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Điều khoản Logistics HS Code & HTS Code

Ngày đăng kíAPR 25, 2024

HS Code & HTS Code
Navigating the complex world of international trade requires a keen understanding of its nuanced rules and regulations, among which the Harmonized System Code (HS Code) and the Harmonized Tariff Schedule (HTS Code) stand. These codes are not merely sequences of numbers; they classify and define commodities, allowing customs authorities to identify products quickly and apply the appropriate tariffs. Understanding these codes is critical to understanding the complexities of import and export, reducing the risk of customs delays and optimizing supply chain operations. This blog introduces the definition, structure, and use of HS Code and HTS Code.
  1. 1) What is an HS or HTS Code?

    HS Code
    The Harmonized System (HS) Codes, also known as the Harmonized Commodity Description and Coding System, serve as a universally standardized system for the classification of traded products around the world. This system, which first came into operation in 1988, has been a cornerstone in facilitating global trade, making it more efficient by establishing unified categories for the classification of goods. The maintenance of this system falls under the jurisdiction of the World Customs Organization, which ensures its global relevance and applicability.

    The inception of the HS Codes was marked by the signing of the HS Convention in 1983, a pivotal moment that saw over 205 member countries coming together to agree on a common framework for categorizing goods. This widespread adoption underscores the system's significance, as it provides a common language for countries to classify goods, thereby simplifying international trade processes. As signatories of the HS Convention, member countries commit to structuring their tariff codes and duty regulations in alignment with the HS Code categories, ensuring a cohesive approach to global trade.

    The Harmonized System's primary aim is to streamline global trade operations. By creating unified categories for the classification of various types of goods, the HS Codes minimize the potential for confusion and discrepancies in the interpretation of product classifications across different countries. This uniformity is crucial for businesses and governments alike, facilitating smoother customs clearance, accurate tariff application, and overall, a more efficient trade process.

    HTS Code
    HTS (Harmonized Tariff Schedule) codes are utilized as part of a system to classify goods in international trade, especially for determining tariffs and taxes upon importation. These codes, comprising between 8 to 10 digits, build upon the Harmonized System (HS) developed by the World Customs Organization. The initial six digits of any HTS code align with the universal HS code, ensuring global consistency for the first part of the classification.

    The subsequent digits (the 7th to 10th) of an HTS code are specific to the importing country, allowing for more detailed classification as per national requirements. For instance, in the United States, HTS codes are extended to 10 digits, with the additional digits providing finer classification under the U.S. Harmonized Tariff Schedule, administered by the U.S. International Trade Commission.

    Understanding and using the correct HTS code is crucial for businesses involved in international trade, particularly for estimating the customs duties applicable upon importing goods into the U.S. While suppliers, especially those from China, might provide an HTS code, it’s important to note that they may supply a code that follows the Chinese classification system. Therefore, importers must ensure they determine the correct final four digits for U.S. imports according to the U.S. Harmonized Tariff Schedule. Proper classification under this system not only helps in accurately estimating import duties but also ensures compliance with U.S. customs regulations, mitigating the risk of import delays or penalties.

    Illustration of people working with lots of boxes (Source: Firefly, Adobe)
  2. 2) HS Codes Structure

    The structure of HS Codes, both globally and in the United States, is designed to meticulously classify goods for international trade, making it a critical component for global commerce. This system's hierarchical organization facilitates detailed categorization and understanding of commodities, ensuring uniformity and efficiency in international trade operations. Let's break down the four components of the HS Code structure, as illustrated in your example related to "Coffee, tea, maté, and spices":

    1. Chapter
    This first layer organizes products into 21 distinct sections, which are further divided into 96 chapters. These chapters cover a broad range of commodities, from live animals and food products to machinery and transport equipment. In the given example, chapter 09 pertains to "Coffee, tea, maté, and spices" indicating a focus on these specific agricultural products.

    2. Heading
    Within each chapter, goods are grouped into headings that define more specific categories. The heading "01" in the context of chapter 09, for instance, specifically refers to coffee. This level of detail helps in distinguishing between broad categories of products within the same chapter.

    3. Subheading
    The sub-heading adds another layer of specificity, breaking down the categories further into subcategories of products. Using the six-digit international Harmonized Code, sub-headings distinguish between products such as caffeinated coffee beans (0901.21) and decaf (0901.22). This distinction is crucial for regulatory, tariff, and statistical purposes, allowing for precise identification and classification of goods.

    4. Extra digits
    For country-specific categorizations, additional 2-4 digits are appended to the six-digit HS Code. In the United States, for example, a ten-digit code system called the Schedule B number is used. These extra digits allow countries to classify commodities more precisely according to national requirements. Although the first six digits are consistent internationally, the last four digits may vary from country to country, reflecting different national categorizations or requirements for the same product.

    HS code Description Image (Source: Firefly, Adobe)

    This structured approach enables a systematic and consistent classification of goods worldwide, simplifying international trade processes, tariff application, and statistical tracking across different jurisdictions.

    The World Customs Organization implemented significant updates to the Harmonized System (HS) on January 1, 2022. These modifications introduced over 70 new headings and subheadings, integrating classifications for modern products such as smartphones and 3D printers, resulting in the addition of more than 1,500 new codes to the system. This revision, part of a systematic review conducted at minimum every five years, was aimed at ensuring the HS code system remains aligned with the latest technological advancements and global trends. The World Customs Organization highlighted that the rationale behind these updates was to incorporate new categories for emerging technologies and address the need for classifications reflecting new health and safety equipment, along with the inclusion of drones, among other advancements.

  3. 3) Why are HS codes used?

    HS codes, as a universal standard for classifying traded goods, play an essential role in smoothing the operations of global trade. Their usage spans across various aspects of commerce and governance, making them indispensable for international trade facilitation, regulatory enforcement, and economic analysis. Here’s why HS codes are so pivotal:

    1. Facilitating International Trade
    By offering a common language for product classification, HS codes enable traders, customs authorities, and logistics providers from different countries to understand each other clearly. This universal system minimizes confusion and misunderstandings, ensuring that goods can move more seamlessly across borders.

    2. Determining Customs Duties and Tariffs
    HS codes are crucial for identifying the rates of duties and taxes applicable to imported and exported goods. By classifying a product under a specific HS code, customs authorities can quickly determine the tariffs due, aiding in efficient and fair revenue collection. This aspect is vital for governments to regulate trade policies and protect domestic industries when necessary.

    3. Supporting Statistical Trade Reporting
    Accurate trade statistics are fundamental for national and international economic planning and analysis. HS codes enable the standardized reporting of trade data, assisting governments, economists, and analysts in tracking trade flows, identifying trends, and making informed decisions regarding trade policies and agreements.

    4. Simplifying Customs Procedures
    The clear classification system provided by HS codes streamlines customs clearance processes. It reduces the likelihood of errors and disputes over product classification that can lead to shipment delays, increased costs, and complications in trade relations. By ensuring consistency in documentation, HS codes expedite the customs clearance process, benefiting businesses and governments alike.

    5. Enforcing Trade Regulations
    HS codes are instrumental in the enforcement of various trade measures, including import restrictions, export controls, anti-dumping duties, and environmental regulations. They allow customs authorities to efficiently identify products subject to specific regulations and ensure compliance with international trade agreements and domestic laws.

    Overall, the use of HS codes is integral to maintaining the integrity and efficiency of the global trading system. They enable smoother transactions, reduce potential conflicts, and support the enforcement of legal and regulatory obligations across international borders.

    Various delivery boxes and Earth images (Source: Firefly, Adobe)
  4. 4) Considerations

    HS classification presents a significant risk area in international trade for several reasons, all stemming from the complexity and specificity required in classifying goods accurately. Here's a closer look at why getting it wrong can be so problematic:

    1. Financial Impacts
    Incorrect HS classification can lead to either underpayment or overpayment of customs duties and taxes. Underpayment may result in being hit with retrospective duty bills covering past shipments, along with penalties and fines imposed by customs authorities. This scenario can significantly affect a company's financial health due to the unexpected costs. Overpayment, on the other hand, affects a company's cash flow and operational budgeting. While it's possible to claim back overpaid duties, the process is often complex and requires substantial documentation and evidence to support the claim.

    2. Legal and Compliance Risks
    Failing to classify goods correctly can lead to compliance issues, including legal actions from customs authorities. This situation might not only involve financial penalties but also damage the company's reputation and its relationships with partners and customers. Severe cases of non-compliance, whether intentional or due to negligence, can result in goods being seized or destroyed, further escalating costs and logistics challenges.

    3. Operational Disruptions
    An incorrect HS classification can cause delays in customs clearance, leading to disruptions in the supply chain. Such delays can affect inventory levels, result in missed delivery deadlines, and harm business operations and customer relationships. For businesses that rely on just-in-time delivery models, these delays can have significant operational impacts.

    4. Specialized Knowledge Requirement
    Correctly classifying products according to the HS code system requires specialized knowledge and experience. The system's complexity, with its thousands of codes and frequent updates, means that even experienced traders can find it challenging to keep up. This specialized skill set is not always readily available in-house for many importers and exporters, increasing the risk of errors.

    5. Global Variation and Complexity
    While the HS code system is internationally standardized to the first 6 digits, countries can add additional digits for more detailed classification, leading to variations in tariff rates and regulations. Keeping track of these variations and understanding the nuances of classification in different jurisdictions adds another layer of complexity to the process.

    Due to these risks, businesses engaged in international trade often invest in training for their staff or seek the expertise of customs brokers and specialists to ensure accurate HS classification. Implementing checks and balances within the import/export process, staying informed about changes in classification rules, and utilizing technology for classification can help mitigate these risks.

    The Harmonized System (HS) Code provides a universal language for the classification of goods that facilitates global commerce, customs efficiency, and accurate trade data collection. Through HS Codes’ intricate structure and periodic updates, the system adapts to the evolving landscape of global markets, incorporating new technologies and products to remain relevant and effective. The commitment of the World Customs Organization to regularly review and revise the HS codes—ensuring they reflect current trends and technologies—demonstrates the system's pivotal role in smoothing the flow of goods across borders, enforcing trade regulations, and fostering economic transparency. The HS Code is essential in addressing the complexities of modern trade and is expected to continue to play an important role in addressing the challenges of global commerce.