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AMENDMENTS TO THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES TAKE EFFECT JANUARY 1, 2022

Significant amendments to the Harmonized Tariff Schedules of the United States (HTSUS) will take effect on January 1, 2022.  These changes implement a major revision to the Harmonized System (HS) nomenclature adopted by the World Customs Organization (WCO) known as “HS 2022.”  A complete list of all the HS 2022 amendments published by the WCO is available here.  Proposed changes to the HTSUS are set forth in USITC Pub. 5171 available here.  The final version of the changes to the HTSUS will be published through a Presidential Proclamation before the end of 2021.  Highlights of the changes include the following:

  • New headings were created covering smartphones, novel tobacco- and nicotine-based goods, and unmanned aerial vehicles.
  • The definition of “textile fabrics laminated with plastics” covered by heading 59.03 has been revised to include fabrics bonded to plastic sheets or film whether or not the plastic is visible to the naked eye in the cross section.  This may favorably impact garments currently classified under HTSUS headings 6113 and 6210 which are constructed of fabric laminated with plastic.
  • Headings 8462 and 7019, classifying metal forming machinery and glass fibers respectively, were modified in order to address technological advancements in those sectors since the last HS entered into force.
  • A new heading 8524 was created for flat panel display modules, and a subheading covering certain flat panel display products was deleted from heading 8543.
  • Headings of Chapter 15 were expanded to include microbial fats and oils.

Companies should review the upcoming changes to the HTSUS and evaluate the impact on the current HTSUS classification and duty rates of their products.  With respect to goods made in China, it is not yet clear whether the U.S. Trade Representative will issue technical amendments which may add any of the new subheadings to the China 301 tariff lists.

If you have any questions regarding HS 2022 and the proposed amendments to the HTSUS, please contact one of our attorneys.

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