CSMS# 18-000427 - Two HTS codes to be additionally flagged for NMFS, with NM5
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07/09/2018 11:53 AM EDT
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The National Marine Fisheries Service (NMFS) has requested that two Harmonized Tariff Schedule code be “flagged” as “NM5” - HMS specific data may be required.
The following HTS codes will be flagged NM5 in Production, no earlier than July 26, 2018:
•0304.49.0190 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen (90 = Other) and,
•0304.87.0000 Tunas, non-specific fillet frozen (of the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus or Katsuwonus pelamis)
These “general” codes have been routinely and frequently used by trade for fresh bluefin tuna fillet. The codes were not previously flagged for the NMFS HMS Program that includes fresh Bluefin fillet. Use of these codes by trade was apparently necessary for trade because the specific code for fresh tuna directly disallows that HTS code to be use for fillet. In checking with CBP, 0304.49.0190 was given as the code that is most appropriate to use for fresh Bluefin fillet. Trade has also commonly chosen to use 0304.87.0000 somewhat extensively for the same product therefore it is also being flagged.
Because these codes are “general” in their description, a disclaimer will be allowed for the HMS program for the NM5 flag if the codes are being used for product that is not fresh Bluefin tuna (or is not other product that is covered the NMFS HMS program, primarily Bluefin tuna or swordfish.) If a disclaimer is appropriate and filers submit a code indicating the reason data is not being provided, valid codes are:
A = product is not regulated by this agency
B = data is not required per agency guidance
The disclaimer may not be used to preclude filing mandated pursuant to the requirements for the submission of data mandated by the NMFS 370 and SIM PGA programs. The HTS codes are also already flagged by those two other NMFS programs:
0304.49.0190 is also flagged as NM8 (data is required for the NMFS SIM Program)
0304.87.0000 is also flagged as NM8 (data is required for the NMFS SIM Program) and as NM2 (data is required by the NMFS 370 program)
The National Marine Fisheries Service (NMFS) has requested that two Harmonized Tariff Schedule code be “flagged” as “NM5” - HMS specific data may be required.
The following HTS codes will be flagged NM5 in Production, no earlier than July 26, 2018:
•0304.49.0190 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen (90 = Other) and,
•0304.87.0000 Tunas, non-specific fillet frozen (of the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus or Katsuwonus pelamis)
These “general” codes have been routinely and frequently used by trade for fresh bluefin tuna fillet. The codes were not previously flagged for the NMFS HMS Program that includes fresh Bluefin fillet. Use of these codes by trade was apparently necessary for trade because the specific code for fresh tuna directly disallows that HTS code to be use for fillet. In checking with CBP, 0304.49.0190 was given as the code that is most appropriate to use for fresh Bluefin fillet. Trade has also commonly chosen to use 0304.87.0000 somewhat extensively for the same product therefore it is also being flagged.
Because these codes are “general” in their description, a disclaimer will be allowed for the HMS program for the NM5 flag if the codes are being used for product that is not fresh Bluefin tuna (or is not other product that is covered the NMFS HMS program, primarily Bluefin tuna or swordfish.) If a disclaimer is appropriate and filers submit a code indicating the reason data is not being provided, valid codes are:
A = product is not regulated by this agency
B = data is not required per agency guidance
The disclaimer may not be used to preclude filing mandated pursuant to the requirements for the submission of data mandated by the NMFS 370 and SIM PGA programs. The HTS codes are also already flagged by those two other NMFS programs:
0304.49.0190 is also flagged as NM8 (data is required for the NMFS SIM Program)
0304.87.0000 is also flagged as NM8 (data is required for the NMFS SIM Program) and as NM2 (data is required by the NMFS 370 program)
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