish whether drawback was
allowed, or the amount allowed, on a returned article, there shall be assessed thereon an amount of duty equal to the estimated
drawback and internal-revenue tax which would be allowable or refundable if the imported merchandise used in the manufacture
or production of the returned article were dutiable or taxable at the rate applicable to such merchandise on the date of entry, but
in no case more than the duty and tax that would apply if the article were wholly of foreign origin;

(b)

Tobacco products and cigarette papers and tubes classifiable under such subheading may be released from customs custody,
without payment of that part of duty attributable to the internal-revenue tax, for return to internal-revenue bond as provided by
section 5704(d) of the Internal Revenue Code of 1954; and

(c)

In order to facilitate the ascertainment and collection of the duty provided for, the Secretary of the Treasury is authorized to
ascertain and specify the amounts of duty equal to drawback or internal-revenue tax which shall be applied to articles or classes
or kinds of articles, and to exempt from the assessment of duty articles or classes or kinds of articles with respect to which the
collection of such duty involves expense and inconvenience to the Government which is disproportionate to the probable amount
of such duty.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-4
Heading/ Stat.
Subheading Suffix

9801.00.10

Article Description

Unit
of
Quantity

Rates of Duty
1
General

Products of the United States when returned after having
been exported, without having been advanced in value or
improved in condition by any process of manufacture or
other means while abroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free
10
Articles previously exported with intent to reimport
after temporary use abroad . . . . . . . . . . . . . . . . . . . . . X
12

15
26
27
29
31
35

Articles returned temporarily for repair, alteration,
processing or the like, the foregoing to be reexported . X
Other:
Meat and poultry products provided for in
chapter 2 or 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg
Peanuts provided for in heading 1202 . . . . . . . . . .
Articles provided for in chapter 28 . . . . . . . . . . . . .
Articles provided for in chapter 37 . . . . . . . . . . . . .
Articles provided for in chapter 82 . . . . . . . . . . . . .
Articles provided for in chapter 84:
Articles provided for in headings 8407.10,
8409.10, 8411 or 8412.10 . . . . . . . . . . . . . . . .

kg
X
X
X
X

Articles provided for in headings 8419.31,
8424.81, 8424.90, 8429.11, 8429.19,
8431.42, 8432, 8433, 8434 or 8436 . . . . . . . . . X

Articles provided for in headings 8469, 8470,
8471, 8472 or 8473 . . . . . . . . . . . . . . . . . . . . . X

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X
Articles provided for in chapter 85:
Articles provided for in headings 8501, 8502
or 8503 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X

49
51
53
55
59
63
65

Articles provided for in heading 8504 . . . . . . . . X
Articles provided for in headings 8517, 8520,
8525, 8527 or 8529 . . . . . . . . . . . . . . . . . . . . . X
Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Articles provided for in chapter 86 . . . . . . . . . . . . .
Articles provided for in chapter 87:
Articles provided for in heading 8701 . . . . . . . .
Articles provided for in heading 8703 . . . . . . . .

X
X
X
X

Articles provided for in headings 8706, 8707
or 8708 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X

Articles provided for in headings
8705 or 8709 . . . . . . . . . . . . . . . . . . . . . . . . . . X

71
75
77
79
81
89
90
92
94
97

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Articles provided for in chapter 88:
Articles provided for in headings 8801 or 8802 .
Articles provided for in headings 8803 or 8804 .
Article provided for in heading 8805 . . . . . . . . .
Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Articles provided for in chapter 89 . . . . . . . . . . . . .
Articles provided for in chapter 90 . . . . . . . . . . . . .
Articles provided for in chapter 94:
Articles provided for in headings 9401, 9402
or 9403 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X
X
X
X
X
X
X
X

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X
Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X

2
Special

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-5
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

9801.00.20 00 Articles, previously imported, with respect to which the
duty was paid upon such previous importation or which
were previously free of duty pursuant to the Caribbean
Basin Economic Recovery Act or Title V of the Trade Act
of 1974, if (1) reimported, without having been advanced in
value or improved in condition by any process of
manufacture or other means while abroad, after having
been exported under lease or similar use agreements,
and (2) reimported by or for the account of the person
who imported it into, and exported it from, the
United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

Free

9801.00.25 00 Articles, previously imported, with respect to which the
duty was paid upon such previous importation if
(1) exported within three years after the date of such
previous importation, (2) reimported without having been
advanced in value or improved in condition by any process
of manufacture or other means while abroad,
(3) reimported for the reason that such articles do not
conform to sample or specifications, and (4) reimported
by or for the account of the person who imported them
into, and exported them from, the United States . . . . . . . . X . . . . . . Free

Free

9801.00.26 00 Articles, previously imported, with respect to which the
duty was paid upon such previous importation, if:
(1) exported within 3 years after the date of such previous
importation; (2) sold for exportation and exported to
individuals for personal use; (3) reimported without having
been advanced in value or improved in condition by any
process of manufacture or other means while abroad;
(4) reimported as personal returns from those individuals,
whether or not consolidated with other personal returns
prior to reimportation; and (5) reimported by or for the
account of the person who exported them from the United
States within 1 year of such exportation . . . . . . . . . . . . . . . X . . . . . . Free

Free

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-6
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

9801.00.30 00 Any aircraft engine or propeller, or any part or accessory
of either, previously imported, with respect to which the
duty was paid upon such previous importation, if
(1) reimported without having been advanced in value or
improved in condition by any process of manufacture or
other means while abroad, after having been exported
under loan, lease or rent to an aircraft owner or operator
as a temporary replacement for an aircraft engine being
overhauled, repaired, rebuilt or reconditioned in the
United States, and (2) reimported by or for the account
of the person who exported it from the United States . . . . . X . . . . . . Free

Free

Articles, when returned after having been exported for
use temporarily abroad solely for any of the following
purposes, if imported by or for the account of the
person who exported them:
Exhibition, examination or experimentation, for
9801.00.40 1/
scientific or educational purposes . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

9801.00.50 1/

Exhibition in connection with any circus or menagerie . . . . . . . . . . . Free

Free

9801.00.60 1/

Exhibition or use at any public exposition, fair or
conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

Rendition of geophysical or contracting services in
connection with the exploration for, or the extraction
or development of, natural resources . . . . . . . . . . . . . . . . . . . . . . . Free

Free

9801.00.65 1/

1/ See chapter 98 statistical note 1.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-7
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

Articles previously exported from the United States which-except for U.S. note 1 of this subchapter--would qualify
for free entry under one of the foregoing items and are not
otherwise free of duty:
9801.00.70 00
Aircraft exported from the United States with benefit of
drawback or heading 9813.00.05 . . . . . . . . . . . . . . . . . X . . . . . . A duty equal
to the duty
upon the
importation
of like articles
not previously
exported, but
in no case
in excess
of the sum
of (a) any
customs
drawback
proved to
have been
allowed upon
such
exportation,
and (b) the
duty which
would have
been
payable on
any articles
used in the
manufacture
or production
of such
aircraft had
they not
been entered
and
exported
under
heading
9813.00.05

1/ See chapter 98 statistical note 1.

2
Special

Free (CA,IL,JO,
MX)

A duty
equal to
the duty
upon the
importation
of like
articles not
previously
exported,
but in no
case in
excess of
the sum of
(a) any
customs
drawback
proved to
have been
allowed
upon such
exportation,
and (b) the
duty which
would have
been
payable on
any articles
used in the
manufacture
or
production
of such
aircraft
had they
not been
entered
and
exported
under
heading
9813.00.05

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-8
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

Articles previously exported from the United States which-except for U.S. note 1 of this subchapter--would qualify for
free entry under one of the foregoing items and are not
otherwise free of duty (con.):
9801.00.80 00
Other, except articles excluded by U.S. note 1(c) of
this subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . A duty (in
lieu of any
other duty
or tax)
equal to
the sum of
any duty
and internalrevenue
tax imposed
upon the
importation
of like
articles not
previously
exported,
but in no
case in
excess of the
sum of (a)
any customs
drawback
proved to
have been
allowed
upon such
exportation
of the article,
and (b) any
internalrevenue
tax imposed,
at the time
such article is
entered,
upon the
importation
of like
articles not
previously
exported

9801.00.85 00 Professional books, implements, instruments, and tools
of trade, occupation, or employment, when returned to the
United States after having been exported for use
temporarily abroad, if imported by or for the account of the
person who exported such items . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

2
Special

Free (CA,IL,JO,
MX)

A duty (in
lieu of
any other
duty or
tax) equal
to the sum
of any
duty and
internalrevenue
tax imposed
upon
the
importation
of like
articles not
previously
exported,
but in no
case in
excess of
the sum of
(a) any
customs
drawback
proved to
have been
allowed
upon such
exportation
of the
article, and
(b) any
internalrevenue
tax imposed,
at the time
such article
is entered,
upon the
importation
of like
articles not
previously
exported

Free

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-9
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

9801.00.90 00 Animals, domesticated, straying across the boundary line
into any foreign country, or driven across such boundary
line by the owner for temporary pasturage purpose only,
together with their offspring; all the foregoing if brought
back to the United States within 8 months . . . . . . . . . . . . . No. . . . . . Free

2
Special

Free

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER II
ARTICLES EXPORTED AND RETURNED, ADVANCED OR IMPROVED ABROAD
XXII
98-11
U.S. Notes
1. Except for goods subject to NAFTA drawback, this subchapter shall not apply to any article exported:
(a)

From continuous customs custody with remission, abatement or refund of duty;

(b)

With benefit of drawback;

(c)

To comply with any law of the United States or regulation of any Federal agency requiring exportation; or

(d)

After manufacture or production in the United States under heading 9813.00.05.

2. (a)

(b)

Except as provided in paragraph (b), any product of the United States which is returned after having been advanced in value or
improved in condition abroad by any process of manufacture or other means, or any imported article which has been assembled
abroad in whole or in part of products of the United States, shall be treated for the purposes of this Act as a foreign article, and, if
subject to a duty which is wholly or partly ad valorem, shall be dutiable, except as otherwise prescribed in this part, on its full value
determined in accordance with section 402 of the Tariff Act of 1930, as amended. If such product or such article is dutiable at a
rate dependent upon its value, the value for the purpose of determining the rate shall be its full value under the said section 402.
No article (except a textile article, apparel article, or petroleum, or any product derived from petroleum, provided for in heading
2709 or 2710) may be treated as a foreign article, or as subject to duty, if-(I)

the article is-(A)

assembled or processed in whole of fabricated components that are a product of the United States, or

(B)

processed in whole of ingredients (other than water) that are a product of the United States,

in a beneficiary country; and
(ii) neither the fabricated components, materials or ingredients, after exportation from the United States, nor the article itself, before
importation into the United States, enters the commerce of any foreign country other than a beneficiary country.
As used in this paragraph, the term "beneficiary country" means a country listed in general note 7(a).
3. Articles repaired, altered, processed or otherwise changed in condition abroad.--The following provisions apply only to subheadings
9802.00.40 through 9802.00.60, inclusive:
(a)

The value of repairs, alterations, processing or other change in condition outside the United States shall be:
(I)

The cost to the importer of such change; or

(ii)

If no charge is made, the value of such change,

as set out in the invoice and entry papers; except that, if the appraiser concludes that the amount so set out does not represent a
reasonable cost or value, then the value of the change shall be determined in accordance with section 402 of the Tariff Act of
1930, as amended.
(b)

No appraisement of the imported article in its changed condition shall be required unless necessary to a determination of the rate
or rates of duty applicable to such article.

(c)

The duty, if any, upon the value of the change in condition shall be at the rate which would apply to the article itself, as an entirety
without constructive separation of its components, in its condition as imported if it were not within the purview of this subchapter.
If the article, as returned to the United States, is subject to a specific or compound rate of duty, such rate shall be converted to
the ad valorem rate which when applied to the full value of such article determined in accordance with said section 402 would
provide the same amount of duties as the specific or compound rate. In order to compute the duties due, the ad valorem rate so
obtained shall be applied to the value of the change in condition made outside the United States.

(d)

For the purposes of subheadings 9802.00.40 and 9802.00.50, the rates of duty in the "Special" subcolumn of column 1 followed
by the symbol "CA" or "MX" in parentheses shall apply to any goods which are returned to the United States after having been
repaired or altered in Canada or in Mexico, respectively, whether or not such goods are goods of Canada or goods of Mexico
under the terms of general note 12 to the tariff schedule.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

XXII
98-12
U.S. Notes (con.)
(e)

For purposes of subheading 9802.00.60, the term "metal" covers (1) the base metals enumerated in note 3 to section XV; (2)
arsenic, barium, boron, calcium, mercury, selenium, silicon, strontium, tellurium, thorium, uranium and the rare-earth elements;
and (3) alloys of any of the foregoing.

4. Articles assembled abroad with components produced in the United States.--The following provisions apply only to headings
9802.00.80 and 9802.00.90:
(a)

The value of the products of the United States assembled into the imported article shall be:
(I)

The cost of such products at the time of the last purchase; or

(ii)

If no charge is made, the value of such products at the time of the shipment for exportation,

as set out in the invoice and entry papers; except that, if the appraiser concludes that the amount so set out does not represent a
reasonable cost or value, then the value of such products shall be determined in accordance with section 402 of the Tariff Act of
1930, as amended.
(b)

The duty, if any, on the imported article shall be at the rate which would apply to the imported article itself, as an entirety without
constructive separation of its components, in its condition as imported if it were not within the purview of this subchapter. If the
imported article is subject to a specific or compound rate of duty, the total duties shall be reduced in such proportion as the cost
or value of such products of the United States bears to the full value of the imported article.

5. No imported article shall be accorded partial exemption from duty under more than one provision in this subchapter.
6. Notwithstanding the partial exemption from ordinary customs duties on the value of the metal product exported from the United States
provided under subheading 9802.00.60, articles imported under subheading 9802.00.60 are subject to all other duties, and any other
restrictions or limitations, imposed pursuant to title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), or chapter 1 of title II or
chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2251 et seq., 19 U.S.C. 2411 et seq.).

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

XXII
98-13
U.S. Notes (con.)
7. (a)

For purposes of the special tariff treatment authorized by the African Growth and Opportunity Act (AGOA) (title I of Pub.L. No.
106-200) for certain goods of heading 9802.00.80 imported directly from those beneficiary sub-Saharan African countries
previously designated by proclamation that are subsequently enumerated in a notice published in the Federal Register by the
United States Trade Representative (USTR) as having been determined to have satisfied the requirements of the AGOA and
therefore to be afforded such tariff treatment, the duty-free treatment indicated for such heading shall apply only to apparel
articles sewn or otherwise assembled in one or more such beneficiary countries from fabrics wholly formed and cut, or from
components knit-to-shape, in the United States, from yarns wholly formed in the United States (including fabrics not formed from
yarns, if such fabrics are classifiable under heading 5602 or 5603 of chapter 56 and are wholly formed and cut in the United
States). Articles otherwise eligible to enter under this heading, and which satisfy the conditions set forth in U.S. note 3 to
subchapter XIX of this chapter, shall not be ineligible to enter under this heading. Such countries shall be enumerated in this note
whenever the USTR issues a Federal Register notice as described herein. Articles covered by the provisions of this note shall be
eligible to enter the customs territory of the United States free of quantitative limitations. The USTR has determined that the
following countries have adopted an effective visa system and related procedures and have satisfied the customs requirements of
the AGOA and, therefore, are to be afforded the tariff treatment provided for in this note:
Botswana, Cameroon, Cape Verde, Ethiopia, Ghana, Kenya, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia,
Rwanda, Senegal, South Africa, Swaziland, Tanzania, Uganda, Zambia

(b)

For purposes of heading 9802.00.80, duty-free treatment shall be accorded to the following articles imported directly from a
beneficiary United States-Caribbean Basin Trade Partnership Act (CBTPA) country previously designated by the President in a
proclamation issued pursuant to such Act and enumerated in general note 17(a) to the tariff schedule-(i)

apparel articles sewn or otherwise assembled in one or more such beneficiary countries from fabrics wholly formed and cut,
or from components knit-to-shape, in the United States, from yarns wholly formed in the United States (including fabrics not
formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of chapter 56 and are wholly formed and cut
in the United States) provided they otherwise comply with the provisions of this note; or

(ii)

textile luggage assembled in a designated beneficiary country from fabric wholly formed and cut in the United States, from
yarns wholly formed in the United States.

Articles otherwise eligible to enter under this heading, and which satisfy the conditions set forth in U.S. note 3 to subchapter XX of
this chapter, shall not be ineligible to enter under this heading. Articles covered by the terms of this note shall be admitted into the
customs territory of the United States free of quantitative limitations. Apparel articles entered on or after September 1, 2002, that
are assembled in a beneficiary CBTPA country from knitted or crocheted fabrics or from woven fabrics shall be eligible to receive
the duty treatment provided for in this note only if all dyeing, printing and finishing of such fabrics from which the articles are
assembled is carried out in the United States. The following countries have been determined by the USTR to have satisfied the
customs requirements of the CBTPA and, therefore, to be afforded the tariff treatment provided for in this note:
Barbados, Belize, Costa Rica, Dominican Republic, El Salvador, Guatemala, Guyana, Haiti, Honduras, Jamaica, Nicaragua,
Panama, Saint Lucia, Trinidad and Tobago
(c)

For purposes of heading 9802.00.80, duty-free treatment shall be accorded only to textile luggage assembled in a designated
Andean Trade Promotion and Drug Eradication Act beneficiary country enumerated in U.S. note 1 to subchapter XXI of this
chapter from fabric wholly formed and cut in the United States, from yarns wholly formed in the United States.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

XXII
98-14
Statistical Notes
1.

For articles admitted under statistical reporting number 9802.00.6000, 9802.00.8015, 9802.00.8016, 9802.00.8055 or
9802.00.8068 two values shall be reported--the first following the first statistical reporting number of the statistical citation (i.e.,
9802.00.6000, 9802.00.8015, 9802.00.8016, 9802.00.8055 or 9802.00.8068) and the second following the statistical reporting
number of the provision in chapters 1-97 from which the rate of duty is derived, as follows:

(a)

For statistical reporting number 9802.00.6000:

(b)

(i)

The total value of the article less the value of the foreign processing; and

(ii)

The dutiable value, i.e., the value of the foreign processing, respectively.

For statistical reporting number 9802.00.8015, 9802.00.8016, 9802.00.8055 or 9802.00.8068:
(i)

The value of the U.S. fabricated components; and

(ii)

The dutiable value, i.e., the total value of the articles less the value of the U.S. fabricated components, respectively.

2. For articles for which duty free treatment is claimed under U.S. note 2(b) or 7 to subchapter II of this chapter, the citation to be used in
statistical reporting shall be the 10-digit statistical reporting number provided in this subchapter followed by the reporting number of the
provision in chapters 1 through 97 which would ordinarily apply to the articles. The unit of quantity reported hereunder for such articles
shall be the same as the unit of quantity for the provision from chapters 1 through 97.
For articles admitted under statistical reporting numbers 9802.00.5010, 9802.00.8040, 9802.00.8042, 9802.00.8044, 9802.00.8046
and 9802.00.8048 two values shall be reported--the first following the first statistical reporting number of the statistical citation (i.e.,
9802.00.5010, 9802.00.8040, 9802.00.8042, 9802.00.8044, 9802.00.8046 or 9802.00.8048) and the second following the statistical
reporting number of the provision in chapters 1-97 which would ordinarily apply:
(a)

(b)

For statistical reporting number 9802.00.5010:
(i)

The total value of the article less the value of the foreign processing; and

(ii)

The dutiable value, i.e., the value of the foreign processing, respectively.

For statistical reporting numbers 9802.00.8040, 9802.00.8042, 9802.00.8044, 9802.00.8046 and 9802.00.8048:
(i)

The value of the U.S. fabricated components or materials; and

(ii)

The dutiable value, i.e., the total value of the articles less the value of the U.S. fabricated components,
respectively.

3. For articles admitted under statistical reporting number 9802.00.9000 the citation to be used in statistical reporting shall be
9802.00.9000 followed by the statistical reporting number of the provision in chapters 1-97 which would ordinarily apply to the articles.
The unit of quantity reported hereunder for such articles shall be the same as the unit of quantity for the provision from chapters 1 to 97.
In addition, two values shall be reported--the first following statistical reporting number 9802.00.9000 and the second following the
statistical reporting number from chapters 1-97, as follows:
(a)

The value of the products of the United States assembled into the imported articles; and

(b)

The total value of the articles less the value of the products of the United States assembled into the imported articles,
respectively.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-15
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

9802.00.20 00 Photographic films and dry plates manufactured in the
United States (except motion-picture films to be used for
commercial purposes) and exposed abroad, whether
developed or not . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free
Articles returned to the United States after having been
exported to be advanced in value or improved in condition
by any process of manufacture or other means:
Articles exported for repairs or alterations:
9802.00.40
Repairs or alterations made pursuant to
a warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A duty upon
the value
of the
repairs or
alterations
(see U.S.
note 3 of
this
subchapter)
20
Internal combustion engines . . . . . . . . . . . . . . . 1/
1/
40
Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1/
1/
9802.00.50
Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A duty upon
the value
of the repairs
or alterations
(see U.S.
note 3 of
this
subchapter)
10
2/
30
1/
60
1/
9802.00.60 00
1/

Articles for which duty free treatment is claimed
under U.S. note 2(b) to this subchapter . . . . . .

Other:
Internal combustion engines . . . . . . . . . . . .

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Any article of metal (as defined in U.S.
note 3(e) of this subchapter) manufactured in the
United States or subjected to a process of
manufacture in the United States, if exported for
further processing, and if the exported article as
processed outside the United States, or the article
which results from the processing outside the
United States, is returned to the United
States for further processing . . . . . . . . . . . . . . . . . . . .

1/ See chapter 98 statistical note 2.
2/ See subchapter II statistical note 2.
3/ See subchapter II statistical note 1.

1/ 3/

A duty upon
the value
of such
processing
outside the
United
States (see
U.S. note 3
of this
subchapter)

Free

Free (B,C,CA,IL,
JO,MX)

A duty upon
the value
of the
repairs or
alterations
(see
U.S. note
3 of this
subchapter)

Free (IL,JO,MX)
A duty upon the
value of the
repairs or
alterations (see
U.S. note 3 of
this subchapter)
(B,C,CA)

A duty upon
the value
of the
repairs or
alterations
(see U.S.
note 3 of this
subchapter)

Free (IL)
A duty upon
the value of such
processing
outside the
United States
(see U.S. note 3
of this
subchapter)
(B,C,CA,JO,MX)

A duty upon
the value
of such
processing
outside
the United
States
(see U.S.
note 3
of this
subchapter)

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-16
Heading/ Stat.
Subheading Suffix

9802.00.80

Article Description

Unit
of
Quantity

Rates of Duty
1
General

Articles, except goods of heading 9802.00.90 and goods
imported under provisions of subchapter XIX of this
chapter and goods imported under provisions of
subchapter XX, assembled abroad in whole or in part of
fabricated components, the product of the United States,
which (a) were exported in condition ready for assembly
without further fabrication, (b) have not lost their physical ,
identity in such articles by change in form, shape or
otherwise, and (c) have not been advanced in value or
improved in condition abroad except by being assembled
and except by operations incidental to the assembly
process such as cleaning, lubricating and painting . . . . . . . . . . . . . . . . A duty upon
the full
value of
the imported
article,
less the
cost or
value of
such
products of
the United
States (see
U.S. note 4
of this
subchapter)

15
1/

Articles eligible pursuant to bilateral textile
agreements for entry under a Special Access
Program and entered in compliance with procedures
established by the Committee for the
Implementation of Textile Agreements (CITA) . . . . . . .

1/ 2/

Articles eligible pursuant to bilateral textile
agreements for entry under the Outward Processing
Programs and entered in compliance with
procedures established by the Committee for the
Implementation of Textile Agreements (CITA) . . . . . . .

1/ 2/

40
3/

Articles for which duty free treatment is claimed
under U.S. note 2(b) to this subchapter . . . . . . . . . . . .

42
3/

Articles for which duty free treatment is claimed
under U.S. note 7(a) to this subchapter . . . . . . . . . . . .

44
3/

Articles for which duty free treatment is claimed
under U.S. note 7(b)(i) to this subchapter . . . . . . . . . . .

46
3/

Articles for which duty free treatment is claimed
under U.S. note 7(b)(ii) to this subchapter . . . . . . . . . .

48
3/

Articles for which duty free treatment is claimed
under U.S. note 7(c) to this subchapter . . . . . . . . . . . .

55
1/

Textile or apparel goods described in additional
U.S. note 3(c) to section XI . . . . . . . . . . . . . . . . . . . . . .

1/ 2/

68
1/

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1/ 2/

16
1/

1/ See chapter 98 statistical note 2.
2/ See subchapter II statistical note 1.
3/ See subchapter II statistical note 2.

2
Special

Free (IL)
A duty upon
the full value of
the imported
article, less the
cost or value of
such products
of the United
States (see U.S.
note 4 of this
subchapter) (B,C,
CA,E,J,JO,MX)
Free, for products
described in U.S.
note 7 to this
subchapter
Free, for qualifying
articles from subSaharan African
countries
enumerated in
U.S. note 7 to this
subchapter

A duty upon
the full
value of
the imported
article,
less the
cost or
value of
such
products of
the United
States
(see U.S.
note 4 of
this
subchapter)

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-17
Heading/ Stat.
Subheading Suffix

Article Description

9802.00.90 00 Textile and apparel goods, assembled in Mexico in
1/ which all fabric components were wholly formed and cut
in the United States, provided that such fabric
components, in whole or in part, (a) were exported in
condition ready for assembly without further fabrication,
(b) have not lost their physical identity in such articles
by change in form, shape or otherwise, and (c) have not
been advanced in value or improved in condition abroad
except by being assembled and except by operations
incidental to the assembly process; provided that goods
classifiable in chapters 61, 62 or 63 may have been
subject to bleaching, garment dyeing, stone-washing,
acid-washing or perma-pressing after assembly as
provided for herein . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1/ See subchapter II statistical note 3.

Unit
of
Quantity

Rates of Duty
1
General

Free (see
U.S. note 4
of this
subchapter)

2
Special

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER III
SUBSTANTIAL CONTAINERS OR HOLDERS
XXII
98-19
U.S. Notes
1. This subchapter covers only the following:
(a)

Substantial containers or holders which are subject to tariff treatment as imported articles and are:
(I) Imported empty and not within the purview of a provision which specifically exempts them from duty; or
(ii) Imported containing or holding articles, and which are not of a kind normally sold therewith or are
entered separately therefrom; and

(b)

Certain repair components, accessories and equipment.

2. This subchapter does not apply to any container or holder:
(a)

Exported with benefit of drawback and returned empty; or

(b)

Manufactured or produced in the United States in a customs bonded warehouse or under heading 9813.00.05 and exported
under any provision of law.

3. In order to facilitate the prompt clearance at ports of entry of substantial containers and holders provided for in this subchapter, the
Secretary of the Treasury is authorized:
(a)

To permit the admission thereof without entry if readily identifiable as meeting the conditions of free entry set forth in this
subchapter; and

(b)

To permit any duties thereon to be paid cumulatively from time to time either before or after their importation when conditions
exist which permit adequate customs controls to be maintained.

4. Instruments of international traffic, such as containers, lift vans, rail cars and locomotives, truck cabs and trailers, etc. are exempt from
formal entry procedures but are required to be accounted for when imported and exported into and out of the United States,
respectively, through the manifesting procedures required for all international carriers by the United States Customs Service. Fees
associated with the importation of such instruments of international traffic shall be reported and paid on a periodic basis as required by
regulations issued by the Secretary of the Treasury and in accordance with 1956 Customs Convention on Containers (20 UST 30; TIAS
6634).

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-20
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

9803.00.50 1/ Substantial containers and holders, if products of the
United States (including shooks and staves of United
States production when returned as boxes or barrels
containing merchandise), or if of foreign production and
previously imported and duty (if any) thereon paid, or if of
a class specified by the Secretary of the Treasury as
instruments of international traffic, repair components for
containers of foreign production which are instruments of
international traffic, and accessories and equipment for
such containers, whether the accessories and equipment
are imported with a container to be reexported separately
or with another container, or imported separately to be
reexported with a container . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

1/ See chapter 98 statistical note 1.

2
Special

Free

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER IV
PERSONAL EXEMPTIONS EXTENDED TO RESIDENTS
AND NONRESIDENTS
XXII
98-21
U.S. Notes
l.

If:
(a)

Any jewelry or similar articles of personal adornment having an aggregate value of $300 or more which have been exempted
from duty under subheading 9804.00.20 is sold within 3 years after the date of importation; or

(b)

Any article which has been exempted from duty under subheading 9804.00.35 is sold within 1 year after the date of importation;
or

(c)

Any automobile exempted from duty under subheading 9804.00.60 is used otherwise than for the purpose therein expressed or is
not returned abroad within the time and manner prescribed by the Secretary of the Treasury,

without prior payment to the United States of the duty which would have been payable at the time of entry if the article had been
entered without the benefit of any of these subheadings, such article, or its value (to be recovered from the importer), shall be subject
to forfeiture. An article sold pursuant to a judicial order or in liquidation of the estate of a decedent shall not be subject to the provisions
of this note.
2. In the case of persons arriving from a contiguous country which maintains a free zone or free port, if the Secretary of the Treasury
deems it necessary in the public interest and to facilitate enforcement of the requirement that the exemption in subheading 9804.00.70
shall apply only to articles acquired as an incident of the foreign journey, he shall prescribe by regulation or instruction, the application of
which may be restricted to one or more ports of entry, that such exemption shall be allowed only to residents who have remained
beyond the territorial limits of the United States for not less than a specified period, not to exceed 24 hours, and, after the expiration of
90 days after the date of such regulation or instruction, allowance of the said exemption shall be subject to the limitations so prescribed.
3. A person arriving in the United States:
(a)

On duty as an employee of a vessel, vehicle or aircraft, engaged in international traffic, or

(b)

From a trip during which he was so employed,

shall not be entitled to the exemptions provided for in this subchapter (other than those in heading 9804.00.80), unless he is
permanently leaving such employment without the intention of resuming it on the same or another carrier.
4. As used in subheadings 9804.00.70 and 9804.00.72, the term "beneficiary country" means a country listed in general notes 7(a) or
11(a).

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-22
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

Articles imported by or for the account of any person
arriving in the United States from a foreign country:
9804.00.05 1/
Books, libraries, usual and reasonable furniture and
similar household effects, if actually used abroad by
him or by him and his family not less than one year,
and not intended for any other person, or for sale . . . . . . . . . . . . . Free

Free

Professional books, implements, instruments and
tools of trade, occupation or employment, which
have been taken abroad by him or for his account . . . . . . . . . . . . . Free

Free

Articles by or for the account of any person emigrating
from a foreign country to the United States:
9804.00.15 1/
Professional books, implements, instruments and
tools of trade, occupation or employment (not
including theatrical scenery, properties or apparel,
and not including articles for use in any manufacturing
establishment, for any other person or for sale),
owned and used by him abroad . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

Articles imported by or for the account of any person
arriving in the United States who is not a returning
resident thereof:
Wearing apparel, articles of personal adornment,
9804.00.20 1/
toilet articles and similar personal effects; all the
foregoing, if actually owned by and in the possession
of such person abroad at the time of or prior to his
departure for the United States, and if appropriate for
his own personal use and intended only for such use
and not for any other person nor for sale . . . . . . . . . . . . . . . . . . . . Free

Free

Not over 50 cigars, or 200 cigarettes, or 2 kilograms
of smoking tobacco or a proportionate amount of
each, and not over 1 liter of alcoholic beverages,
when brought in by an adult nonresident for his own
consumption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

Not exceeding $100 in value of articles (not including
alcoholic beverages and cigarettes but including not
more than 100 cigars) accompanying such person to
be disposed of by him as bona fide gifts, if such
person has not claimed an exemption under this
subheading 9804.00.30 within the 6 months
immediately preceding his arrival and he intends to
remain in the United States for not less than 72 hours . . . . . . . . . . Free

Free

Automobiles, trailers, aircraft, motorcycles, bicycles,
baby carriages, boats, horse-drawn conveyances,
horses and similar means of transportation, and the
usual equipment accompanying the foregoing;
any of the foregoing imported in connection with the
arrival of such person and to be used in the
United States only for the transportation of such
person, his family and guests, and such incidental
carriage of articles as may be appropriate to his
personal use of the conveyance . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

9804.00.10 1/

9804.00.25 1/

9804.00.30 1/

9804.00.35 1/

1/ See chapter 98 statistical note 1.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-23
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

Articles imported by or for the account of any person
arriving in the United States who is not a returning
resident thereof (con.):
9804.00.40 1/
Not exceeding $200 in value of articles (including
not more than 4 liters of alcoholic beverages)
accompanying such a person who is in transit to a
place outside United States customs territory and
who will take the articles with him to such place . . . . . . . . . . . . . . . Free

Free

Articles imported by or for the account of any person
arriving in the United States who is a returning resident
thereof (including American citizens who are residents
of American Samoa, Guam or the Virgin Islands of the
United States):
All personal and household effects taken abroad by
9804.00.45 1/
him or for his account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

9804.00.50 1/

9804.00.55 1/

9804.00.60 1/

Articles of metal (including medals, trophies and
prizes), bestowed upon him abroad, as honorary
distinctions, by foreign countries or citizens of
foreign countries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

Game animals (including birds and fish) killed
abroad by him and imported by him for
noncommercial purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

Automobiles rented by any resident of the United
States while abroad and imported for the
transportation of such resident, his family and guests,
and such incidental carriage of articles as may be
appropriate to his personal use of the automobile . . . . . . . . . . . . . Free, for
Free (CA,IL,MX)
such
temporary
periods as the
Secretary
of the
Treasury
by regulation
may
prescribe

1/ See chapter 98 statistical note 1.

Free, for
such
temporary
periods as
the
Secretary
of the
Treasury by
regulation
may
prescribe

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-24
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

Free

Articles whether or not accompanying a person,
not over $1200 in aggregate fair market value in
the country of acquisition, including:
(a) but only in the case of an individual who
has attained the age of 21, not more than
5 liters of alcoholic beverages, not more than
1 liter of which shall have been acquired
elsewhere than in American Samoa, Guam
or the Virgin Islands of the United States,
and not more than 4 liters of which shall have
been produced elsewhere than in such
insular possessions, and (b) not more than
1,000 cigarettes, not more than 200 of which
shall have been acquired elsewhere than in
such insular possessions, and not more than
100 cigars,
if such person arrives directly or indirectly from
such insular possessions, not more than $400 of
which shall have been acquired elsewhere than
in such insular possessions or up to $600 of
which have been acquired in one or more
beneficiary countries (but this subheading does
not permit the entry of articles not accompanying
a person which were acquired elsewhere than in
such insular possessions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

9804.00.70 1/

1/ See chapter 98 statistical note 1.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-25
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

Articles imported by or for the account of any person
arriving in the United States who is a returning resident
thereof (including American citizens who are residents
of American Samoa, Guam or the Virgin Islands of the
United States) (con.):
Other articles acquired abroad as an incident of the
journey from which the person is returning if such
person arrives from the Virgin Islands of the
United States or from a contiguous country which
maintains a free zone or free port, or arrives from
any other country after having remained beyond the
United States for a period of not less than 48 hours,
for his personal or household use, but not imported
for the account of any other person nor intended for
sale, if declared in accordance with regulations of
the Secretary of the Treasury and if such person
has not claimed, an exemption under subheadings
9804.00.65, 9804.00.70 and 9804.00.72 within
30 days preceding his arrival, and claims exemption
under only one of such items on his arrival (con.):
Articles whether or not accompanying a person,
9804.00.72 1/
not over $600 in aggregate fair market value in
the country of acquisition, including–
(a) but only in the case of an individual who
has attained the age of 21, not more than
1 liter of alcoholic beverages or not more
than 2 liters if at least one liter is the product
of one or more beneficiary countries,
and
(b) not more than 200 cigarettes, and not
more than 100 cigars, if such person arrives
directly from a beneficiary country, not more
than $400 of which shall have been acquired
elsewhere than in beneficiary countries (but this
item does not permit the entry of articles not
accompanying a person which were acquired
elsewhere than in beneficiary countries) . . . . . . . . . . . . . . . . . . Free
Any article imported to replace a like article of
9804.00.75 1/
comparable value previously exempted from duty
under subheading 9804.00.70, if the article
previously exempted shall have been exported,
under such supervision as the Secretary may
prescribe, within 60 days after its importation
because it was found by the importer to be
unsatisfactory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

2
Special

Free

9804.00.80 1/ Articles (including not over 50 cigars, or 300 cigarettes,
or 2 kilograms of smoking tobacco or a proportionate
amount of each, and not over 1 liter of alcoholic
beverages), reasonable and appropriate, and intended
exclusively, for the bona fide personal use of, and
(except for articles consumed in use) to be taken out
of the United States by, any person arriving in the
United States who is leaving a vessel, vehicle or aircraft,
engaged in international traffic, on which he is
employed, with the intention of resuming such
employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

9804.00.85 1/ Personal and household effects, not stock in trade, the
title to which at the time of importation is in the estate
of a citizen of the United States who died abroad . . . . . . . . . . . . . . . . . Free

Free

1/ See chapter 98 statistical note 1.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER V
PERSONAL EXEMPTIONS EXTENDED TO
UNITED STATES PERSONNEL AND EVACUEES
XXII
98-27

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-28
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

9805.00.50 1/ The personal and household effects (with such limitation
on the importation of alcoholic beverages and tobacco
products as the Secretary of the Treasury may
prescribe) of any person in the service of the United
States who returns to the United States upon the
termination of assignment to extended duty (as defined
in regulations issued in connection with this provision) at
a post or station outside the customs territory of the
United States, or of returning members of his family who
have resided with him at such post or station, or of any
person evacuated to the United States under
Government orders or instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

1/ See chapter 98 statistical note 1.

2
Special

Free

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER VI
PERSONAL EXEMPTIONS EXTENDED TO DISTINGUISHED VISITORS AND TO
PERSONNEL OF FOREIGN GOVERNMENTS OR INTERNATIONAL ORGANIZATIONS
XXII
98-29
U.S. Notes
1. The term "baggage and effects," as used in this subchapter, includes all articles which were in the possession abroad, and are being
imported in connection with the arrival, of a person and which are intended for his bona fide personal or household use, but does not
include articles imported as an accommodation to others or for sale or other commercial use.
2. The privileges of heading 9806.00.35 are limited to such personal effects and equipment as are necessary for the occasion and
temporary visit, and are to be exported no later than 30 days after the conclusion of the public demonstration.
3. The term "articles entered for the personal or family use," as used in this subchapter, does not include articles imported as an
accommodation to others or for sale or other commercial use.
4. The privileges provided for in this subchapter for representatives, officers, employees and members of the armed forces, of foreign
governments, their families, suites and servants, shall be accorded only if their government grants reciprocal privileges to United States
personnel of comparable status.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-30
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

Baggage and effects of the following persons who are
aliens:
9806.00.05 1/
Upon the request of the Department of State,
ambassadors, ministers, charge d'affaires,
secretaries, counselors, attaches and other
representatives, officers and employees of foreign
governments, accredited to the United States or en
route to or from other countries to which accredited,
and their immediate families, suites and servants . . . . . . . . . . . . . Free

Free

Upon the request of the Department of State,
diplomatic couriers of foreign governments . . . . . . . . . . . . . . . . . . Free

Free

Upon the request of the Department of State,
representatives of foreign governments in or to, and
officers and employees of, organizations designated
by the President of the United States as public
international organizations pursuant to section 1 of
the International Organizations Immunities Act
(22 U.S.C. 288), and their immediate families,
suites and servants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

Persons on duty in the United States as members of
the armed forces of any foreign country and their
immediate families . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

Upon the request of the Department of State, persons
designated by the Department of State as high
officials of foreign governments or distinguished
foreign visitors and their immediate families . . . . . . . . . . . . . . . . . . Free

Free

Upon the request of the Department of State,
persons designated pursuant to statute or pursuant
to treaties ratified by the United States Senate . . . . . . . . . . . . . . . . Free

Free

9806.00.35 1/ Upon the request of the Department of State, personal
effects and equipment of groups or delegations of
foreign residents arriving in the United States on
goodwill visits of short duration to participate in patriotic
celebrations, festivals and other demonstrations of public
interest and which will be exported or destroyed at the
conclusion of the visit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

Articles entered for the personal or family use of the
following persons who are aliens on duty in the United
States:
Upon the request of the Department of State,
9806.00.40 1/
ambassadors, ministers, charge d'affaires,
secretaries, counselors and attaches of foreign
embassies and legations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

9806.00.45 1/

Members of the armed forces of any foreign country . . . . . . . . . . . Free

Free

9806.00.50 1/

Upon the request of the Department of State, other
representatives, officers and employees of foreign
governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

Upon the request of the Department of State,
persons designated pursuant to statute or pursuant
to treaties
ratified by the United States Senate . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

9806.00.10 1/
9806.00.15 1/

9806.00.20 1/

9806.00.25 1/

9806.00.30 1/

9806.00.55 1/

1/ See chapter 98 statistical note 1.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER VII
OTHER PERSONAL EXEMPTIONS
XXII
98-31

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-32
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

9807.00.40 1/ Articles of metal (including medals, trophies and prizes),
for bestowal on persons in the United States, as
honorary distinctions, by foreign countries or citizens of
foreign countries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

9807.00.50 1/ Upon the request of the Department of State, articles
from citizens of foreign countries for presentation to the
President or Vice President of the United States . . . . . . . . . . . . . . . . . Free

Free

1/ See chapter 98 statistical note 1.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER VIII
IMPORTATIONS OF THE UNITED STATES GOVERNMENT
XXII
98-33
U.S. Note
1. With respect to subheading 9808.00.80, goods brought into the customs territory of the United States by the National Aeronautics and
Space Administration from space or from a foreign country as part of an international program of the National Aeronautics and Space
Administration shall not be considered an importation, and an entry of such materials shall not be required.
Statistical Note
1. For any article classifiable under subheading 9808.00.30, 9808.00.40, 9808.00.50 or 9808.00.70, the statistical reporting number shall
consist of the 10-digit number provided therefor in this subchapter followed by the statistical reporting number for the provision which
would have applied to such article if it were not classifiable in the subchapter, and the unit of quantity to be reported is the unit shown for
such article in such other provision. For example, the statistical reporting number for 10 new military cargo transports, of an unladen
weight not exceeding 2,000 kg, imported as emergency war materials shall be 9808.00.3000-8802.20.0020 and the quantity shall be
reported as 10.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-34
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

Articles for the use of any agency of the United States
Government:
9808.00.10 00
Engravings, etchings, photographic prints, whether
bound or unbound, recorded video tapes and
exposed photographic films (including motion-picture
films) whether or not developed; official government
publications in the form of microfilm, microfiches, or
similar film media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

Free

Articles for the Department of State:
Sound recordings and recorded video tapes for use
by it in the program authorized by the United States
Information and Educational Exchange Act of 1948
(22 U.S.C. 1431-1479) . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

Free

Articles for military departments:
Materials certified to the Commissioner of Customs
by the authorized procuring agencies to be
emergency war material purchased abroad . . . . . . . . .

Free

Articles for the General Services Administration:
Materials certified by it to the Commissioner
of Customs to be strategic and critical materials
procured under the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98-98h) . . . . . . . . . . . . . . .

Free

Articles for the Nuclear Regulatory Commission or
the Department of Energy:
9808.00.50 00
Materials certified by it to the Commissioner of
Customs to be source materials the entry of which
1/
is necessary in the interest of the common defense
and security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Articles for the use of the Department of Agriculture or
of the United States Botanic Garden:
9808.00.60 00
Plants, seeds and all other material for planting . . . . . . X . . . . . . Free

Free

Articles for the Commodity Credit Corporation:
Materials certified by it to the Commissioner of
Customs to be strategic materials acquired by that
agency as a result of barter or exchange of
agricultural commodities or products . . . . . . . . . . . . . .

Free

Articles for the National Aeronautics and Space
Administration and articles imported to implement
international programs between the National
Aeronautics and Space Administration and foreign
entities, including launch services agreements:
9808.00.80 00
Goods certified by it to the Commissioner of
Customs to be imported for the use of the National
Aeronautics and Space Administration or for the
implementation of an international program of the
National Aeronautics and Space Administration,
including articles to be launched into space and
parts thereof, ground support equipment and
uniquely associated equipment for use in connection
with an international program of the National
Aeronautics and Space Administration, including
launch services agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

9808.00.20 00

9808.00.30 00
1/

9808.00.40 00
1/

9808.00.70 00
1/

1/ See subchapter VIII statistical note 1.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER IX
IMPORTATIONS OF FOREIGN GOVERNMENTS AND INTERNATIONAL
ORGANIZATIONS
XXII
98-35
U.S. Note
1. The term "public international organization," as used in this subchapter, means an organization so designated by the President
pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288).

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-36
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

9809.00.10 1/ Public documents, whether or not in the form of microfilm,
microfiches, or similar film media (including exposed and
developed motion picture and other films, recorded video
tapes and sound recordings) issued essentially at the
instance and expense of a foreign government, of a
political subdivision of a foreign country or of an
international organization the membership of which
includes two or more foreign countries . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

Articles for foreign governments on a reciprocal basis
and for public international organizations:
Upon the request of the Department of State, office
9809.00.20 1/
supplies and equipment and other articles for the
official use of representatives of foreign governments
or of personnel of public international organizations,
on duty in the United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

Articles for the official use of members of the armed
forces of any foreign country on duty in the United
States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

Upon the request of the Department of State, articles
(other than communications satellites and parts thereof)
which are the property of a foreign government or of a
public international organization:
Articles which, while in the United States, will remain
9809.00.40 1/
the property of such government or of such
organization and will be used only in connection with
noncommercial functions of such government or of
such organization, including exhibitions which are
sponsored by or participated in by such government
or such organization and which are not commercial
in character or connected with commercial
undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

Prosthetic appliances furnished by a foreign
government to former members of its armed forces
who reside in the United States . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

Headstones furnished by a foreign government for
graves of its war veterans buried in the United States . . . . . . . . . . Free

Free

Articles for presentation as gifts to the United States
Government, to any State or local government or to
any public institution organized in the United States . . . . . . . . . . . . Free

Free

Printed matter, not containing advertising matter, for
free distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

9809.00.30 1/

9809.00.50 1/

9809.00.60 1/
9809.00.70 1/

9809.00.80 1/

1/ See chapter 98 statistical note 1.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER X
IMPORTATIONS OF RELIGIOUS, EDUCATIONAL, SCIENTIFIC
AND OTHER INSTITUTIONS
XXII
98-37
U.S. Notes
1. Except as provided in subheading 9810.00.20 and headings 9810.00.70, 9810.00.85, 9810.00.90 and 9810.00.95, or as otherwise
provided for in this U.S. note, the articles covered by this subchapter must be exclusively for the use of the institutions involved, and not
for distribution, sale or other commercial use within 5 years after being entered. Articles admitted under any provision in this
subchapter may be transferred from an institution specified with respect to such articles to another such institution, or may be exported
or destroyed under customs supervision, without duty liability being incurred. However, if any such article (other than an article provided
for in subheading 9810.00.20 or heading 9810.00.70) is transferred other than as provided by the preceding sentence, or is used for
commercial purposes, within 5 years after being entered, the institution for which such article was entered shall promptly notify customs
officers at the port of entry and shall be liable for the payment of duty on such article in an amount determined on the basis of its
condition as imported and the rate applicable to it (determined without regard to this subchapter) when entered. If, with a view to a
transfer (other than a transfer permitted by the second sentence) or the use for commercial purposes of an instrument or apparatus, a
repair component admitted under subheading 9810.00.65 has been assembled into such instrument or apparatus, such component
shall, for purposes of the preceding sentence, be treated as a separate article.
2. The term "regalia," as used in this subchapter, (subheadings 9810.00.15 and 9810.00.45) embraces only such insignia of rank or
office, emblems or other articles as may be worn upon the person or borne in the hand during public exercises of the institution, and
does not include articles of furniture or fixtures, nor regular wearing apparel, nor personal property of individuals.
3. Architectural, engineering, industrial or commercial drawings and plans, and reproductions thereof, are not covered by this subchapter
unless they are intended solely for exhibition or for educational use under subheading 9810.00.30 (see chapter 49).
4. Painted, colored or stained glass windows, and parts thereof, not covered by subheading 9810.00.10 are provided for in chapter 70.
5. Subchapter XII of this chapter contains provisions under which certain institutions may import articles free of duty for permanent
exhibition under bond.
6. (a)

The term "instruments and apparatus" (subheading 9810.00.60) embraces only instruments and apparatus which are both
provided for and dutiable in:
(I)

Chapter 39:

heading 3914;

(ii)

Chapter 69:

subheadings 6909.11 through 6909.90, and subheadings 6914.10 and 6914.90;

(iii)

Chapter 70:

subheadings 7017.10 through 7017.90, and heading 7020.00;

(iv)

Chapter 71:

subheadings 7114.11.70, 7114.19, 7114.20, 7115.10 and 7115.90;

(v)

Chapter 73:

subheadings 7325.10, 7325.91, 7325.99.10, 7325.99.50, 7326.19, 7326.20 and 7326.90;

(vi)

Chapter 74:

subheadings 7419.91, 7419.99.30 and 7419.99.50;

(vii) Chapter 75:

subheadings 7508.10 and 7508.90.50 (except electroplating anodes);

(viii) Chapter 76:

subheadings 7616.91 and 7616.99.50;

(ix)

Chapter 78:

heading 7806.00;

(x)

Chapter 79:

subheading 7907.00.60 (except zinc anodes);

(xi)

Chapter 80:

subheading 8007.00.50;

(xii) Chapter 81:

articles other than wrought metals, in subheadings 8101.99, 8102.99, 8103.90, 8104.90, 8105.90,
8107.90, 8112.19, 8112.59, 8112.99 and 8113.00;

(xiii) Chapter 84:

subheadings 8402.11 and 8402.90, subheadings 8404.10 through 8424.90.90, subheadings 8435.10,
8435.90 and 8438.80, subheadings 8454.10 through 8468.90 (except 8468.10), subheadings 8470.10
through 8470.30, subheading 8471.10, subheadings 8479.10 through 8479.90 (except 8479.20 and
8479.40) and subheadings 8483.10.10 through 8483.10.50;

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

XXII
98-38
U.S. Notes (con.)
(xiv) Chapter 85:

subheadings 8501.10 through 8505.11, subheading 8505.20, subheadings 8505.90 through 8516.32,
subheadings 8516.40 through 8522.90, subheadings 8525.10 through 8532.30, subheadings 8533.10
through 8542.90, subheadings 8543.20 through 8544.70 and subheadings 8547.90 and 8548.90;

(xv) Chapter 88:

subheadings 8801.90 and 8802.60.90 and parts of the goods of subheadings 8801.90 and 8802.60.90 as
provided for in heading 8803;

(xvi) Chapter 89:

subheadings 8907.10 and 8907.90;

(xvii) Chapter 90:

all provisions (except subheadings 9009.11 through 9009.99, 9013.80 and 9023.00);

(xviii) Chapter 91:

all provisions (except subheadings 9113.10 through 9113.90); and

(xix) Chapter 96:

subheadings 9603.50, 9613.80.20, 9613.90.40 and 9617.00 (except subheading 9617.00.60);

but the term does not include materials or supplies, nor does it include ordinary equipment for use in building construction or
maintenance or for use in supporting activities of the institution such as its administrative offices or its eating or religious facilities.
The term “instruments and apparatus” under subheading 9810.00.60 includes separable components of an instrument or
apparatus listed in this subdivision that are imported for assembly in the United States in such instrument or apparatus where the
instrument or apparatus, due to its size, cannot be feasibly imported in its assembled state.
(b)

An institution desiring to enter an article under subheading 9810.00.60 shall make application therefor to the Secretary of the
Treasury including therein (in addition to such other information as may be prescribed by regulation) a description of the article,
the purposes for which the instrument or apparatus is intended to be used, the basis for the institution's belief that no instrument
or apparatus of equivalent scientific value for such purposes is being manufactured in the United States, and a statement that
either the institution has already placed a bona fide order for the instrument or apparatus or has a firm intention, in the event of
favorable action on its application, to place such an order on or before the final day specified in paragraph (d) of this U.S. note for
the placing of an order. If the application is made in accordance with the applicable regulations, the Secretary of the Treasury
shall promptly forward copies thereof to the Secretary of Commerce and to the Secretary of Health and Human Services. If, at
any time while its application is under consideration by the Secretary of Commerce or by the Court of Appeals for the Federal
Circuit on appeal from a finding by him, an institution cancels an order for the instrument or apparatus to which its application
relates or ceases to have a firm intention to order such instrument or apparatus, it shall promptly so notify the Secretary of
Commerce or such Court, as the case may be.

(c)

Upon receipt of the application, the Secretary of Commerce shall, by publication in the Federal Register, afford interested
persons and other Government agencies reasonable opportunity to present their views with respect to the question whether an
instrument or apparatus of equivalent scientific value for the purposes for which the article is intended to be used is being
manufactured in the United States. After considering any views presented pursuant to this paragraph, including any written
advice from the Secretary of Health and Human Services, the Secretary of Commerce shall determine whether an instrument or
apparatus of equivalent scientific value to such article, for the purposes for which the instrument or apparatus is intended to be
used, is being manufactured in the United States. Each finding by the Secretary of Commerce under this paragraph shall be
promptly reported to the Secretary of the Treasury and to the applicant institution. Each such finding shall be published in the
Federal Register, with a statement of the reasons therefor, on or before the ninetieth day following the date on which the
application was made to the Secretary of the Treasury in accordance with applicable regulations.

(d)

(I)

If the Secretary of Commerce determines under this U.S. note that an instrument or apparatus is being manufactured in the
United States that is of equivalent scientific value to a foreign-origin instrument or apparatus for which application is made
(but which, due to its size, cannot be feasibly imported in its assembled state), the Secretary shall report the findings to the
Secretary of the Treasury and to the applicant institution, and all components of such foreign-origin instrument or apparatus
shall remain dutiable.

(ii)

If the Secretary of Commerce determines that the instrument or apparatus for which application is made is not being
manufactured in the United States, the Secretary is authorized to determine further whether any component of such
instrument or apparatus of a type that may be purchased, obtained, or imported separately is being manufactured in the
United States and shall report the findings to the Secretary of the Treasury and to the applicant institution, and any
component found to be domestically available shall remain dutiable.

(iii)

Any decision by the Secretary of the Treasury which allows for duty-free entry of a component of an instrument or apparatus
which, due to its size cannot be feasibly imported in its assembled state, shall be effective for a specified maximum period,
to be determined in consultation with the Secretary of Commerce, taking into account both the scientific needs of the
importing institution and the potential for development of comparable domestic manufacturing capacity.

(e)

Subheading 9810.00.60 shall not apply with respect to any instrument or apparatus unless a bona fide order therefor has been
placed, by the institution making the application under this U.S. note, on or before the sixtieth day following the day on which a
finding of the Secretary of Commerce favorable to the institution has become final and conclusive.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

XXII
98-39
U.S. Notes (con.)
(f)

Within 20 days after the publication in the Federal Register of a finding by the Secretary of Commerce under paragraph (c) of this
U.S. note, an appeal may be taken from said finding only upon a question or questions of law and only to the United States Court
of Appeals for the Federal Circuit:
(I)

by the institution which made the application under paragraph (b) of this U.S. note;

(ii)

by a person who, in the proceeding which led to such finding, represented to the Secretary of Commerce in writing that he
manufactures in the United States an instrument or apparatus of equivalent scientific value for the purposes for which the
article to which the application relates is intended to be used,

(iii)

by the importer thereof, if the article to which the application relates has been entered at the time the appeal is taken, or

(iv)

by an agent of any of the foregoing.

Any appeal under this paragraph shall receive a preference over all other matters before the Court and shall be heard and
determined as expeditiously as the Court considers to be practicable. The judgement of the Court shall be final.
(g)

The Secretary of the Treasury and the Secretary of Commerce may prescribe joint regulations to carry out their functions under
this note.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-40
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

Articles imported for the use of an institution established
solely for religious purposes:
9810.00.05 00
Drawings, engravings, etchings, lithographs,
woodcuts, sound recordings, recorded video tapes
and photographic and other prints, all the foregoing
whether bound or unbound, and exposed
photographic films (including motion-picture films)
whether or not developed . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free
9810.00.10 00

9810.00.15 00
9810.00.20 00

Painted, colored or stained glass windows and parts
thereof, all the foregoing valued over $161 per
square meter and designed by, and produced by or
under the direction of, a professional artist . . . . . . . . . . m2 . . . . . Free
Regalia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free
Hand-woven fabrics, to be used by the institution
in making religious vestments for its own use or
for sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

2
Special

Free

Free
Free
Free

Articles imported for the use of an institution organized
and operated for religious purposes, including
cemeteries, schools, hospitals, orphanages and similar
nonprofit activities staffed and controlled by such
institution:
9810.00.25 00
Altars, pulpits, communion tables, baptismal fonts,
shrines, mosaics, iconostases, or parts,
appurtenances or adjuncts of any of the foregoing,
whether to be physically joined thereto or not, and
statuary (except granite or marble cemetery
headstones, granite or marble grave markers and
granite or marble feature memorials, and except
casts of plaster of Paris, or of compositions of paper
or papier-mâché) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

Free

Articles imported for the use of any public library, any
other public institution or any nonprofit institution
established for educational, scientific, literary or
philosophical purposes, or for the encouragement of the
fine arts:
9810.00.30 00
Drawings and plans, reproductions thereof,
engravings, etchings, lithographs, woodcuts, globes,
sound recordings, recorded video tapes and
photographic and other prints, all the foregoing
whether bound or unbound, and exposed
photographic films (including motion-picture films)
whether or not developed . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

Free

9810.00.35 00

Letters, numbers, and other symbols; number cards
and other arithmetical materials; printed matter;
blocks and other dimensional shapes; geometrical
figures, plane or solid; geographical globes; tuned
bells and basic materials for understanding music;
model articles and figures of animate objects;
puzzles and games; flags; dressing frames; dummy
clocks; bottles, boxes, and other containers or
holders; all the foregoing, whether or not in sets,
fabricated to specification and designed for the
classroom instruction of children; and containers or
holders fabricated to specification and designed for
the storage of such instructional articles when not in
use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

The rate
applicable
in the
absence
of this
subheading

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-41
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

Articles imported for the use of any public library, any
other public institution or any nonprofit institution
established for educational, scientific, literary or
philosophical purposes, or for the encouragement of the
fine arts (con.):
9810.00.40 00
Sculptures and statuary . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free
9810.00.45 00
Regalia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free
9810.00.50 00
Any textile machine or machinery or part thereof,
solely for the instruction of students . . . . . . . . . . . . . . . X . . . . . . Free
9810.00.55 00

2
Special

Free
Free
Free

Patterns and models exclusively for exhibition or
educational use at any such institution . . . . . . . . . . . . . X . . . . . . Free

Free

Articles entered for the use of any nonprofit institution,
whether public or private, established for educational or
scientific purposes:
9810.00.60 00
Instruments and apparatus, if no instrument or
apparatus of equivalent scientific value for the
purposes for which the instrument or apparatus is
intended to be used is being manufactured in the
United States (see U.S. note 6 to this subchapter) . . . . X . . . . . . Free

Free

9810.00.65 00

Repair components for instruments or apparatus
admitted under subheading 9810.00.60 . . . . . . . . . . . . X . . . . . . Free

Free

Tools specially designed to be used for the
maintenance, checking, gauging or repair of
instruments or apparatus admitted under
subheading 9810.00.60 . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

Free

9810.00.70 00 Wild animals (including birds and fish) imported for use,
or for sale for use, in any scientific public collection for
exhibition for scientific or educational purposes . . . . . . . . . X . . . . . . Free

Free

9810.00.67 00

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-42
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

Articles imported for the use of an institution established
to encourage the saving of human life:
9810.00.75 00
Lifeboats and life-saving apparatus . . . . . . . . . . . . . . . X . . . . . . Free

Free

Articles imported for the use of any nonprofit institution,
whether public or private, established for educational,
scientific or therapeutic purposes:
9810.00.80 00
Apparatus utilizing any radioactive substance in
medical diagnosis or therapeutic treatment, including
the radioactive material itself when contained in the
apparatus as an integral element thereof, and parts
or accessories of any of the foregoing . . . . . . . . . . . . . X . . . . . . Free

Free

9810.00.85 00 Cellulosic plastics materials imported for use in artificial
kidney machines or apparatus by a hospital or by a
patient pursuant to prescription of a physician . . . . . . . . . . X . . . . . . Free

The rate
applicable
in the
absence of
this
heading

9810.00.90 00 Prayer shawls, bags for the keeping of prayer shawls
and headwear of a kind used for public or private
religious observances, whether or not any of the
foregoing is imported for the use of a religious institution . . X . . . . . . Free

Free

9810.00.95 00 Scrolls or tablets of wood or paper, commonly known as
Gohonzon, imported for use in public or private religious
observances, whether or not any of the foregoing is
imported for the use of a religious institution . . . . . . . . . . . . X . . . . . . Free

Free

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER XI
SAMPLES FOR SOLICITING ORDERS
XXII
98-43
U.S. Notes
1. Any article exempted under this subchapter from the payment of duty shall be exempt also from the payment of any internal-revenue
tax imposed upon or by reason of importation and from the labeling requirements of the Federal Alcohol Administration Act and chapter
52 of the Internal Revenue Code of 1954.
2. The provisions of heading 9811.00.20 or 9811.00.40 apply to not more than one sample of each beverage product, or of each tobacco
product, cigarette paper or cigarette tube, respectively, admitted during any calendar quarter for the use of each person importing
alcoholic beverages, tobacco products, cigarette papers or cigarette tubes in commercial quantities.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-44
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

9811.00.20 1/ Alcoholic beverage samples (each sample containing
not more than 300 milliliters if a malt beverage, not
more than 150 milliliters if a wine and not more than
100 milliliters if any other alcoholic beverage) to be
used in the United States only for soliciting orders by
persons importing alcoholic beverages in commercial
quantities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

9811.00.40 1/ Samples of tobacco products, and cigarette papers
and tubes (each sample consisting of not more than
(a) 3 cigars, (b) 3 cigarettes, (c) 3.5 grams of tobacco,
(d) 3.5 grams of snuff, (e) 3 cigarette tubes or
(f) 25 cigarette papers) to be used in the United States
only for soliciting orders by persons importing tobacco
products, cigarette papers or cigarette tubes in
commercial quantities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free

Free

9811.00.60 1/ Any sample (except samples covered by heading
9811.00.20 or 9811.00.40), valued not over $1 each,
or marked, torn, perforated or otherwise treated so that
it is unsuitable for sale or for use otherwise than as a
sample, to be used in the United States only for
soliciting orders for products of foreign countries . . . . . . . . . . . . . . . . . Free

Free

1/ See chapter 98 statistical note 1.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER XII
ARTICLES ADMITTED FREE OF DUTY UNDER BOND FOR
PERMANENT EXHIBITION
XXII
98-45
U.S. Notes
1. The provisions of this subchapter do not apply to articles intended for sale or for any purpose other than exhibition or erecting a public
monument, nor do they apply to any institution or society engaged in or connected with business of a private or commercial character.
Articles admitted under heading 9812.00.20 may be transferred from an organization specified therein to another such organization, or
temporarily to a commercial gallery or other premises, for exhibition and not for sale.
2. Prior to the release of articles under heading 9812.00.20 or 9812.00.40, bond shall be given for the payment of lawful duties which may
accrue should any of the articles be sold, transferred or used contrary to the provisions of this subchapter within 5 years after the date
of entry hereunder, and such articles shall be subject at any time within such 5-year period to examination and inspection by customs
officers. Surety on such bonds may be waived in the discretion of the Secretary of the Treasury.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-46
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

9812.00.20 00 Articles imported for exhibition by any institution or society
established for the encouragement of agriculture, arts,
education or science, or for such exhibition by any State
or for a municipal corporation . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free, under
bond, as
prescribed
in U.S.
note 2
to this
subchapter
9812.00.40 00 Articles imported by any institution, society or State, or for
a municipal corporation, for the purpose of erecting a
public monument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free, under
bond, as
prescribed
in U.S.
note 2
to this
subchapter

2
Special

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 2
to this
subchapter

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 2
to this
subchapter

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER XIII
ARTICLES ADMITTED TEMPORARILY FREE OF DUTY UNDER BOND
XXII
98-47
U.S. Notes
l.

(a)

The articles described in the provisions of this subchapter, when not imported for sale or for sale on approval, may be admitted
into the United States without the payment of duty, under bond for their exportation within 1 year from the date of importation,
which period, in the discretion of the Secretary of the Treasury, may be extended, upon application, for one or more further
periods which, when added to the initial 1 year, shall not exceed a total of 3 years, except that (1) articles imported under heading
9813.00.75 shall be admitted under bond for their exportation within 6 months from the date of importation and such a 6-month
period shall not be extended, and (2) in the case of professional equipment and tools of trade admitted into the United States
under heading 9813.00.50 which have been seized (other than by seizure made at the suit of private persons), the requirement of
reexportation shall be suspended for the duration of the seizure. For purposes of this note, an aircraft engine or propeller, or any
part or accessory of either, imported under heading 9813.00.05, which is removed physically from the United States as part of an
aircraft departing from the United States in international traffic shall be treated as exported.

(b)

For articles admitted into the United States under heading 9813.00.50, entry shall be made by the nonresident importing the
articles or by an organization represented by the nonresident which is established under the laws of a foreign country or has its
principal place of business in a foreign country.

(c)

For purposes of this subchapter, if an article imported into the United States, for processing, under heading 9813.00.05 is
withdrawn for exportation to the territory of Canada or of Mexico, the duty assessed shall be waived or reduced in an amount that
does not exceed the lesser of the total amount of duty payable on the article that would have been payable on importation under
chapters 1 through 97, inclusive, of the Harmonized Tariff Schedule of the United States or the total amount of customs duties
paid to Canada or to Mexico on the exported article, unless such article is covered by section 203(a)(1) through 203(a)(8),
inclusive, of the NAFTA Implementation Act. The amount of duties or refunds calculated on such articles pursuant to this note
shall be adjusted to take into account any subsequent claim for preferential tariff treatment made to another NAFTA country. This
note shall apply to shipments to Canada on or after January 1, 1996, and to Mexico on or after January 1, 2001.

2. Merchandise may be admitted into the United States under heading 9813.00.05 only on condition that:
(a)

(b)

Such merchandise will not be processed into an article manufactured or produced in the United States if such article is:
(I)

Alcohol, distilled spirits, wine, beer or any dilution or mixture of any or all of the foregoing;

(ii)

A perfume or other commodity containing ethyl alcohol (whether or not such alcohol is denatured); or

(iii)

A product of wheat; and

If any processing of such merchandise results in an article (other than an article described in (a) of this U.S. note) manufactured
or produced in the United States:
(I)

A complete accounting will be made to the Customs Service for all articles, wastes and irrecoverable losses resulting from
such processing; and

(ii)

All articles and valuable wastes resulting from such processing will be exported or destroyed under customs supervision
within the bonded period; except that in lieu of the exportation or destruction of valuable wastes, duties may be tendered on
such wastes at rates of duties in effect for such wastes at the time of importation.

3. Upon satisfactory proof that any article admitted under heading 9813.00.30 has been destroyed because of its use for any purpose
provided for therein, the obligation under the bond to export such article shall be treated as satisfied.
4. District Directors of Customs may defer the exaction of a bond for not to exceed 90 days after the date of importation for vehicles and
craft entered under heading 9813.00.35 to take part in races or other specific contests for other than money purses; but unless any
such vehicle or craft is exported or the bond is given within the period of such deferment, such vehicle or craft shall be subject to
forfeiture.
5. Articles may be admitted under heading 9813.00.75 only on condition that the Secretary of the Treasury shall have found that the
foreign country from which the articles were imported allows, or will allow, substantially reciprocal privileges in respect of similar imports
to such country from the United States; and if the Secretary finds that a foreign country has discontinued, or will discontinue, the
allowance of such privileges, the privileges of heading 9813.00.75 shall not apply thereafter in respect of imports from such foreign
country.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

XXII
98-48
Statistical Note
1. For any article entered under statistical reporting number 9813.00.0520, the proper citation for statistical reporting shall consist of
9813.00.0520 followed by the statistical reporting number for the provision which would have applied if such article were not classifiable
in this subchapter and the unit of quantity to be reported is the unit shown for such article in such other provision.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-49
Heading/ Stat.
Subheading Suffix

9813.00.05

Article Description

Unit
of
Quantity

Rates of Duty
1
General

Articles to be repaired, altered or processed (including
processes which result in articles manufactured or
produced in the United States) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter
20
Articles to be processed into articles manufactured
or produced in the United States . . . . . . . . . . . . . . . . . 1/
1/
40

2
Special

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1 to
this
subchapter

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1 to
this
subchapter

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1 to
this
subchapter

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X

9813.00.10 2/ Models of women's wearing apparel imported by
manufacturers for use solely as models in their own
establishments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter
9813.00.15 2/ Articles imported by illustrators and photographers for
use solely as models in their own establishments, in
the illustrating of catalogues, pamphlets or advertising
matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter
9813.00.20 2/ Samples solely for use in taking orders for merchandise . . . . . . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter
9813.00.25 2/ Articles solely for examination with a view to
reproduction, or for such examination and reproduction
(except photoengraved printing plates for examination
and reproduction); and motion-picture advertising films . . . . . . . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter

1/ See subchapter XIII statistical note 1.
2/ See chapter 98 statistical note 1.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-50
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

9813.00.30 1/ Articles intended solely for testing, experimental or
review purposes, including specifications, photographs
and similar articles for use in connection with
experiments or for study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter
9813.00.35 1/ Automobiles, motorcycles, bicycles, airplanes, airships,
balloons, boats, racing shells and similar vehicles and
craft, and the usual equipment of the foregoing; all the
foregoing which are brought temporarily into the United
States by nonresidents for the purpose of taking part in
races or other specific contests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter
9813.00.40 1/ Locomotives and other railroad equipment brought
temporarily into the United States for use in clearing
obstructions, fighting fires or making emergency repairs
on railroads within the United States, or for use in
transportation otherwise than in international traffic
when the Secretary of the Treasury finds that the
temporary use of foreign railroad equipment is
necessary to meet an emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter
9813.00.45 1/ Containers for compressed gases, filled or empty, and
containers or other articles in use for covering or holding
merchandise (including personal or household effects)
during transportation and suitable for reuse for that
purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter

1/ See chapter 98 statistical note 1.

2
Special

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1 to
this
subchapter

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-51
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

9813.00.50 1/ Professional equipment, tools of trade, repair
components for equipment or tools admitted under this
heading and camping equipment; all the foregoing
imported by or for nonresidents sojourning temporarily
in the United Statesand for the use of such nonresidents . . . . . . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter
9813.00.55 1/ Articles of special design for temporary use exclusively
in connection with the manufacture or production of
articles for export . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1 to
this
subchapter
9813.00.60 1/ Animals and poultry brought into the United States for
the purpose of breeding, exhibition or competition for
prizes, and the usual equipment therefor . . . . . . . . . . . . . . . . . . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1 to
this
subchapter
9813.00.70 1/ Works of the free fine arts, engravings, photographic
pictures and philosophical and scientific apparatus
brought into the United States by professional artists,
lecturers or scientists arriving from abroad for use by
them for exhibition and in illustration, promotion and
encouragement of art, science or industry in the
United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1 to
this
subchapter
9813.00.75 1/ Automobiles, automobile chassis, automobile bodies,
cutaway portions of any of the foregoing and parts for
any of the foregoing, finished, unfinished or cutaway,
when intended solely for show purposes . . . . . . . . . . . . . . . . . . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1 to
this
subchapter

1/ See chapter 98 statistical note 1.

2
Special

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1
to this
subchapter

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1 to
this
subchapter

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1 to
this
subchapter

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1 to
this
subchapter

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1 to
this
subchapter

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER XIV
TEA ADMITTED FREE UNDER BOND
XXII
98-53
U.S. Notes
l.

Importers and manufacturers who import the material provided for in heading 9814.00.50 shall give suitable bond, to be subject to the
approval only of the District Director of Customs at the port of entry, conditioned that the imported material shall be only used for the
purposes provided for in the said heading 9814.00.50, under such regulations as may be prescribed by the Secretary of Health and
Human Services.

2. See chapter 9 for other provisions relating to tea.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-54
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

9814.00.50 00 Tea, tea waste and tea siftings and sweepings, all the
foregoing to be used solely for manufacturing theine,
caffeine or other chemical products whereby the
identity and character of the original material is entirely
destroyed or changed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free, under
bond, as
prescribed
in U.S.
note 1 to
this
subchapter

2
Special

Free (CA,IL,JO,
MX)

Free, under
bond, as
prescribed
in U.S.
note 1 to
this
subchapter

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER XV
PRODUCTS OF AMERICAN FISHERIES
XXII
98-55
U.S. Notes
l.

An American fishery, for the purposes of this subchapter, is a fishing enterprise conducted under the American flag by vessels of the
United States on the high seas or in foreign waters in which such vessels have the right, by treaty or otherwise, to take fish or other
marine products and may include a shore station operated in conjunction with such vessels by the owner or master thereof.

2. None of the headings in this subchapter shall apply to fish, fresh, chilled or frozen, in the form of fillets, steaks or slices substantially
free of bone (including any of the foregoing divided into sections), if produced in a foreign country, or its territorial waters, in whole or in
part with the use of the labor of persons who are not residents of the United States.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-56
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

9815.00.20 00 Products of American fisheries (including fish, shellfish
and other marine animals, spermaceti and marine
animal oils), which have not been landed in a foreign
country, or which, if so landed, have been landed solely
for transshipment without change in condition . . . . . . . . . . kg . . . . . Free

Free

9815.00.40 00 Fish (except cod, cusk, haddock, hake, mackerel,
pollock and swordfish), the product of American
fisheries, landed in a foreign country and there
processed by removal of heads, viscera or fins, or by
chilling or freezing, or by any combination of these
processes, but not otherwise processed . . . . . . . . . . . . . . kg . . . . . Free

Free

9815.00.60 00 Products of American fisheries, prepared or preserved
by an American fishery on the treaty coasts of Labrador,
Magdalen Islands and Newfoundland, as such coasts
are defined in the convention of 1818 between the
United States and Great Britain . . . . . . . . . . . . . . . . . . . . . kg . . . . . Free

Free

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER XVI
NONCOMMERCIAL IMPORTATIONS OF LIMITED VALUE
XXII
98-57
U.S. Note
1. For the purposes of this subchapter the rates of duty for articles provided in this subchapter shall be assessed in lieu of any other rates
of duty, except free rates of duty on such articles, unless the Secretary of the Treasury or his delegate determines, in accordance with
regulations, that the application of the rate of duty provided in this subchapter to any article in lieu of the rate of duty otherwise
applicable thereto adversely affects the economic interest of the United States.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-58
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

Articles for personal or household use, or as bona fide
gifts, not imported for the account of another person,
valued in the aggregate at not over $1,000 fair retail
value in the country of acquisition, if the person claiming
the benefit of subheading 9816.00.20 or 9816.00.40, or
both, has not received the benefits thereof within the
30 days immediately preceding his arrival:
Accompanying a person, arriving in the United States
9816.00.20 1/
(exclusive of duty-free articles and articles acquired
in American Samoa, Guam or the Virgin Islands of
the United States) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 percent
of the fair
retail value
9816.00.40 1/

Imported by or for the account of a person (whether
or not accompanying him) arriving directly or
indirectly from American Samoa, Guam or the
Virgin Islands of the United States, acquired in such
insular possessions as an incident of such person's
physical presence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.5 percent
of the fair
retail value

1/ See chapter 98 statistical note 1.

2
Special

Free (CA,IL,JO,
MX)

4 percent
of the fair
retail value

Free (CA,IL,JO,
MX)

2 percent
of the fair
retail value

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER XVII
OTHER SPECIAL CLASSIFICATION PROVISIONS
XXII
98-59
U.S. Notes
1. (a)

(b)

No article shall be exempted from duty under heading 9817.00.40 unless either -(I)

a Federal agency (or agencies) designated by the President determines that such article is visual or auditory material of an
educational, scientific or cultural character within the meaning of the Agreement for Facilitating the International Circulation
of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character (17 UST (pt. 2) 1578; Beirut
Agreement), or

(ii)

such article -(A)

is imported by, or certified by the importer to be for the use of, any public or private institution or association approved
as educational, scientific, or cultural by a Federal agency or agencies designated by the President for the purpose of
duty-free admission pursuant to the Nairobi Protocol to the Florence Agreement, and

(B)

is certified by the importer to be visual or auditory material of an educational, scientific, or cultural character or to have
been produced by the United Nations or any of its specialized agencies. For the purposes of subparagraph (I),
whenever the President determines that there is, or may be, profitmaking exhibition or use of articles described in
heading 9817.00.40 which interferes significantly (or threatens to interfere significantly) with domestic production of
similar articles, he may prescribe regulations imposing restrictions on the entry under one of the above-cited
subheadings of such foreign articles to insure that they will be exhibited or used only for nonprofitmaking purposes.

For purposes of headings 9817.00.42 through 9817.00.48, inclusive, no article shall be exempted from duty unless it meets the
criteria set forth in the subparagraphs (a)(ii)(A) and (B) of this note.

2. The provisions of headings 9817.00.50 and 9817.00.60 do not apply to:
(a)

articles provided for in chapter 25;

(b)

articles provided for in subheading 3212.10;

(c)

articles provided for in subheading 3926.90.30;

(d)

articles of leather or of fur on the skin;

(e)

articles of textile material;

(f)

articles provided for in section XIII (except heading 6808 and subheadings 6809.11, 7018.10, 7018.90, 7019.40, 7019.51,
7019.52 and 7019.59);

(g)

articles provided for in chapter 71;

(h)

articles provided for in chapter 72;

(ij)

articles provided for in chapter 73 (except subheadings 7308.10, 7308.20, 7308.40 and 7308.90, subheadings 7315.81 through
7315.89, subheadings 7319.20, 7319.30, 7325.10, 7325.91, 7326.11 and 7326.19);

(k)

articles provided for in chapter 74 (except subheadings 7419.10 and 7419.91);

(l)

articles provided for in chapter 75;

(m) articles provided for in chapter 76 (except heading 7610);
(n)

articles provided for in chapter 78;

(o)

articles provided for in chapter 79 (except gutters, roof capping, skylight frames and other fabricated building components, of
zinc);

(p)

articles provided for in chapter 80;

(q)

articles provided for in chapter 81 (except subheadings 8101.99 and 8102.99);

(r)

articles provided for in chapter 82;

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

XXII
98-60
U.S. Notes (con.)
(s)

articles provided for in chapter 83;

(t)

articles provided for in subheadings 8419.81.50, 8419.81.90, 8427.10, 8427.20, 8427.90 and 8431.20, headings 8432, 8433 and
8434, subheadings 8435.10 and 8435.90, heading 8436, subheadings 8438.80, 8468.10, 8472.90.40 and 8479.89, subheadings
8482.10.10 through 8482.99.65 (other than subheading 8482.91) and subheadings 8483.10.50 and 8485.10;

(u)

articles provided for in chapter 85 (except subheadings 8519.92 through 8519.99, headings 8523 and 8524, subheadings
8532.90 and 8539.90, subheadings 8543.11 through 8543.81, subheadings 8543.89.60, 8543.89.80, 8543.89.85, 8543.89.92,
8543.89.96, 8543.90, 8544.70, 8546.90, 8547.20 and 8548.90);

(v)

articles provided for in chapter 86;

(w)

articles provided for in chapter 87 (except bicycles and other cycles, not motorized, and parts thereof), but interchangeable
agricultural and horticultural implements are classifiable in subheading 9817.00.50 even if mounted at the time of importation on a
tractor provided for in chapter 87;

(x)

articles provided for in chapter 88 (except heading 8805);

(y)

articles provided for in chapter 89 (except headings 8901, 8902 and 8904, subheadings 8905.10 and 8905.20, and headings
8907 and 8908);

(z)

articles provided for in subheadings 9006.62, 9032.89.20, 9032.89.40, 9032.90.20 and 9032.90.40;

(aa) articles provided for in subheadings 9101.12, 9102.12, 9102.91.20, 9103.10.20, 9104.00.05 and 9104.00.45;
(ab) articles provided for in heading 9405 (except subheadings 9405.60.60 and 9405.92);
(ac) articles provided for in subheadings 9505.10.10, 9506.21.40 and 9506.21.80;
(ad) articles provided for in subheading 9603.50.00, headings 9604.00.00 and 9605.00.00 and subheading 9616.10.00; or
(ae) articles provided for in heading 9705.
3. (a)

Subheading 9817.00.80 does not apply when the market price of copper is under $1.12 per kilogram.

(b)

For purposes of subparagraph (a), the market price of copper is the average market price per kilogram for one calendar month
of electrolytic copper in standard shapes and sizes, delivered Connecticut Valley, as determined by the United States
International Trade Commission and reported to the Secretary of the Treasury in accordance with procedures set forth below.

(c)

For purposes of subparagraph (a), the market price of copper shall be considered to be under $1.12 per kilogram only on and
after the twentieth day after the date of a report by the United States International Trade Commission to the Secretary of the
Treasury that it has determined that the market price has been under $1.12 per kilogram for one calendar month. After any such
report, the market price shall be considered as not being under $1.12 per kilogram only on and after the twentieth day after the
date of a report by the Commission to the Secretary that it has determined that the market price has been $1.12 or more per
kilogram for one calendar month.

(d)

Determinations by the said Commission of the market price of electrolytic copper shall be based upon sources commonly
resorted to by the buyers of copper in the usual channels of commerce, including, but not limited to, quotations of the market
price for electrolytic copper, in standard shapes and sizes, delivered Connecticut Valley, reported by the Engineering and Mining
Journal's "Metal and Mineral Markets".

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

XXII
98-61
U.S. Notes (con.)
4. (a)

(b)

For purposes of subheadings 9817.00.92, 9817.00.94 and 9817.00.96, the term "blind or other physically or mentally
handicapped persons" includes any person suffering from a permanent or chronic physical or mental impairment which
substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning, or working.
Subheadings 9817.00.92, 9817.00.94 and 9817.00.96 do not cover -(I)

articles for acute or transient disability;

(ii)

spectacles, dentures, and cosmetic articles for individuals not substantially disabled;

(iii)

therapeutic and diagnostic articles; or

(iv)

medicine or drugs.

5. For purposes of subheading 9817.57.01, the term "mass-produced kits" includes only those which are designed to be sold in the
customs territory of the United States exclusively in kit form.
6. For purposes of heading 9817.22.05, the duty-free treatment shall apply to liqueurs and spirituous beverages produced in the territory
of Canada from rum if-(i)

such rum is the growth, product, or manufacture of a designated Caribbean Basin Economic Recovery Act (CBERA) beneficiary
country enumerated in general note 7(a) to the tariff schedule or of the Virgin Islands of the United States;

(ii)

such rum is imported directly from a designated CBERA beneficiary country enumerated in general note 7(a) to the tariff schedule
or from the Virgin Islands of the United States into the territory of Canada, and such liqueurs and spirituous beverages are
imported directly from the territory of Canada into the customs territory of the United States;

(iii)

when imported into the customs territory of the United States, such liqueurs and spirituous beverages are classified in subheading
2208.40 or 2208.90 of the tariff schedule; and

(iv)

such rum accounts for at least 90 percent by volume of the alcoholic content of such liqueurs and spirituous beverages.

6. The following provisions apply to heading 9817.85.01:
(a)

For purposes of this subchapter, including heading 9817.85.01, the term “prototypes” means originals or models of articles that—
(i)

are either in the preproduction, production, or postproduction stage and are to be used exclusively for development, testing,
product evaluation, or quality control purposes; and

(ii)

in the case of originals or models of articles that are either in the production or postproduction stage, are associated with a
design change from current production (including a refinement, advancement, improvement, development, or quality control
in either the product itself or the means for producing the product).

For purposes of clause (i), automobile racing for purse, prize, or commercial competition shall not be considered to be
“development, testing, product evaluation, or quality control.”
(b)

(c)

(i)

Prototypes may be imported only in limited noncommercial quantities in accordance with industry practice.

(ii)

Except as provided for by the Secretary of the Treasury, prototypes or parts of prototypes may not be sold after importation
into the United States or be incorporated into other products that are sold.

Articles subject to quantitative restrictions, antidumping orders, or countervailing duty orders may not be classified as prototypes
under this note. Articles subject to licensing requirements, or which must comply with laws, rules, or regulations administered by
agencies other than the United States Customs Service before being imported, may be classified as prototypes if they comply
with all applicable provisions of law and otherwise meet the definition of “prototypes” under paragraph (a).

6. Any article exempt from duty under heading 9817.60.00 shall be free of taxes and fees that may otherwise be applicable, but shall not
be free or otherwise exempt or excluded from routine or other inspections as may be required by the Customs Service.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

XXII
98-62
Statistical Note
1. For statistical reporting of merchandise under subheadings 9817.00.80, 9817.00.90, 9817.00.92, 9817.00.94, 9817.00.96, 9817.29.01,
9817.29.02, 9817.57.01, 9817.61.01, 9817.82.01, 9817.84.01 and 9817.85.01:
(a)

Report the 8-digit number (or 10-digit number, if any) found in this subchapter in addition to the 10-digit number appearing in
chapters 1-97 which would be applicable but for the provisions of this subchapter; and

(b)

The quantities reported should be in the units provided in chapters 1-97.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-63
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

Nets or sections or parts of nets:
Monofilament gill nets to be used for fish sampling . . . . X . . . . . . Free

Free

To be used in taking wild birds under license issued
by an appropriate Federal or State governmental
authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

Free

9817.00.40 00 Developed photographic film, including motion-picture
film on which pictures or sound and pictures have been
recorded; photographic slides; transparencies; sound
recordings; recorded video tape; models (except toy
models); charts; maps; globes; and posters; all of the
foregoing which are determined to be visual or auditory
materials in accordance with U.S. note 1(a) of this
subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

Free

Articles determined to be visual or auditory materials
in accordance with U.S. note 1 of this subchapter:
9817.00.42 00
Holograms for laser projection; microfilm,
microfiches and similar articles . . . . . . . . . . . . . . . . . . . X . . . . . . Free

Free

9817.00.20 00
9817.00.30 00

9817.00.44 00

9817.00.46 00

9817.00.48 00

Motion-picture films in any form on which pictures,
or sound and pictures, have been recorded,
whether or not developed . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

Free

Sound recordings, combination sound and visual
recordings, and magnetic recordings; video discs,
video tapes and similar articles . . . . . . . . . . . . . . . . . . . X . . . . . . Free

Free

Patterns and wall charts; globes; mock-ups or
visualizations of abstract concepts such as
molecular structures or mathematical formulae;
materials for programmed instruction; and kits
containing printed materials and audio materials
or any combination of two or more of the foregoing . . . X . . . . . . Free

Free

9817.00.50 00 Machinery, equipment and implements to be used for
agricultural or horticultural purposes . . . . . . . . . . . . . . . . . . X . . . . . . Free

9817.00.60 00 Parts to be used in articles provided for in headings
8432, 8433, 8434 and 8436, whether or not such parts
are principally used as parts of such articles and whether
or not covered by a specific provision within the meaning
of additional U.S. rule of interpretation 1(c) . . . . . . . . . . . . . X . . . . . . Free

9817.00.70 00 Animals, game, imported to be liberated in the United
States for stocking purposes . . . . . . . . . . . . . . . . . . . . . . . No. . . . . . Free

The rate
applicable
in the
absence of
this heading

The rate
applicable
in the
absence of
this heading
Free

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-64
Heading/ Stat.
Subheading Suffix

Article Description

Unwrought metal including remelt scrap ingot (except
copper, lead, zinc and tungsten) in the form of pigs,
ingots or billets (a) which are defective or damaged, or
have been produced from melted down metal waste
and scrap for convenience in handling and
transportation without sweetening, alloying, fluxing or
deliberate purifying, and (b) which cannot be
commercially used without re-manufacture; relaying or
rerolling rails; and articles of metal (except articles of
lead, of zinc or of tungsten, and not including
metal-bearing materials provided for in section VI,
chapter 26 or subheading 8548.10 and not including
unwrought metal provided for in chapters 72-81)
to be used in remanufacture by melting or to be
processed by shredding, shearing, compacting or
similar processing which renders them fit only for the
recovery of the metal content:
Articles of copper . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9817.00.80 1/

9817.00.90
40
1/
60
1/
80
1/

Unit
of
Quantity

Rates of Duty
1
General

Free

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free
Pigs, ingots or billets . . . . . . . . . . . . . . . . . . . . . . . . 1/

2
Special

The rate
applicable
in the
absence of
this
subheading
Free

Relaying or rerolling rails . . . . . . . . . . . . . . . . . . . . .

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Articles specially designed or adapted for the use or
benefit of the blind or other physically or mentally
handicapped persons; parts and accessories (except
parts and accessories of braces and artificial limb
prosthetics) that are specially designed or adapted for
use in the foregoing articles:
Articles for the blind:
Books, music and pamphlets, in raised print,
9817.00.92 1/
used exclusively by or for them . . . . . . . . . . . . . . . .

Free

Braille tablets, cubarithms, and special
apparatus, machines, presses, and types for
their use or benefit exclusively . . . . . . . . . . . . . . . .

Free

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

9817.00.94 1/

9817.00.96 1/

9817.00.98 00 Theatrical scenery, properties and apparel brought into
the United States by proprietors or managers of
theatrical, ballet, opera or similar productions arriving
from abroad for temporary use by them in such
productions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

1/ See statistical note 1 to this subchapter.

The rate
applicable
in the
absence
of this
heading

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-65
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1

General

Special

9817.22.05 1/ Rum, tafia, liqueurs and spirituous beverages, of a type
classifiable in subheading 2208.40 or 2208.90 and
described in U.S. note 6 to this subchapter . . . . . . . . . . . .

9817.29.01 1/ Cyclic organic chemical products in any physical form
having an aromatic or modified aromatic structure,
however provided for in chapter 29 (but excluding
2,3-dihydroxynaphthalene-6-sulfonic acid, sodium salt),
to be used in the manufacture of photographic color
couplers; photographic color couplers (but excluding
2,3-dihydroxynaphthalene-6-sulfonic acid, sodium salt)
(all the foregoing goods however provided for in
chapter 29 or in subheading 3707.90.31, 3707.90.32
or 3707.90.60) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

The rate
applicable
in the
absence
of this
heading

9817.29.02 1/ Methanol (Methyl alcohol) produced from natural gas
aboard a vessel on the high seas or in foreign waters . . . .

Free

46%

9817.57.01 1/ Needle-craft display models, primarily hand stitched, of
completed mass-produced kits (provided for in
subheading 5701.10.40, 5701.10.90, 5701.90.20,
5805.00.25, 5805.00.40, 6302.91, 6302.92, 6302.93.10,
6302.93.20, 6302.99.20, 6303.19, 6303.92.10,
6303.92.20, 6303.99, 6304.92, 6304.93, 6304.99.15,
6304.99.35, 6304.99.60, 6307.90.85
or 6307.90.98) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

The rate
applicable
in the
absence
of this
heading

Free

9817.60.00 00 Any of the following articles not intended for sale or
distribution to the public: personal effects of aliens who
are participants in, officials of, or accredited members
of delegations to, an international athletic event held in
the United States, such as the Olympics and Paralympics,
the Goodwill Games, the Special Olympics World Games,
the World Cup Soccer Games, or any similar international
athletic event as the Secretary of the Treasury may
determine, and of persons who are immediate family
members of or servants to any of the foregoing persons;
equipment and materials imported in connection with any
such foregoing event by or on behalf of the foregoing
persons or the organizing committee of such an event,
articles to be used in exhibitions depicting the culture of
a country participating in such an event; and, if consistent
with the foregoing, such other articles as the Secretary
of the Treasury may allow . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

1/ See statistical note 1 to this subchapter.

Free

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-66
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

9817.61.01 1/ Articles of ski racing apparel which, because of their
padding, construction, or other special features, are
specially designed to protect against injuries from the
sport of ski racing, such as blows caused by slalom
gates or falls (provided for in subheading 6101.30.20,
6105.20.20, 6110.11, 6110.12.20, 6110.19, 6110.20.20,
6110.30.30, 6112.20.10, 6114.30.30, 6203.43.15
or 6203.43.35) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.5%

9817.64.01 1/ Footwear, other than goods of heading 9021, of a kind
for supporting or holding the foot following an illness,
operation or injury, provided that such footwear is
(1) made to measure and (2) presented singly and not
in pairs and designed to fit either foot equally . . . . . . . . . . .

Free

The rate
applicable
in the
absence
of this
heading

9817.82.01 1/ Mounted tool and drill bit blanks of polycrystalline
diamond (provided for in subheadings 8207.19.60,
8207.50.40 or 8207.50.80) and mounted tool blanks
of polycrystalline diamond (provided for in subheadings
8207.70.60, 8207.80.60, 8207.90.45 or 8207.90.75 . . . . .

Free

The rate
applicable
in the
absence
of this
heading

9817.84.01 1/ Wheelbuilding, wheel-trueing, rimpunching, tire fitting
and similar machines (provided for in subheading
8462.21, 8462.29, 8462.41, 8462.49, 8479.89.98 or
9031.80), all the foregoing suitable for use in the
manufacture of wheels for bicycles . . . . . . . . . . . . . . . . . . .

Free

The rate
in the
absence
of this
heading

9817.85.01 1/ Prototypes to be used exclusively for development,
testing, product evaluation, or quality control purposes . . .

Free

The rate
applicable
in the
absence of
this heading

1/ See statistical note 1 to this subchapter.

Free (JO)
The rate
applicable in the
absence of this
heading
(A,CA,E,IL,J,MX)

The rate
applicable
in the
absence
of this
heading

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER XVIII
VESSEL PARTS AND REPAIRS
XXII
98-67
U.S. Note
1. The provisions of this subchapter pertain to vessels documented under the laws of the United States to engage in the foreign or
coasting trade, or vessels intended to be employed in such trade, for which any entry is required under the customs laws of the United
States.
Statistical Note
1. For statistical reporting of merchandise under subheading 9818.00.05.
(a)

(b)

The quantities reported should be in the units provided in chapters 1-97.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-68
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1
General

2
Special

Equipments, or any part thereof, including boats,
purchased for, or the repair parts or materials to be
used, or the expenses of repairs made in a foreign
country upon, a vessel described in U.S. note 1 to this
subchapter:
9818.00.01 00
Any equipment, or any part of equipment, purchased
for, or the repair parts or materials employed in, or
the expense of repairs made in a foreign country
with respect to, a LASH (Lighter Aboard Ship) barge
utilized as a cargo container, upon first arrival of
such barge in any port of the United States . . . . . . . . . X . . . . . . Free

9818.00.03 00

9818.00.05 00

9818.00.07 00

50 percent
of the
cost of
such goods
or repairs

Spare repair parts or materials (other than nets or
nettings) which the owner or master of a vessel
certifies are intended for use aboard a cargo vessel,
for installation or use on such vessel, as needed, in
the United States, at sea, or in a foreign country, but
only if duty is or has been paid under this schedule
upon first entry into the United States of each such
spare part or material purchased in, or imported
from, a foreign country . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . Free

Spare parts necessarily installed before first entry
into the United States, upon first entry into the United
States of each such spare part purchased in, or
imported from, a foreign country . . . . . . . . . . . . . . . . . .

The rate
applicable
in the
absence of
this
subheading
on the
cost of
such parts

Other, upon first arrival in any port of the United
States of any vessel described in U.S. note 1 to this
subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . . 50 percent
of the
cost of
such goods
or repairs

1/ See statistical note 1 to this subchapter.

50 percent
of the
cost of
such parts
or
materials

Free (C,CA,E,IL,
J,JO,MX)

50 percent
of the
cost of
such parts

Free (C,CA,E,IL,
J,JO,MX)

50 percent
of the
cost of
such goods
or
repairs

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER XIX
TEXTILE AND APPAREL GOODS ELIGIBLE FOR SPECIAL TARIFF BENEFITS
UNDER THE AFRICA GROWTH AND OPPORTUNITY ACT
XXII
98-69
U.S. Notes
1. For purposes of this subchapter, the tariff treatment provided herein shall be accorded only to textile and apparel articles that are
described in such subheadings and imported directly into the customs territory of the United States from those beneficiary sub-Saharan
African countries previously designated by proclamation which have subsequently been determined in a Federal Register notice issued
by the United States Trade Representative (USTR) to have satisfied the requirements of the African Growth and Opportunity Act
(AGOA) (title I of Pub.L. No. 106-200) and therefore should be afforded the tariff treatment authorized in such Act and set forth in the
provisions of this subchapter. Such countries shall be enumerated in this note whenever the USTR issues a Federal Register notice as
described herein. Such articles shall be eligible to enter free of duty and free of any quantitative limitations, except as provided in the
notes to this subchapter. The USTR has determined that the following countries have adopted an effective visa system and related
procedures and have satisfied the customs requirements of the AGOA and, therefore, are to be afforded the tariff treatment provided
for in this note:
Botswana, Cameroon, Cape Verde, Ethiopia, Ghana, Kenya, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia,
Rwanda, Senegal, South Africa, Swaziland, Tanzania, Uganda, Zambia
2. (a)

(b)

Imports of apparel articles under subheadings 9819.11.09 and 9819.11.12 shall be limited, in the period beginning on the date
announced in a notice published in the Federal Register by the United States Trade Representative and continuing through the
close of September 30, 2001, to an aggregate quantity not to exceed 1.5 percent of the aggregate square meter equivalents of
all apparel articles imported into the United States in the preceding 12-month period for which data are available. Of that
aggregate quantity, an amount not to exceed 1 percent of such aggregate square meter equivalents shall be eligible to enter
under such subheadings during the period beginning on the date announced in such Federal Register notice and continuing
through the close of December 31, 2000. The remaining 0.5 percent of such aggregate square meter equivalents, together with
any quantity remaining unfilled from the 1 percent eligible to enter prior to January 1, 2001, shall be eligible to enter under such
subheadings during the period beginning on January 1, 2001 and continuing through the close of September 30, 2001.
Such imports of apparel articles under subheading 9819.11.09 shall be limited, in each of the seven one-year periods beginning
on October 1, 2001, to an aggregate quantity not to exceed the applicable percentage set forth herein of aggregate square meter
equivalents of all apparel articles imported into the United States in the preceding 12-month period for which data are available:
12-Month Period
October 1, 2001 through September 30, 2002
October 1, 2002 through September 30, 2003
October 1, 2003 through September 30, 2004
October 1, 2004 through September 30, 2005
October 1, 2005 through September 30, 2006
October 1, 2006 through September 30, 2007
October 1, 2007 through September 30, 2008

Applicable Percentage
1.7857
4.2414
4.7931
5.3448
5.8965
6.4482
7.0

Apparel articles from a lesser developed beneficiary sub-Saharan African country enumerated in subdivision (d) of this note, when
such articles are described in and entered under subheading 9819.11.12, shall be counted toward the limit set forth in this note
for apparel articles described in and entered under subheading 9819.11.09 and shall, in each of the one-year periods beginning
on October 1, 2002, and October 1, 2003, be limited to an aggregate quantity not to exceed the applicable percentage set forth
herein of aggregate square meter equivalents of all apparel articles imported into the United States in the preceding 12-month
period for which data are available:
12-month Period
October 1, 2002 through September 30, 2003
October 1, 2003 through September 30, 2004

Applicable Percentage
2.0714
2.3571

Such apparel articles described in subheading 9819.11.12 during the 12-month periods enumerated above shall be allowed to
enter regardless of the country of origin of the fabric or yarn used to make such articles.
(c)

The aggregate quantity of imports allowed during each enumerated 12-month period shall be published in the Federal Register by
the Committee for the Implementation of Textile Agreements.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

XXII
98-70
U.S. Notes (con.)
(d)

For purposes of subheading 9819.11.12, only those designated beneficiary sub-Saharan African countries that have been
enumerated in U.S. note 1 to this subchapter, following publication of a notice by the United States Trade Representative, shall
be eligible to be treated as lesser developed beneficiary countries pursuant to section 112(b)(3)(B) of the AGOA (19 U.S.C.
3721(b)(3)(B)). Countries qualifying for designation as a lesser developed beneficiary country shall be enumerated in this note
whenever the USTR issues a Federal Register notice as described herein and shall be eligible to enter goods under such
subheading as of the effective date announced in such notice. Products of the following countries qualifying as lesser developed
beneficiary sub-Saharan African countries for purposes of such subheading, if described therein, shall be eligible to enter
thereunder, provided that such countries are named in U.S. note 1 to this subchapter on the date of entry, or withdrawal from
warehouse for consumption:
Republic of Benin
Republic of Botswana
Republic of Cape Verde
Republic of Cameroon
Central African Republic
Republic of Chad
Republic of Congo
Republic of Djibouti
State of Eritrea
Ethiopia
Republic of Ghana

3. (a)

Republic of Guinea
Republic of Guinea-Bissau
Republic of Kenya
Kingdom of Lesotho
Republic of Madagascar
Republic of Malawi
Republic of Mali
Islamic Republic of Mauritania
Republic of Mozambique
Republic of Namibia
Republic of Niger

Federal Republic of Nigeria
Republic of Rwanda
Democratic Republic of Sao
Tomé and Principe
Republic of Senegal
Republic of Sierra Leone
Swaziland
United Republic of Tanzania
Republic of Uganda
Republic of Zambia

An article otherwise eligible for preferential treatment under any provision of this subchapter shall not be ineligible for such
treatment because the article contains-(i)

findings or trimmings of foreign origin, if the value of such findings and trimmings does not exceed 25 percent of the cost of
the components of the assembled article; or

(ii)

(iii)

fibers or yarns not wholly formed in the United States or in one or more designated beneficiary countries enumerated in
U.S. note 1 to this subchapter, provided that the total weight of all such fibers and yarns is not more than 7 percent of the
total weight of the article.

(b)

For purposes of subdivision (a)(i) above, findings or trimmings eligible under such subdivision include sewing thread, hooks and
eyes, snaps, buttons, “bow buds”, decorative lace trim, elastic strips, and zippers (including zipper tapes) and labels. Elastic
strips are considered findings or trimmings only if they are each less than 2.54 cm in width and used in the production of
brassieres. For purposes of articles described in subheading 9819.11.06 and 9819.11.30, sewing thread shall not be considered
to be findings or trimmings.

(c)

For purposes of subdivision (a)(ii) above, the interlinings eligible under such subdivision include only a chest type plate, a “hymo”
piece, or “sleeve header”, of woven or weft-inserted warp knit construction and of coarse animal hair or man-made filaments.

4. For purposes of subheading 9819.11.27, goods entered under this provision must be certified, by a competent authority of a
designated beneficiary country enumerated in U.S. note 1 to this subchapter, as eligible products of such country, in accordance with
any requirements established by the appropriate U.S. government authority.

Statistical Note
1. For statistical reporting of merchandise under the subheadings of this subchapter:
(a)

(b)

The quantities reported should be in the units provided in chapters 1-97.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-71
Heading/ Stat.
Subheading Suffix

Article Description

Articles imported from a designated beneficiary
sub-Saharan African country enumerated in U.S. note 1 to
this subchapter:
9819.11.03 1/
Apparel articles of chapter 61 or 62 sewn or otherwise
assembled in one or more such countries from fabrics
wholly formed and cut, or from components
knit-to-shape, in the United States, from yarns wholly
formed in the United States (including fabrics not
formed from yarns, if such fabrics are classifiable in
heading 5602 or 5603 and are wholly formed and cut
in the United States), the foregoing which (1) are
embroidered or were subjected to stone-washing,
enzyme-washing, acid washing, permapressing,
oven-baking, bleaching, garment-dyeing, screen
printing or other similar processes, and (2) but for
such embroidery or processing are of a type
otherwise described in heading 9802.00.80 of the
tariff schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9819.11.06 1/

9819.11.09 1/

9819.11.12 1/

9819.11.15 1/

Unit
of
Quantity

Rates of Duty
1

General

Special

Free

Apparel articles sewn or otherwise assembled in one
or more such countries with thread formed in the
United States from fabrics wholly formed in the United
States and cut in one or more such countries from
yarns wholly formed in the United States, or from
components knit-to-shape in the United States from
yarns wholly formed in the United States, or both
(including fabrics not formed from yarns, if such
fabrics are classifiable under heading 5602 or 5603
of the tariff schedule and are wholly formed in the
United States) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Apparel articles wholly assembled in one or more
such countries from fabric wholly formed in one or
more such countries from yarn originating in either the
United States or one or more such countries (including
fabrics not formed from yarns, if such fabrics are
classifiable under heading 5602 or 5603 and are
whollyformed and cut in one or more such countries),
or from components knit-to-shape in one or more
such countries from yarns originating either in the
United States or in one or more such countries, or
apparel articles wholly formed on seamless knitting
machines in such a country from yarns originating
either in the United States or one or more such
countries, subject to the provisions of U.S. note 2 to
this subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Apparel articles wholly assembled, or knit-to-shape
and wholly assembled, or both, in one or more
such lesser developed countries enumerated in U.S.
note 2(d) to this subchapter, subject to the provisions
of U.S. note 2 to this subchapter, regardless of the
country of origin of the fabric or the yarn used to make
such articles, if entered during the period beginning on
the date announced in a Federal Register notice
issued by the United States Trade Representative and
continuing through September 30, 2004, inclusive . . . .

Free

Sweaters, in chief weight of cashmere, knit-to-shape
in one or more such countries, the foregoing
classifiable in subheading 6110.12 . . . . . . . . . . . . . . . .

Free

1/ See statistical note 1 to this subchapter.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-72
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1

General

Special

Articles imported from a designated beneficiary
sub-Saharan African country enumerated in U.S. note 1 to
this subchapter (con.):
9819.11.18 1/
Sweaters containing 50 percent or more by weight of
wool measuring 21.5 microns in diameter or finer,
knit-to-shape in one or more such countries . . . . . . . . .

Free

Apparel articles both cut (or knit-to-shape) and sewn
or otherwise assembled in one or more such countries
from fabrics or yarn that is not formed in the United
States or a beneficiary country, provided that such
apparel articles of such fabrics or yarn would be
considered an originating good under the terms of
general note 12(t) to the tariff schedule without regard
to the source of the fabric or yarn if such apparel
article had been imported from the territory of Canada
or the territory of Mexico directly into the customs
territory of the United States . . . . . . . . . . . . . . . . . . . . .

Free

Apparel articles both cut (or knit-to-shape) and sewn
or otherwise assembled in one or more such countries
from fabrics or yarn designated by the appropriate
U.S. government authority in the Federal Register as
fabrics or yarn not available in commercial quantities
in the United States, under any terms as such authority
may provide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Handloomed, handmade or folklore textile and apparel
goods, under the provisions of U.S. note 4 to this
subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Apparel articles sewn or otherwise assembled in one
or more such countries with thread formed in the
United States, the foregoing (i) from components
cut in the United States and in one or more such
countries from fabric wholly formed in the United
States from yarns wholly formed in the United States
(including fabrics not formed from yarns, if such
fabrics are classifiable under heading 5602 or 5603
of the tariff schedule), or (ii) from components
knit-to-shape in the United States and one or more
such countries from yarns wholly formed in the
United States, or (iii) from any combination of two
or more of the foregoing knitting-to-shape or cutting
operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

9819.11.21 1/

9819.11.24 1/

9819.11.27 1/

9819.11.30 1/

1/ See statistical note 1 to this subchapter.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER XX
GOODS ELIGIBLE FOR SPECIAL TARIFF BENEFITS UNDER THE
UNITED STATES-CARIBBEAN BASIN TRADE PARTNERSHIP ACT
XXII
98-73
U.S. Notes
1. The tariff treatment provided in this subchapter shall be accorded only to textile and apparel articles that are described in such
subheadings and imported directly into the customs territory of the United States from a designated United States-Caribbean Basin
Trade Partnership Act (CBTPA) beneficiary country enumerated in general note 17(a) to the tariff schedule. The following countries
have been determined by the USTR to have satisfied the customs requirements of the CBTPA and, therefore, to be afforded the tariff
treatment provided for in this note:
Barbados, Belize, Costa Rica, Dominican Republic, El Salvador, Guatemala, Guyana, Haiti, Honduras, Jamaica, Nicaragua, Panama,
Saint Lucia,Trinidad and Tobago
2. (a)

(b)

Except as provided in this note, textile and apparel articles described in subheadings 9820.11.03 through 9820.11.33, inclusive, of
this subchapter that are imported directly into the customs territory of the United States from a designated beneficiary CBTPA
country enumerated in general note 17(a) to the tariff schedule shall be eligible to enter free of duty and free of any quantitative
limitations, except as provided in this subchapter, under the terms of the provisions set forth in such subheadings and applicable
legal notes, as indicated by the rate of duty of “Free” in the Special rates of duty subcolumn for such provisions. For purposes of
subheadings 9820.11.03, 9820.11.06, 9820.11.18, and 9820.11.33, apparel articles entered on or after September 1, 2002, that
are assembled in a beneficiary CBTPA country from knitted or crocheted fabrics or from woven fabrics shall be eligible to receive
the duty treatment provided for in this note only if all dyeing, printing and finishing of such fabrics from which the articles are
assembled is carried out in the United States.
Imports of apparel articles under subheading 9820.11.09 shall be limited, in the period beginning on October 2, 2000 and
continuing through the close of September 30, 2001, to an aggregate quantity not to exceed 250,000,000 square meter
equivalents. Such imports of apparel articles shall be limited, during each of the one-year periods provided for herein, to the
following aggregate quantity of square meter equivalents:
12-Month Period

Square Meter Equivalents

October 1, 2001 through September 30, 2002.....................
October 1, 2002 through September 30, 2003.....................
October 1, 2003 through September 30, 2004 ....................
October 1, 2004 through September 30, 2005
and subsequent 12-month periods.................................
(c)

290,000,000
500,000,000
850,000,000
970,000,000

Imports of t-shirts under subheading 9820.11.12 shall be limited, in the period beginning on October 2, 2000 and continuing
through the close of September 30, 2001, to an aggregate quantity not to exceed 4,200,000 dozen. Such imports of such t-shirts
shall be limited, during each of the one-year periods provided for herein, to the following aggregate quantity:
12-Month Period

Aggregate Quantity in Dozens

October 1, 2001 through September 30, 2002..................................
October 1, 2002 through September 30, 2003..................................
October 1, 2003 through September 30, 2004 .................................
October 1, 2004 through September 30, 2005
and subsequent 12-month periods.............................................
(d)

4,872,000
9,000,000
10,000,000
12,000,000

For purposes of subheading 9820.11.15, imports of brassieres of a producer or an entity controlling production, during the period
beginning on October 1, 2001, and during each of the six succeeding 1-year periods, shall be eligible for preferential treatment
only if the aggregate cost of fabrics (exclusive of all findings and trimmings) formed in the United States that are used in the
production of all such articles of that producer or entity that are entered and eligible under subheading 9820.11.15 during the
preceding 1-year period is at least 75 percent of the aggregate declared customs value of the fabric (exclusive of all findings and
trimmings) contained in all such articles of that producer or entity that are entered and eligible under subheading 9820.11.15
during the preceding 1-year period. The United States Customs Service shall develop and implement methods and procedures
to ensure ongoing compliance with the provisions of this paragraph. If the Customs Service finds that a producer or an entity
controlling production has not satisfied such provisions in a 1-year period, then such apparel articles of that producer or entity
shall be ineligible for preferential treatment under subheading 9820.11.15 during any succeeding 1-year period until the aggregate
cost of fabrics (exclusive of all findings and trimmings) formed in the United States used in the production of such articles of that
producer or entity entered during the preceding 12-month period is at least 85 percent of the aggregate declared customs value
of the fabric (exclusive of all findings and trimmings) contained in all such articles of that producer or entity that are entered and
eligible under subheading 9820.11.15 during the preceding 1-year period.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

XXII
98-74
U.S. Notes (con.)
3. (a)

An article otherwise eligible for preferential treatment under any provision of this subchapter shall not be ineligible for such
treatment because the article contains-(i)

findings or trimmings of foreign origin, if the value of such findings and trimmings does not exceed 25 percent of the cost of
the components of the assembled article; or

(ii)

(iii)

fibers or yarns not wholly formed in the United States or in one or more designated beneficiary countries enumerated in
general note 17(a) to the tariff schedule, provided that the total weight of all such fibers and yarns is not more than 7
percent of the total weight of the article; or

(iv)

thread, used to assemble such apparel article, that is dyed, printed or finished in one or more CBTPA beneficiary countries.

Notwithstanding subdivision (iii) above, an apparel article containing elastomeric yarns shall be eligible for preferential tariff
treatment under this note only if such yarns are wholly formed in the United States.
(b)

For purposes of subdivision (a)(i) above, findings or trimmings eligible under such subdivision include sewing thread, hooks and
eyes, snaps, buttons, “bow buds”, decorative lace trim, elastic strips, zippers (including zipper tapes) and labels and other similar
products. Elastic strips are considered findings or trimmings only if they are each less than 2.54 cm in width and used in the
production of brassieres. For purposes of articles described in subheading 9820.11.06, 9820.11.18, and 9820.11.33, sewing
thread shall not be considered to be findings or trimmings.

(c)

(d)

For purposes of U.S. note 7(i) to subchapter II of this chapter and subheadings 9820.11.03, 9820.11.06 and 9820.11.18, an
article otherwise eligible for preferential treatment under such subheadings shall not be ineligible for such treatment because the
article contains nylon filament yarn (other than elastomeric yarn) classifiable under subheading 5402.10.30, 5402.10.60,
5402.31.30, 5402.31.60, 5402.32.30, 5402.32.60, 5402.41.10, 5402.41.90, 5402.51.00 or 5402.61.00 of the tariff schedule that
entered free of duty as a product of Israel under the terms of general note 8 to the tariff schedule or as a good of Canada or a
good of Mexico under the terms of general note 12 to the tariff schedule.

4. For purposes of subheading 9820.11.30, goods entered under this provision must be certified, by a competent authority of a
designated beneficiary country enumerated in general note 17(a) to the tariff schedule, as eligible products of such country, in
accordance with requirements established by the appropriate U.S. government authority.
Statistical Note
1. For statistical reporting of merchandise under the subheadings of this subchapter:
(a)

(b)

The quantities reported should be in the units provided in chapters 1-97.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-75
Heading/ Stat.
Subheading Suffix

Article Description

Articles imported from a designated beneficiary Caribbean
Basin Trade Partnership country enumerated in general
note 17(a) to the tariff schedule:
9820.11.03 1/
Apparel articles of chapter 61 or 62 sewn or otherwise
assembled in one or more such countries from fabrics
wholly formed and cut in the United States, from yarns
wholly formed in the United States (including fabrics
not formed from yarns, if such fabrics are classifiable
in heading 5602 or 5603 and are wholly formed and
cut in the United States), the foregoing which (1) are
embroidered or were subjected to stone-washing,
enzyme-washing, acid washing, permapressing,
oven-baking, bleaching, garment-dyeing, screen
printing or other similar processes, (2) but for such
embroidery or processing are of a type otherwise
described in heading 9802.00.80 of the tariff schedule,
and (3) meet the requirements of U.S. note 2(a) to
this subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9820.11.06 1/

9820.11.09 1/

9820.11.12 1/

Unit
of
Quantity

Rates of Duty
1

General

Special

Free

Apparel articles sewn or otherwise assembled in one
or more such countries with thread formed in the
United States from fabrics wholly formed in the
United States and cut in one or more such countries
from yarns wholly formed in the United States, or from
components knit-to-shape in the United States from
yarns wholly formed in the United States, or both
(including fabrics not formed from yarns, if such
fabrics are classifiable under heading 5602 or 5603
of the tariff schedule and are wholly formed in the
United States), under the terms of U.S. note 2(a)
to this subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Apparel articles (other than socks provided for in
heading 6115 of the tariff schedule) knit to shape in
such a country from yarns wholly formed in the United
States; knitted or crocheted apparel articles (except
t-shirts, other than underwear, classifiable in
subheadings 6109.10.00 and 6109.90.10 and
described in subheading 9820.11.12) cut and wholly
assembled in one or more such countries from fabrics
formed in one or more such countries or from fabrics
formed in one or more such countries and the United
States, all the foregoing from yarns wholly formed in
the United States (including fabrics not formed from
yarns, if such fabrics are classifiable in heading 5602
or 5603 of the tariff schedule and are formed in one
or more such countries) and subject to the provisions
of U.S. note 2(b) to this subchapter . . . . . . . . . . . . . . .

Free

T-shirts, other than underwear, classifiable in
subheadings 6109.10.00 and 6109.90.10 of the tariff
schedule, made in one or more such countries from
fabric formed in one or more such countries from
yarns wholly formed in the United States, subject to
the provisions of U.S. note 2(c) to this subchapter . . . .

Free

1/ See statistical note 1 to this subchapter.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-76
Heading/ Stat.
Subheading Suffix

Article Description

Articles imported from a designated beneficiary Caribbean
Basin Trade Partnership country enumerated in general
note 17(a) to the tariff schedule (con.):
9820.11.15 1/
Brassieres classifiable in subheading 6212.10 of the
tariff schedule, both cut and sewn or otherwise
assembled in the United States or one or more such
countries or both, subject to the provisions of U.S.
note 2(d) to this subchapter . . . . . . . . . . . . . . . . . . . . .
9820.11.18 1/

9820.11.21 1/

9820.11.24 1/

9820.11.27 1/

9820.11.30 1/

Unit
of
Quantity

Rates of Duty
1

General

Special

Free

Knitted or crocheted apparel articles cut and
assembled in one or more such countries from
fabrics wholly formed in the United States from yarns
wholly formed in the United States, or from
components knit-to-shape in the United States from
yarns wholly formed in the United States, or both
(including fabrics not formed from yarns, if such
fabrics are classifiable in heading 5602 or 5603 of the
tariff schedule and are formed wholly in the United
States), if such assembly is with thread formed in the
United States, and under the terms of U.S. note 2(a)
to this subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Textile luggage assembled in such a country from
fabric cut in a beneficiary country from fabric wholly
formed in the United States from yarns wholly formed
in the United States . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Apparel articles both cut (or knit-to-shape) and sewn
or otherwise assembled in one or more such
countries from fabrics or yarn not formed in the
United States or in one or more such countries,
provided that such apparel articles of such fabrics
or yarn would be considered an originating
good under the terms of general note 12(t) to the
tariff schedule without regard to the source of the
fabric or yarn if such apparel article had been
imported from the territory of Canada or the territory
of Mexico directly into the customs territory of the
United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Apparel articles both cut (or knit-to-shape) and sewn
or otherwise assembled in one or more such countries
from fabrics or yarn designated by the appropriate
U.S. government authority in the Federal Register as
fabrics or yarn not available in commercial quantities in
the United States, under any terms as such authority
may provide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Handloomed, handmade or folklore textile and apparel
goods, under the terms of U.S. note 4 to this
subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

1/ See statistical note 1 to this subchapter.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-77
Heading/ Stat.
Subheading Suffix

Article Description

Articles imported from a designated beneficiary Caribbean
Basin Trade Partnership country enumerated in general
note 17(a) to the tariff schedule (con.):
9820.11.33 1/
Apparel articles sewn or otherwise assembled in one
or more such countries with thread formed in the
United States, the foregoing (i) from components
cut in the United States and in one or more such
countries from fabric wholly formed in the United
States from yarns wholly formed in the United States
(including fabrics not formed from yarns, if such
fabrics are classifiable under heading 5602 or 5603
of the tariff schedule), or (ii) from components
knit-to-shape in the United States and one or more
such countries from yarns wholly formed in the
United States, or (iii) from any combination of two or
more of the foregoing knitting-to-shape or cutting
operations, under the terms of U.S. note 2(a) to this
subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1/ See statistical note 1 to this subchapter.

Unit
of
Quantity

Rates of Duty
1

General

Special

Free

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

SUBCHAPTER XXI
GOODS ELIGIBLE FOR SPECIAL TARIFF BENEFITS UNDER THE
ANDEAN TRADE PROMOTION AND DRUG ERADICATION ACT
XXII
98-79
U.S. Notes

1. The tariff treatment provided in this subchapter shall be accorded only to goods that are described in the subheadings of this
subchapter and imported directly into the customs territory of the United States from a designated Andean Trade Promotion
and Drug Eradication Act (ATPDEA) beneficiary country that satisfies the customs requirements of the ATPDEA and is
enumerated below. The following countries have been designated by the President as ATPDEA beneficiary countries that
satisfy the customs requirements of the ATPDEA and, therefore, are to be afforded the tariff treatment provided for in this
subchapter:
Bolivia
Colombia
Ecuador
Peru
2. (a)

For purposes of eligibility for duty-free treatment under subheading 9821.01.01, such tuna-(i)

must be harvested by United States vessels or by ATPDEA beneficiary country vessels, and

(ii)

must have been prepared or preserved in any manner in an ATPDEA beneficiary country enumerated in note 1 to
this subchapter.

Such tuna shall enter the United States free of any quantitative restrictions.
(b)

The term “United States vessels” includes any vessel having a certificate of documentation with a fishery endorsement
under chapter 121 of title 46, United States Code; and the term “ATPDEA beneficiary country vessels” includes any
vessel–
(i)

which is registered or recorded in an ATPDEA beneficiary country enumerated in note 1 to this subchapter,

(ii)

which sails under the flag of such an ATPDEA beneficiary country,

(iii) which is at least 75 percent owned by nationals of such an ATPDEA beneficiary country or by a company having its
principal place of business in such an ATPDEA beneficiary country, of which the manager or managers, chairman
of the board of directors or of the supervisory board and the majority of the members of such boards are nationals
of such an ATPDEA beneficiary country and of which, in the case of a company, at least 50 percent of the capital is
owned by such an ATPDEA beneficiary country or by public bodies or nationals of an ATPDEA beneficiary country;
(iv) of which the master and officers are nationals of such an ATPDEA beneficiary country; and
(v)

of which at least 75 percent of the crew are nationals of such an ATPDEA beneficiary country.

3. (a)

Except as provided in this note, textile and apparel articles described in subheadings 9821.11.01 through 9821.11.25,
inclusive, of this subchapter that are imported directly into the customs territory of the United States from a designated
ATPDEA beneficiary country enumerated in U.S. note 1 to this subchapter shall be eligible to enter free of duty and free
of any quantitative limitations, restrictions or consultation levels except as provided in this subchapter, under the terms
of the provisions set forth in such subheadings and applicable legal notes, as indicated by the rate of duty of “Free” in
the “Special” subcolumn for such provisions.

(b)

For purposes of subheading 9821.11.16, goods entered under this provision must be certified, by a competent authority
of a designated ATPDEA beneficiary country enumerated in U.S. note 1 to this subchapter, as eligible products of such
country, in accordance with requirements established by the appropriate U.S. government authority.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

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U.S. Notes (con.)

(c)

For purposes of subheading 9821.11.19, imports of brassieres of a producer or an entity controlling production, during
the 12-month period beginning on October 1, 2003, and during each of the two succeeding 12-month periods and the
time period beginning October 1, 2006 and ending December 31, 2006, shall be eligible for preferential treatment under
this subheading only if the aggregate cost of fabrics (exclusive of all findings and trimmings) formed in the United States
that are used in the production of all such articles of that producer or entity that are entered and eligible during the
preceding 12-month period is at least 75 percent of the aggregate declared customs value of the fabric (exclusive of all
findings and trimmings) contained in all such articles of that producer or entity that are entered and eligible under this
subheading during the preceding 12-month period. If the Customs Service finds that a producer or an entity controlling
production has not satisfied such requirement in a 12-month period, then all such apparel articles of that producer or
entity shall be ineligible for preferential treatment under this subheading during any succeeding 12-month period until the
aggregate cost of fabrics (exclusive of all findings and trimmings) formed in the United States that are used in the
production of such articles of that producer or entity entered during the preceding 12-month period is at least 85 percent
of the aggregate declared customs value of the fabric (exclusive of all findings and trimmings) contained all such articles
of that producer or entity that are entered and eligible under this clause during the preceding 12-month period.

(d)

For purposes of subheading 9821.11.25, the duty-free treatment afforded to goods imported under such subheading
shall be limited, in each of the time periods set forth herein, to an aggregate quantity not to exceed the applicable
percentage set forth herein in aggregate square meter equivalents of all apparel articles imported into the United States
in the preceding one-year period for which data are available:
Time Period
October 1, 2002 through September 30, 2003
October 1, 2003 through September 30, 2004
October 1, 2004 through September 30, 2005
October 1, 2005 through September 30, 2006
October 1, 2006 through December 31, 2006

Applicable Percentage
2%
2.75%
3.5%
4.25%
5%

The aggregate quantity of imports allowed during each enumerated time period shall be published in the Federal
Register by the Committee for the Implementation of Textile Agreements.
(e)

For purposes of subheading 9821.11.25, duty-free treatment shall be afforded to goods imported under such subheading
whether or not the apparel articles are also made from any of the fabrics, fabric components formed or components knitto-shape described in subheadings 9821.11.01 through 9821.11.10, inclusive, unless such articles are made exclusively
from any of the fabrics, fabric components formed or components knit-to-shape described in such subheadings.

4. (a)

A textile or apparel article otherwise eligible for preferential treatment under the provisions of this subchapter shall not be
ineligible for such treatment because the article contains–
(i)

findings or trimmings of foreign origin, if the value of such findings and trimmings does not exceed 25 percent of
the cost of the components of the assembled article;

(ii)

certain interlinings of foreign origin, if the value of such interlinings (and any findings and trimmings of foreign
origin) does not exceed 25 percent of the cost of the components of the assembled article, unless the appropriate
U.S. government authority terminates such treatment in a determination published in the Federal Register; or

(iii) yarns not wholly formed in the United States or in one or more designated ATPDEA beneficiary countries
enumerated in U.S. note 1 to this subchapter, provided that the total weight of all such yarns is not more than 7
percent of the total weight of the good.
(b)

(c)

For purposes of subdivision (a)(ii) above, the interlinings eligible under such subdivision include only a chest type plate,
“hymo” piece or “sleeve header”, of woven or weft-inserted warp knit construction and of coarse animal hair or manmade filaments.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes

XXII
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U.S. Notes (con.)

(d)

For purposes of subheadings 9821.11.01 through 9821.11.13, inclusive, and subheading 9821.11.25, an article
otherwise eligible for preferential treatment under such subheadings shall not be ineligible because the article contains
nylon filament yarn (other than elastomeric yarn) that is classifiable in subheading 5402.10.30, 5402.10.60, 5402.31.30,
5402.31.60, 5402.32.30, 5402.32.60, 5402.41.10, 5402.41.90, 5402.51.00 or 5402.61.00 of the tariff schedule that is
entered free of duty as a product of Israel under the terms of general note 8 to the tariff schedule or as a good of Canada
or a good of Mexico under the terms of general note 12 to the tariff schedule.

Statistical Note
1. For statistical reporting of merchandise under the subheadings of this subchapter:
(a)

(b)

The quantities reported should be in the units provided in chapters 1-97.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-82
Heading/ Stat.
Subheading Suffix

Article Description

Unit
of
Quantity

Rates of Duty
1

General

Special

Articles imported from a designated ATPDEA beneficiary
country enumerated in U.S. note 1(a) to this subchapter:
9821.01.01 1/
Tuna in foil or in flexible airtight containers, the
foregoing weighing with their contents not more
than 6.8 kg each, under the terms of U.S. note 2 to
this subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Apparel articles sewn or otherwise assembled in one
or more such countries, or the United States, or both,
exclusively from any of the following:
Fabrics or fabric components wholly formed, or
components knit-to-shape, in the United States,
from yarns wholly formed in the United States or
in one or more such countries (including fabrics
not formed from yarns, if such fabrics are
classifiable in heading 5602 or 5603 of the tariff
schedule and are formed in the United States),
provided that, if such apparel articles are
assembled from knitted or crocheted fabrics
or from woven fabrics, all dyeing, printing and
finishing of the fabrics is carried out in the
United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Fabrics or fabric components formed or components knit-to-shape in one or more such countries,
from yarns wholly formed in one or more such
countries, if such fabrics (including fabrics not
formed from yarns, if such fabrics are classifiable
in heading 5602 or 5603 of the tariff schedule
and are formed in one or more such countries) or
components are in chief value of llama, alpaca or
vicuña . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Fabrics or yarns, provided that such apparel
articles of such fabrics or yarns would be
considered an originating good under the terms
of general note 12(t) to the tariff schedule without
regard to the source of the fabric or yarn if such
apparel article had been imported from the
territory of Canada or the territory of Mexico
directly into the customs territory of the
United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Fabrics or yarns designated by the appropriate
U.S. government authority in the Federal Register
as fabrics or yarns that cannot be supplied by the
domestic industry in commercial quantities in a
timely manner, under any terms as such authority
may provide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Combinations of fabrics, fabric components,
knit-to-shape components or yarns described in
two or more subheadings from 9821.11.01
through 9821.11.10, inclusive . . . . . . . . . . . . . . . . .

Free

Handloomed, handmade or folklore textile and
apparel goods, under the terms of U.S. note 3(b) to
this subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free

Brassieres classifiable in subheading 6212.10 of the
tariff schedule, both cut and sewn or otherwise
assembled in the United States, or one or more
such countries, or both, subject to the provisions of
U.S. note 3(c) to this subchapter . . . . . . . . . . . . . . . . .

Free

9821.11.01 1/

9821.11.04 1/

9821.11.07 1/

9821.11.10 1/

9821.11.13 1/

9821.11.16 1/

9821.11.19 1/

1/ See statistical note 1 to this subchapter.

Harmonized Tariff Schedule of the United States (2003) (Rev. 2)
Annotated for Statistical Reporting Purposes
XXII
98-83
Heading/ Stat.
Subheading Suffix

Article Description

Articles imported from a designated ATPDEA
beneficiary country enumerated in U.S. note 1(a) to
this subchapter (con.):
9821.11.22 1/
Textile luggage assembled in one or more such
countries from fabric cut in one or more such
countries from fabric wholly formed in the
United States from yarns wholly formed in the
United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9821.11.25 1/

Apparel articles sewn or otherwise assembled in one
or more such countries from fabrics or from fabric
components formed or from components
knit-to-shape in one or more such countries, from
yarns wholly formed in the United States or in one or
more such countries (including fabrics not formed
from yarns, if such fabrics are classifiable in
heading 5602 or 5603 of the tariff schedule and are
formed in one or more such countries); the foregoing
apparel articles imported under the terms of U.S.
note 3(d) and U.S. note 3(e) to this subchapter . . . . . .

1/ See statistical note 1 to this subchapter.

Unit
of
Quantity

Rates of Duty
1

General

Special

Free

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