ITC Posts 2023 Harmonized Tariff Schedule; Changes Took Effect Jan. 1

The International Trade Commission posted the 2023 Basic Edition of the Harmonized Tariff Schedule. The new HTS implements the removal of AGOA benefits for Burkina Faso, as well as a lengthy list of 10-digit-level changes, including a bevy of new organic provisions for fruits and vegetables, more detailed provisions for plywood of tropical wood, and new tariff breakouts for pillows. Changes were effective as of Jan. 1 unless otherwise noted.

(Note: This report only includes changes made since the last revision to the online HTS (HTS 2022 Rev. 12). For a full list of changes since the last paper edition of the HTS was published on Jan. 1, 2020, see the change record.)

Burkina Faso Removed From AGOA

The 2023 tariff schedule removes Burkina Faso from the African Growth and Opportunity Act, pursuant to a determination by President Joe Biden (see 2211020041). Listings for the country under General Note 16 are deleted from the tariff schedule, as are mentions of the country in Chapter 98 provisions.

Statistical Changes Affect Fruits and Vegetables, Plywood, Face Masks, Used Cars

This year’s list of changes made by the interagency 484(f) Committee, which has members from the ITC, CBP and the Census Bureau and can make changes at the 10-digit level that don’t affect tariff rates, includes a series of new breakouts for organic fruits and vegetables, plywood, face masks, used cars and pillows.

Potatoes. Yellow (Solano) potatoes under subheading 0701.90.1000 have been broken into subheadings for certified organic (0701.90.1010) and other (0701.90.1060).

Non-yellow potatoes have undergone the following changes: For those imported in immediate containers of 1200 kg or less, “white varieties” have been added (0701.90.5037) and “other” has been renumbered to 0701.90.5041. For potatoes not imported in containers of 1200 kg or less, “certified organic” (0701.90.5043) and “white varieties” have been added (0701.90.5066). Russet or netted gem varieties have been renumbered to 0701.90.5046, red skins have been renumbered to 0701.90.5056 and “other” has been renumbered to 0701.90.5076.

Onions and shallots. Non-pearl onions had “certified organic” varieties added. Subheadings for certified organic onions under 0703.10.4025, and "other" (i.e., shallots) under 0703.10.4045 were added. Non-organic onions under 0703.10.4065 and non-organic "other" (i.e., shallots) under 0703.10.4085 were renumbered.

Cabbage. Napa Cabbage (0704.90.4045) was added and the subheading for other non-cauliflowers/non-brussels sprouts was renumbered to 0704.90.4055.

Cucumbers. Gherkins were added to the HTSUS and non-gherkin cucumbers were renumbered as follows: Gherkins entered between Dec. 1 and the end of February were added as 0707.00.2015. Gherkins entered between March 1 and April 30 were added as 0707.00.4015. Non-gherkin certified organic cucumbers entered between Dec. 1 and the end of February were renumbered to 0707.00.2035 and non-organic renumbered to 0707.00.2055. Non-gherkin certified organic cucumbers entered between March 1 and April were renumbered to 0707.00.4035 and non-organic renumbered to 0707.00.4055.

Non-organic greenhouse cucumbers entered between May 1 and June 30 or between Sept. 1 and Nov. 30 were broken into “Persian” (0707.00.5030) and “long seedless” (0707.00.5050) varieties, with “other” being renumbered to 0707.00.5060. Those entered between July 1 and Aug. 31 were similarly broken out into “Persian” (0707.00.6024) and “long seedless” (0707.00.6026) varieties, with “other” being renumbered to 0707.00.6028.

Chili peppers. Non-greenhouse chili peppers were further broken into jalapeno (0709.60.2020), mini sweet peppers (0709.60.2030), Anaheim (0709.60.2040), poblano (0709.60.2050), and serrano (0709.60.2060), with “other” being renumbered to 0709.60.2070.

Squash. Multiple varieties of squash as certified organic and non-organic were added to the HTS. Certified organic butternut (0709.93.2022), grey (0709.93.2025), spaghetti (0709.93.2028), kabocha (0709.93.2032), and acorn (0709.93.2035) were added, with “other” being renumbered to 0709.93.2038. Under non-organic squash, zucchini (0709.93.2055), butternut (0709.93.2060), grey (0709.93.2065), spaghetti (0709.93.2070), yellow straightneck (0709.93.2075), kabocha (0709.93.2080), acorn (0709.93.2085) and “other” (0709.93.2090) varieties were added.

Cactus leaves. Cactus leaves were added to “other vegetables” under new subheading 0709.99.9030, with “other” being renumbered to 0709.99.9080.

Chickpeas. Certified organic chickpeas were added under subheading 0713.20.2015, with Kabuli chickpeas renumbered to 0713.20.2025 and “other” chickpeas renumbered to 0713.20.2075.

Lentils. Certified organic varieties were added to red (0713.40.2035) and other non-green (0713.40.2065) lentils. Non-organic red (0713.40.2050) and other non-green (0713.40.2085) lentils were also added.

Dates. Whole dates packed in units weighing not more than 4.6 kg have been broken into “certified organic” (0804.10.2010) and “other” (0804.10.2090) varieties.

Grapes. “Certified organic” varieties have been added to grapes, as well as distinctions made between red, white and black varieties. Certified organic grapes entered between Feb. 15 and March 31 are numbered 0806.10.2005. Non-organic grapes are broken down into red (0806.10.2015), white (0806.10.2025), black (0806.10.2035) and “other” (0806.10.2045) varieties.

Certified organic grapes entered between April 1 and June 30 are numbered 0806.10.4005. Non-organic grapes are broken down into red (0806.10.4015), white (0806.10.4025), black (0806.10.4035) and “other” (0806.10.4045) varieties.

Certified organic grapes entered at any other times are numbered 0806.10.6005. Non-organic grapes are broken down into red (0806.10.6015), white (0806.10.6025), black (0806.10.6035) and “other” (0806.10.6045) varieties.

Other fresh fruit. Fresh fruit other than berries, kiwifruit, persimmons, or durians have had various varieties added. Cactus pears (0810.90.4620), dragon fruit (0810.90.4630), jackfruit (0810.90.4640), lychee (0810.90.4650), pomegranates (0810.90.4660) and rambutan (0810.90.4670) have been added to other non-berry fresh fruits, with “other” being renumbered to 0810.90.4680.

Rice. Husked basmati rice has been broken into “certified organic” (1006.20.2010) and “other” (1006.20.2090) varieties.

Flaxseed. Non-sowing, non-oil stock uses of flaxseed have been broken into “certified organic” (1204.00.0055) and “other” (1204.00.0075) varieties.

Sunflower seeds. In-shell sunflower seeds for human use have been broken into “certified organic” (1206.00.0065) and “other” (1206.00.0070) varieties. Out-of-shell sunflower seeds for human use also have been broken into “certified organic” (1206.00.0075) and “other” (1206.00.0080) varieties.

Sesame seeds. Sesame seeds have been broken into “certified organic” (1207.40.0010) and non-organic (1207.40.0090) varieties.

Sunflower seed oil. Crude sunflower seed oil has been broken into “certified organic” (1512.11.0025) and “other” (1512.11.0035) varieties. Non-crude (other) sunflower seed oil has been broken into “certified organic” (1512.19.0025) and non-organic (1512.19.0035) varieties.

Maple syrup. Non-blended maple syrup (1702.20.40) has been broken into subheadings for certified organic varieties in containers over 5kg (1702.20.4040), under 5kg (1702.20.4050) and non-organic varieties in containers over 5kg (1702.20.4060) and under 5kg (1702.20.4070).

Glucose syrup. Non-blended glucose syrup, not containing fructose or containing in the dry state less than 20% by weight of fructose has been broken into certified organic (1702.30.4045) and non-organic varieties (1702.30.4065). Non-glucose syrup has been similarly broken into certified organic (1702.30.4075) and non-organic (1702.30.4085) varieties.

Other fructose syrups. Non-blended fructose syrups other than glucose, lactose, and maple syrups have been broken into certified organic (1702.60.4030) and non-organic (1702.60.4050) varieties.

Fermented beverages. Mixtures of fermented beverages other than wine, liquor, beer, cider, prune wine, rice wine, ready to consume as packaged, in containers less than 4 liters have been renumbered. Those in aluminum containers have been renumbered to 2206.00.9015, and in non-aluminum containers, to 2206.00.9025.

Oilcake and other solid residues. Oilcake and other solid residues have been broken into certified organic (2304.00.0010) and non-organic (2304.00.0090) varieties.

Tobacco. Chapter 24 has one statistical note added, which says that for the purposes of reporting number 2403.99.2140, "snuff and snuff flours" means “any finely cut, ground, or powdered tobacco that is not intended to be smoked.”

Lecithins. Pharmaceutical grade purified egg phospholipids for use in intravenous fat emulsion have been broken into certified organic (2923.20.2010) and non-organic (2923.20.2050) varieties.

Plywood. Plywood with at least one outer ply of tropical wood, not exceeding 3.6 mm in thickness, 1.2 m in width, and 2.2 m in length, and not surface covered, has been broken into subheadings for plywood with outer plies of red meranti/white lauan (4412.31.4860), limba (4412.31.4863), virola (4412.31.4866) and “other" (4412.31.4869) varieties.

Plywood with at least one outer ply of tropical wood, not exceeding 3.6 mm in thickness, 1.2 m in width, and 2.2 m in length, and not surface covered, other than certain tropical woods, has been broken into subheadings for plywood with an outer ply of albizia (4412.31.5260), bintangor (4412.31.5262), mersawa (4412.31.5264), parica (4412.31.5266), pencil cedar (4412.31.5268) and “other” (4412.31.5270) varieties.

Face masks. N95 respirators have been broken into subheadings for surgical (6307.90.9842) and non-surgical (6307.90.9844) varieties.

Quartz countertops. Agglomerated quartz slabs of the type used for countertops have been broken into slabs of rectangular shape with a length of more than 3 m and a width of at least 1.25 m (6810.99.0020) and “other” (6810.99.0040).

Motor vehicles and tractors. New statistical note 1 was added to Chapter 87, explaining that “only those motor vehicles that have been produced or assembled but have not been sold to any person or entity other than a manufacturer, distributor or dealer” qualify as “new.”

Vehicles with only spark-ignition internal combustion piston engines with cylinder capacities between 1,000 and 1,500 cubic centimeters have been broken into new (8703.22.0110) and used (8703.22.0190) varieties.

Electric vehicles have been further broken into new and used categories. For those with an EPA-rated range less than 250 miles, new (8703.80.0020) and used (8703.80.0045) varieties were added. For those with a rated range of at least 250 miles, new (8703.80.0060) and used (8703.80.0080) varieties were added.

Furniture parts. A tariff provision for metal furniture parts not for toddler beds or child enclosures was subdivided to add a new subheading for parts for steel racks (9403.99.9040). Other similar metal furniture parts that are not welded wire racks are now classified under subheading 9403.99.9045.

Pillows. Chapter 94 added statistical note 4, which explains that "bed pillows" are pillows “used on a bed to support the head and neck while sleeping.” Former statistical note 4 has been renumbered to 5.

Cotton bed pillows were broken into foam fill (9404.90.1030) and other fill (9404.90.1060) varieties. Non-filled cotton pillows were placed under 9404.90.1090.

Non-cotton bed pillows were similarly broken into foam fill (9404.90.2030) and other fill (9404.90.2060) varieties. Non-filled, non-cotton pillows were placed under 9404.90.2090.

Non-cotton non-pillow bedding articles were added with the following varieties: those with an outer shell of cotton (9404.90.9605), with an outer shell of man-made fibers (9404.90.9622), with an outer shell of other textiles containing 85% of silk (9404.90.9623), or containing less than 85% silk (9404.90.9636), or with an outer shell of another material (9404.90.9670).

Israel Agriculture Agreement Renewed Again

Several notes to subchapter VIII of Chapter 99 were amended to reflect a one-year extension of the U.S.-Israel agreement on trade in agricultural goods by adding maximum quantities for certain goods in calendar year 2023.

Technical Corrections Throughout Tariff Schedule

Technical corrections were made throughout the tariff schedule, including for provisions related to the duty treatment under the U.S.-Morocco Free Trade Agreement and the superior text to certain subheadings in Chapter 84.