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    9823.08.38

    Goods provided for in subheading 2106.90.87

    HTS code 9823.08.38 covers goods originating from Canada and specified in several subheadings of Chapter 18, 19, 21, and others, as detailed in the official description. This code is used for special provisions under the US-Mexico-Canada Agreement, offering a specific duty rate of 28.8¢/kg + 8.5% for eligible goods, and is positioned within Chapter 98 for unique classification purposes.

    Goods provided for in subheading 2106.90.87

    Detailed information for HTS Code 9823.08.38

    AI Summary

    Chapter 98 covers special classification provisions and temporary legislation related to import and export regulations. Specifically, code 9823.08.38 applies to goods originating from Canada and covered under the US-Mexico-Canada Agreement, as detailed in note 8(b) to this subchapter and further defined as goods provided for in subheading 2106.90.87. Statistical reporting requires using the 10-digit code along with the reporting number from the provision determining the duty rate, and the quantity unit should match that provision. There are no further subdivisions listed for this code.

    ChapterChapter 98 - Special classification provisions
    SectionSection XXII - Special Classification Provisions; Temporary Legislation; Temporary Modifications Proclaimed pursuan

    Duty snapshot

    Quick reference for the duty outcomes tied to this HTS line.

    General Duty

    N/A

    Standard trade partners (NTR)

    Special Duty

    28.8¢/kg + 8.5% (S+)

    Eligible FTA or preference programs

    The general duty rate for 9823.08.38 is not specified, applying to standard trade partners (NTR). However, a special rate of 28.8¢/kg plus 8.5% (S+) applies if the goods qualify under eligible FTA or preference programs, like the US-Mexico-Canada Agreement as indicated in the code description. This special rate applies to the main code and all its subdivisions listed within the official description, specifically goods falling under the listed HTS codes (1704.90.58 through 2106.90.87). The required unit for calculating the special duty is kilograms (kg).

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    Chapter & section notes

    Chapter notes

    Harmonized Tariff Schedule of the United States Revision 29 (2025) Annotated for Statistical Reporting Purposes CHAPTER 98 SPECIAL CLASSIFICATION PROVISIONS XXII 98-1 U.S. Notes 1. The provisions of this chapter are not subject to the rule of relative specificity in general rule of interpretation 3(a). Any article which is described in any provision in this chapter is classifiable in said provision if the conditions and requirements thereof and of any applicable regulations are met. 2. In the absence of a specific provision to the contrary, the tariff status of an article is not affected by the fact that it was previously imported into the customs territory of the United States and cleared through customs whether or not duty was paid upon such previous importation. 3. Any article exempted under subchapters IV through VII, inclusive, or subchapter IX from the payment of duty shall be exempt also from the payment of any internal-revenue tax imposed upon or by reason of importation. Statistical Notes 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. Harmonized Tariff Schedule of the United States Revision 29 (2025) Annotated for Statistical Reporting Purposes SUBCHAPTER I ARTICLES EXPORTED AND RETURNED, NOT ADVANCED OR IMPROVED IN CONDITION; ANIMALS EXPORTED AND RETURNED XXII 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. Harmonized Tariff Schedule of the United States Revision 29 (2025) Annotated for Statistical Reporting Purposes XXII 98-I-2

    Section notes

    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 XXII-1 Harmonized Tariff Schedule of the United States Revision 29 (2025) Annotated for Statistical Reporting Purposes XXII-2 Harmonized Tariff Schedule of the United States Revision 29 (2025) Annotated for Statistical Reporting Purposes

    Latest update

    Last updated

    November 15, 2025

    Revised every January & July

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