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26

Official Chapter Guide

Ores, slag, and ash used for metal extraction, excluding specific wastes and industrial by-products.

Tariff Landscape

Duty Status

Items often have specific duty rates based on metal content; not commonly duty-free.

Trade Implications

  • Generally, no Section 301 or Section 232 tariffs unless specifically sourced from applicable countries.
  • Anti-dumping duties (ADD) or countervailing duties (CVD) may apply to certain ores and industrial residues; stay updated on trade cases.

Risk Notes

Ensure correct metal assay reporting, as errors here can lead to significant duty assessments.

Classification Strategy

Common Mistakes

  • Confusing industrial waste as ores covered under this chapter.
  • Misidentifying residues intended for industrial use rather than metal extraction.
  • Assuming all sludges are classified here, without confirming metal content specifics.

Complex Areas

  • Determining whether a mineral has undergone processes beyond normal metallurgical activities.
  • Correctly classifying items containing multiple metal contents across different subheadings.

Legal Framework

Executive Summary

Summary Exclusions

  • Slag or waste prepared as macadam.
  • Natural magnesium carbonate (magnesite).
  • Oil sludges from petroleum storage tanks.
  • Basic slag used as fertilizer.
  • Mineral wools like slag wool or rock wool.
  • Waste or scrap of precious metal or those used to recover precious metal.
  • Copper, nickel, or cobalt mattes from smelting.

Definitions

  • Ores refer to minerals used in metallurgy for metal extraction as detailed in headings 2601 to 2617.
  • Sludges defined for subheading 2620.21.00 are storage tank residues primarily comprising lead and iron oxide.
  • Slag, ash, and residues for arsenic or metal extraction are specified under heading 2620.
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