HS Code for Chilled crustaceans

The classification of chilled crustaceans under HS code 0306.39 is determined by the biological nature of the specimen and its preservation state at the time of customs entry. According to the General Rules for the Interpretation (GRI) of the Harmonized System, specifically GRI 1, classification is dictated by the terms of the headings and any relative section or chapter notes. Chapter 3 covers fish and crustaceans, molluscs, and other aquatic invertebrates. Heading 0306 specifically applies to crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted, or in brine. Subheading 0306.39 serves as a residual or "basket" category for crustaceans that are live, fresh, or chilled but are not specifically enumerated in subheadings 0302.31 through 0302.36. The term "chilled" refers to products that have been reduced in temperature to approximately 0°C (32°F) without being frozen. This distinction is critical because once the cellular structure of the crustacean is frozen, it must be classified under the 0306.1x series. Furthermore, the product must not have undergone any cooking process, such as steaming or boiling in water, unless specifically allowed by the heading notes, as cooked crustaceans are generally classified elsewhere or under specific subheadings for cooked-in-shell products.

Products Included

• Live or chilled mantis shrimp
• Fresh or chilled freshwater crayfish
• Chilled slipper lobsters
• Live or chilled velvet crabs
• Various marine crustaceans not specified in 0306.31-0306.36

Common Misclassification

A frequent error involves confusing 0306.39 with 0306.19, which is reserved for frozen crustaceans. Additionally, if the crustaceans have been cooked (e.g., boiled in water), they may fall under 0306.39 only if they are still in shell and meet specific criteria; otherwise, they are classified under heading 1605 as prepared or preserved crustaceans. Importers often mistakenly use 0306.39 for shrimps or prawns, which should actually be classified under 0306.35 or 0306.36 depending on the species.

FAQ

What is the HS code for chilled crustaceans?

The HS code for chilled crustaceans not elsewhere specified is 0306.39.

Does this code include frozen products?

No, frozen crustaceans are classified under the 0306.1x series, specifically 0306.19 for those not elsewhere specified.