Chapter 98

Special classification provisions

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 · 0 headings · 0 subheadings

Chapters 98 and 99 are additions to the US schedule. They are not part of the international Harmonized System, so they have no equivalent in another country's tariff.

Legal notes

Reproduced from the published tariff schedule. Section and chapter notes are binding and part of the nomenclature; statistical notes are US reporting rules and are not classification law.

Chapter 98 — Statistical Notes

US statistical reporting only. NOT classification law.

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.

SUBCHAPTER I

ARTICLES EXPORTED AND RETURNED, NOT ADVANCED OR IMPROVED IN CONDITION; ANIMALS EXPORTED AND RETURNED 98-I-1 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. 98-I-2

Notes are reproduced from the published tariff schedule. They govern classification, but reading them is not the same as applying them to your goods — that is what a broker or a binding ruling is for.

Headings in chapter 98

Common questions

What does HS chapter 98 cover?

Special classification provisions. It contains 0 headings and 0 six-digit subheadings, and sits in 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).

Are chapter 98's notes legally binding?

This chapter carries no legal notes of its own. Its section notes and the General Rules of Interpretation still govern.