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2018 WCO Knowledge Academy

for Customs and Trade

Session XI:

Classification of food products

Tatiana TERZIYSKA
Tatiana.Terziyska@wcoomd.org

WCO Tariff and Trade Affairs Directorate


WCO Headquarters, Brussels, Belgium
4 July 2018
2018 WCO Knowledge Academy
for Customs and Trade

- Dairy product

- “Chilli con quesso”

- Quinoa which has undergone the removal of the saponin


layer

- “Thai Chicken Red Curry”

- Arachidonic Acid (ARA) Oil

- Rapid diagnostic test kits for detecting the Zika virus

- Epax 4030 TG/N

- Tobacco capsule
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Dairy Product

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Dairy product
COMPOSITION

Dairy product composed of concentrated, fermented


skimmed milk (80 %), fruit preparation (strawberry) (10 %),
sugar (7.6 %), modified starch, strawberry seeds, black
carrot juice concentrate, natural flavouring, thickener,
mineral concentrate from milk, lemon juice concentrate and
acid regulators. It also contains the two cultures
Lactobacillus bulgaricus and Streptococcus thermophilus.
The protein content in the dairy part is 9.5 % (8.4 % in the
product in total).

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Dairy product
PRODUCTION PROCESS

Skimmed milk is pasteurised, then fermented at 40 °C by


adding Lactobacillus bulgaricus and Streptococcus
thermophilus. Next step is cooling, then the fermented
product is given a rapid heating (thermo shock) and
cooled again. After this process the product is separated in
a separator. During the separation process, the whey is
removed from the product. Finally, the product has
undergone a smoothing process before it is cooled again
and then stored and packaged.

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Dairy product

Potential headings at issue?

04.03 Buttermilk, curdled milk and cream, yogurt, kephir


and other fermented or acidified milk and cream,
whether or not concentrated or containing added
sugar or other sweetening matter or flavoured or
containing added fruit, nuts or cocoa.
04.06 Cheese and curd.

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Dairy product

HSC’s Decision

Heading 0406.10 Fresh (unrepend or uncured)


cheese,including whey cheese, and
curd

Legal base GIR 1 and 6

QUESTIONS

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“Chilli con cesso”

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“Chilli con quesso “


COMPOSITION

Pieces of red and green pepper fruits (Capsicum frutescens)


filled with cheese (feta cheese and fresh cheese), submerged
in a liquid consisting of sunflower oil, garlic and spices.
According to the information provided by the manufacturer,
the product in question has the following composition, by
weight : sunflower oil 40 %, cheese 35 % (17.5 % feta cheese
and 17.5 % fresh cheese), pepper fruits (Capsicum
frutescens) 24 %, garlic and spices. The product is packaged
in containers of transparent plastics with a net weight of 200
grams.
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“Chilli con quesso”

Potential headings at issue?

04.06 Cheese and curd.

20.05 Other vegetables prepared or preserved otherwise


than by vinegar or acetic acid, not frozen, other than
products of heading 20.06.

21.06 Food preparations not elsewhere specified or


included.

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“Chilli con quesso”

HSC’s Decision

Heading 2005.99 Other

Legal base GIR 1 and 6

QUESTIONS

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Quinoa which has undergone the removal of the
saponin layer

DESCRIPTION

Quinoa, normally used for human consumption, which has


undergone the removal of the saponin layer after harvest.
The saponin layer is removed by washing, mechanical
processing or by a combination of both. However, the shape
of quinoa which has undergone washing or mechanical
processing is not different from that of the original grain.
Accordingly, the method used to remove the saponin layer is
not discernible solely by the shape of the quinoa grain.

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Quinoa which has undergone the removal of the
saponin layer

DESCRIPTION

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Quinoa which has undergone the removal of the


saponin layer

Potential headings at issue?

10.08 Buckwheat, millet and canary seeds; other cereals.

11.04 Cereal grains otherwise worked (for example, hulled,


rolled, flaked, pearled, sliced or kibbled), except rice
of heading 10.06; germ of cereals, whole, rolled,
flaked or ground.

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Quinoa which has undergone the removal of the


saponin layer

HSC’s Decision

Heading 1008.50 Quinoa

Legal base GIR 1 and 6

QUESTIONS

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Quinoa which has undergone the removal of the


saponin layer

HS 2022

• Amendment of Note 1 (B) to Chapter 10


“(B) The Chapter does not cover grains which have been
hulled or otherwise worked. However, rice, husked, milled,
polished, glazed, parboiled or broken remains classified in
heading 10.06. Similarly, quinoa from which the pericarp has
been wholly or partly removed in order to separate the
saponin, but which has not undergone any other processes,
remains classified in heading 10.08.”

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“Thai Chicken Red Curry”

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“Thai Chicken Red Curry”

DESCRIPTION

Composite meal, frozen and put up in a cardboard box (Box


1). Inside Box 1, in addition to jasmine rice, there is another
cardboard box (Box 2). The jasmine rice is filled directly into
Box 1 without any further packing. Box 2 sits on top of the
portion of rice inside Box 1. Box 2 contains slices of chicken
meat, vegetables and a red curry sauce. Before
consumption, the meal must be reheated - still in the
cardboard boxes - in a microwave oven. The total net weight
of the meal is 350 grams.

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“Thai Chicken Red Curry”

COMPOSITION

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“Thai Chicken Red Curry”

Potential headings at issue?

16.02 Other prepared or preserved meat, meat offal or


blood.

19.04 Prepared foods obtained by the swelling or roasting


of cereals or cereal products (for example, corn
flakes); cereals (other than maize (corn)) in grain
form or in the form of flakes or other worked grains
(except flour, groats and meal), pre-cooked, or
otherwise prepared, not elsewhere specified or
included.
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Quinoa which has undergone the removal of the


saponin layer

HSC’s Decision

Heading 1904.90 Other

Legal base GIR 1, 3 (b) and 6

QUESTIONS

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Arachidonic Acid (ARA) Oil

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Arachidonic Acid (ARA) Oil


DESCRIPTION

Arachidonic Acid (ARA) Oil, in the form of a yellow or


orange-yellow liquid at room temperature, obtained by
fungus (Mortierella Alpina) fermentation from raw materials
such as glucose. The oil has the following glyceride profile :
95 to 98 % triglyceride and 2 to 5 %
diglycerides and monoglycerides. The profile of the main
fatty acids of the product consists of polyunsaturated fatty
acids, such as 40 to 45 % arachidonic acid and 0 to 15 %
linoleic acid. This oil may be used as an ingredient in food,
animal feed, medicine or cosmetics.
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Arachidonic Acid (ARA) Oil

Potential headings at issue?

15.06 Other animal fats and oils and their fractions,


whether or not refined, but not chemically
modified.
15.15 Other fixed vegetable fats and oils (including jojoba
oil) and their fractions, whether or not refined, but
not chemically modified.
21.06 Food preparations not elsewhere specified or included.

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Arachidonic Acid (ARA) Oil

HSC’s Decision

Heading 1515.90 Other

Legal base GIR 1, 4 and 6

QUESTIONS

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Arachidonic Acid (ARA) Oil


Provisionally adopted HS 2022 amendments

Table of content of Section III


Titles of Section III & Chapter 15
Animal, vegetable or microbial fats and oils ….
Heading 15.15
Other fixed vegetable or microbial fats and oils ….
New Subheading 1515.60
- Microbial fats and oils and their fractions

Similar amendments where the legal texts referred to “vegetable fats and oils”
(headings 15.16, 15.17, 15.18, 23.06 and 84.38, subheadings 1516.20 and 8479.20,
Note 1 (a) to Chapter 34, Note 7 to Chapter 38 and Subheading Note 5 to Chapter 38)
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Rapid diagnostic test kits for detecting the Zika virus


and other diseases transmitted by mosquitos of the
Aedes genus

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Rapid diagnostic test kits for detecting the Zika virus


and other diseases transmitted by mosquitos of the
Aedes genus
DESCRIPTION

Diagnostic kit for detecting the Zika virus consisting of an in vitro assay based
on the quantitative detection of Zika virus RNA through reverse transcription
followed by real-time polymerase chain reaction (RT-PCR).
The product should be used with RNA samples extracted from serum, plasma,
urine, cerebrospinal fluid and amniotic fluid. The RT-PCR method is used to
amplify the pathogen RNA. A thermocycler for RT-PCR is used to amplify and
detect the fluorescent probe. Software calculates the Zika Virus RNA
concentration, expressed in copies/μL, using the standard curve generated
from the quantitative standard, contained in the kit.

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Rapid diagnostic test kits for detecting the Zika virus


The product consists of the following components :

(i) PCR Solution : Primer, probe, TRIS-HCl;


(ii) Mix Taq : Polymerase, dNTPs, MgCl2;
(iii) Mix Buffer : TRIS-HCl;
(iv) PCR Solution CI : Primer, probe, TRIS-HCl;
(v) Internal Control : Plasmid, TRIS-HCl;
(vi) Negative Control : TRIS-HCl;
(vii) Standard A (2 x 105 copies/μL) : Plasmid, TRIS-HCl, EDTA;
(viii) Diluent : TRIS-HCl, EDTA;
(ix) Water : DNase/RNase free water; and
(x) Usage instructions (manual).

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Rapid diagnostic test kits for detecting the Zika virus


Potential headings at issue?
30.02 Human blood; animal blood prepared for therapeutic,
prophylactic or diagnostic uses; antisera, other blood
fractions and immunological products, whether or not
modified or obtained by means of biotechnological
processes; vaccines, toxins, cultures of micro-organisms
(excluding yeasts) and similar products.

38.22 Diagnostic or laboratory reagents on a backing, prepared


diagnostic or laboratory reagents whether or not on a
backing, other than those of heading 30.02 or 30.06;
certified reference materials.
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Rapid diagnostic test kits for detecting the Zika virus

HSC’s Decision

Heading 3822.00 Diagnostic or laboratory reagents on


a backing, prepared diagnostic or
laboratory reagents whether or not
Legal base
on a backing, other than those of
GIR 1, 3 (b) and 6 heading 30.02 or 30.06; certified
reference materials.

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Rapid diagnostic test kits for detecting the Zika virus
Provisionally adopted HS 2022 amendments
Chapter 30
New exclusion Note 1 (ij) “Diagnostic reagents of heading 38.22”
Delete Note 4 (e) “Blood-grouping reagents”
Delete Subheading 3002.11 “- - Malaria diagnostic test kits”
Delete Subheading 3006.20 “- - Blood-grouping reagents”
Heading 38.22
“Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents
whether or not on a backing, whether or not put up in the form of kits, other than those of
heading 30.02 or 30.06; certified reference materials.”

- Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory


reagents whether or not on a backing, whether or not put up in the form of kits :
3822.11 - - For malaria
3822.12 - - For Zika and other diseases transmitted by mosquitoes of the genus Aedes
3822.13 - - For blood-grouping
3822.19 - - Other
3822.90 - Other“.
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Epax 4030 TG/N

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Epax 4030 TG/N


DESCRIPTION

Product consisting of 90 % of re-esterified triglycerides of highly concentrated


omega-3 fatty acids EPA (eicosapentaenoic acid) and DHA (docosahexaenoic
acid) produced from raw anchovy oil. The remaining 10 % of the product
consists mainly of mono- and diglycerides. The product contains EPA (400
mg/g) and DHA (300 mg/g). Vitamin E (tocopherol) has been added to the
product as an antioxidant.
The raw anchovy oil has undergone the manufacturing steps of
deacidification, ethyl esterification, distillation, filtration, bleaching, re-
esterification and deodorization.
The product is presented in barrels and will be used in the manufacture of
food supplements.

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Epax 4030 TG/N


Potential headings at issue?
15.04 Fats and oils and their fractions, of fish or marine mammals, whether
or not refined, but not chemically modified.
15.16 Animal or vegetable fats and oils and their fractions, partly or
wholly hydrogenated, inter-esterified, re-esterified or elaidinised,
whether or not refined, but not further prepared.
21.06 Food preparations not elsewhere specified or included.

38.24 Prepared binders for foundry moulds or cores; chemical products


and preparations of the chemical or allied industries (including
those consisting of mixtures of natural products), not elsewhere
specified or included.

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Epax 4030 TG/N

HSC’s Decision

Heading 1516.10 Animal fats and oils and their


fractions
Legal base GIR 1 and 6

QUESTIONS

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Tobacco capsule

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Tobacco capsule
DESCRIPTION
The tobacco capsule, in a cylindrical form (length – 22.9 mm, diameter – 9.5
mm/8.4 mm), is filled with approximately 0.31 g of granulated tobacco, water,
flavour, potassium carbonate and formulation aid, and its exterior is composed
of the following elements :
– An outer capsule made of polypropylene.
– A mouthpiece filter made of cellulose acetate.

The total weight of the “tobacco capsule” is approximately 0.56 g.


The “tobacco capsule” is inserted into the end of the “cartridge”. The
“cartridge” contains a liquid consisting of propylene glycol, glycerol, and water.
After connecting the “cartridge” with the “battery”, the “tobacco capsule” is
put into the mouth for inhaling. By inhaling, the sensor in the “battery” reacts
and the inside of the “cartridge” is heated, which enables the liquid in the
“cartridge” to be vaporized. The vapour passes through the “tobacco capsule”
and absorbs flavours
WCO Headquarters, Brussels,
from the granulated tobacco
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Tobacco capsule

Potential headings at issue?


24.03 Other manufactured tobacco and manufactured
tobacco substitutes; “homogenised” or
“reconstituted” tobacco; tobacco extracts and
essences.
- Smoking tobacco, whether or not containing
tobacco substitutes in any proportion :
2403.19 Other
- Other :
2403.99 Other

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Tobacco capsule

HSC’s Decision

Heading 2403.99 Other

Legal base GIR 1 and 6

QUESTIONS

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Tobacco heated product “EHTP”


What about this product?

24.02 ? 2403.19 ? 2403.91 ? 2403.99 ?


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THANK YOU FOR YOUR
ATTENTION
ANY QUESTION ?

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