HS Code for Brined herring

Classification under HS code 030561 is strictly governed by the specific biological species and the method of preservation applied to the fish. According to the General Rules of Interpretation (GRI) 1 and 6, products are classified according to the terms of the headings and subheadings. Heading 0305 specifically covers fish that are dried, salted, or in brine, as well as smoked fish. Subheading 0305.61 is reserved for herrings of the species Clupea harengus and Clupea pallasii. For a product to fall under this code, it must be salted or kept in a brine solution for preservation purposes, but it must not have undergone the drying or smoking processes. Brining involves the immersion of the fish in a solution of salt and water, which is a common method for stabilizing the product for transport. This classification applies to whole fish, head-on or headed, and pieces of fish, provided they are not fillets. If the fish were to be prepared as fillets, they would be classified under heading 0304. Furthermore, if the herring were prepared in a way that makes them ready for immediate consumption—such as being pickled in vinegar, wine, or packed in oil—they would be classified under Chapter 16, specifically heading 1604. The distinction between Chapter 3 and Chapter 16 is based on whether the preparation has moved beyond simple preservation. For 0305.61, the salt or brine is the only preservative agent.

Products Included

• Whole Atlantic herring (Clupea harengus) in salt brine
• Pacific herring (Clupea pallasii) pieces in brine (bone-in)
• Salted herring for industrial processing
• Headed and gutted herring in heavy salt solution

Common Misclassification

One of the most frequent errors is confusing 0305.61 with 1604.12. Code 1604.12 covers herrings that are prepared or preserved, which includes fish that have been cooked, pickled in vinegar, or packed in oil. The distinction lies in the level of preparation; 0305 is for simple preservation, while 1604 is for advanced preparation. Another common mistake is using 0304.49 or 0304.99, which are for fish fillets. If the herring has been filleted, it must be classified under 0304, even if it is in brine. Additionally, fresh herrings (0302.41) and frozen herrings (0303.51) are often confused with brined herrings if the salt content is low.

FAQ

What is the HS code for brined herring?

The primary HS code for herrings in brine, provided they are not dried or smoked and are not fillets, is 0305.61. This code is used internationally for the species Clupea harengus and Clupea pallasii.

Does this code include herring fillets in brine?

No, herring fillets, even if preserved in brine, are classified under heading 0304. Specifically, fresh or chilled fillets are 0304.49, while frozen fillets are 0304.86. Heading 0305 is generally reserved for whole fish or pieces with the bone in.