Tungsten (including waste)
CN β US| HS Code | Tariff Rate | Origin | Destination | Doc |
|---|---|---|---|---|
| 8101970000 | 12.8% | CN | US | Official Doc |
| 8101100000 | 42.0% | CN | US | Official Doc |
| 8101970000 | 12.8% | CN | US | Official Doc |
| 8101100000 | 42.0% | CN | US | Official Doc |
| 8101970000 | 12.8% | CN | US | Official Doc |
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AI Analysis
ποΈ Tungsten Waste & Scrap (HS Codes 8101.10 & 8101.97)
π HS Code Reference & Customs Clearance Guide | 2026 Latest Tariff Analysis | Strategic Clearance Strategy for Tungsten
π I. Product Definition & Classification: What is "Tungsten Waste"?
Tungsten (W) is a refractory metal critical for aerospace, electronics, and heavy industry. When discussing "Tungsten (including waste)" in customs declarations, we are primarily dealing with used, recycled, or by-product forms of the metal.
The classification hinges on two critical factors:
1. Form: Is it "Waste and Scrap" (unprocessed, mixed, or shredded) or "Ingots/Blocks" that are merely by-products of other processes (often mistakenly classified as waste)?
2. Purity/Specificity: Does it fall under general waste (8101.97) or specific tungsten materials (8101.10)?
β οΈ Key Distinction Point:
- If the material is scrap, shavings, powder, or broken fragments with no specific commercial form suitable for immediate use β Waste/Scrap (8101.97 or 8101.10).
- If it is tungsten carbide or specific alloys, check Chapter 81 subheadings carefully. Note: The provided data strictly limits us to HS 8101.10 and 8101.97.
π¦ II. HS Code Classification Details (Based on Provided Data)
According to the input data, there are two primary HS Codes with distinct tax implications. One is significantly more expensive due to trade measures.
| HS Code | Product Description (from Data) | Key Characteristics | Total Tax Rate |
|---|---|---|---|
8101.97.00.00 |
Tungsten Waste and Scrap (General/Specific Category) Summary: Matches tungsten material & waste form, fits waste/fragment classification. |
β’ Fits "Waste and Scrap" definition β’ "Waste and fragments" category β’ Specific category definition |
12.8% |
8101.10.00.00 |
Tungsten Waste and Scrap (Alternative Category) Summary: Matches tungsten material & waste scope, fits waste/side-product classification. |
β’ Fits "Waste and Side-products" definition β’ Broader waste scope |
42.0% |
π Critical Analysis:
- Why the huge difference?8101.10.00.00attracts a 25% additional tariff, likely due to specific trade restrictions or anti-dumping measures on certain tungsten forms.
-8101.97.00.00has 0% additional tariff, making it the preferred classification if the physical form of the waste justifies it.
π° III. 2026 Latest Tariff Rate Breakdown (Detailed Tax Clauses)
β Applicable Region: United States (US)
β Origin: China (CN) (Implied by 122 Clause & Total Tax Structure)
β Effective Date: Current (2025-2026 Period)
π― 1. HS Code 8101.97.00.00 β The "Lower Rate" Option
| Item | Detail |
|---|---|
| Basic Tariff | 2.8% |
| Additional Tariff (Section 301/USITC) | 0.0% |
| Section 122 Tariff | +10.0% |
| Total Tax Rate | 12.8% |
| Tax Calculation | CIF Value Γ 12.8% |
| De Minimis Exemption | β Not Applicable (High value threshold usually applies, but trade restrictions may block it) |
π Explanation:
- "Basic Tariff 2.8%": Standard Most Favored Nation (MFN) rate for tungsten waste.
- "Section 122 Tariff 10%": Refers to specific US trade actions (often related to national security or specific country quotas).
- "No Additional Tariff": This is the key advantage. This HS code does not trigger the punitive 25% additional tariff.
π― 2. HS Code 8101.10.00.00 β The "High Rate" Option
| Item | Detail |
|---|---|
| Basic Tariff | 7.0% |
| Additional Tariff (Section 301/USITC) | +25.0% |
| Section 122 Tariff | +10.0% |
| Total Tax Rate | 42.0% |
| Tax Calculation | CIF Value Γ 42.0% |
| De Minimis Exemption | β Not Applicable |
π Explanation:
- "Basic Tariff 7.0%": Higher base rate for this specific subheading.
- "Additional Tariff 25%": This is the critical differentiator. This 25% is likely a Section 301 tariff on Chinese tungsten products.
- "Section 122 Tariff 10%": Same as above, applies to both codes.
- Total 42%: This rate is 3.28x higher than8101.97.00.00.
π οΈ IV. Customs Clearance Practical Advice (Pitfall Avoidance Guide)
β 1. Documentation Checklist (Non-Negotiable)
| Document | Required? | Purpose |
|---|---|---|
| β Certificate of Origin (CO) | βοΈ | To determine if Section 122/Additional tariffs apply based on country of origin. |
| β Product Description (Detailed) | βοΈ | Must explicitly state "Tungsten Waste," "Scrap," or "Shavings." Avoid vague terms like "Metal Parts." |
| β Photos of Cargo | βοΈ | Must show waste state (not ingots). Clear images of texture, size, and lack of finished form. |
| β Processing Statement | βοΈ | If claiming 8101.97, explain why itβs "waste" and not "semi-finished goods." |
| β Commercial Invoice | βοΈ | Must match HS Code and clearly state value per kg. |
β 2. Classification Strategy (The "Save Money" Formula)
π₯ "Know Your Form: Waste is 12.8%, Scrap is 42%! Choose Wisely!"
| Scenario | Recommended HS Code | Why? |
|---|---|---|
| Unprocessed Shavings/Chunks | 8101.97.00.00 |
Fits "Waste and Fragments" definition. Avoids 25% penalty. |
| Recycled Powder/Mixed Slag | 8101.97.00.00 |
Broad "Specific Category" definition applies. |
| Ingots/Blocks from Production | 8101.10.00.00 |
Caution: If itβs not true "waste," it may fall here. Accept 42% tax if misclassified. |
| Tungsten Carbide Waste | Check Chapter 81 | Ensure itβs not classified under alloys or tools. |
π Warning:
- Do NOT misdeclare8101.97as8101.10to avoid the 25% tariff if the goods are truly waste. Customs will inspect.
- Do NOT declare8101.10if8101.97applies. You will overpay 29.2% tax unnecessarily.
β 3. Special Cases & Handling
| Situation | Handling Advice |
|---|---|
| Mixed Metals (W + Other) | Declare as composite waste. If Tungsten >50%, may still qualify for Chapter 81. Provide material composition report. |
| Contaminated Waste | Must declare contamination level. Some "waste" is considered hazardous. Check EPA regulations. |
| Section 122 Applicability | Confirm if your supplier is from a country subject to Section 122. If not, 122 tariff may be 0%, reducing total to 2.8% or 7%. |
π V. Global Market Comparison (Tungsten Waste)
| Region | HS Code (Similar) | Est. Tariff (China Origin) | Notes |
|---|---|---|---|
| πΊπΈ USA | 8101.97 / 8101.10 |
12.8% / 42.0% | High Section 122/301 impact. |
| πͺπΊ EU | 8101.97 |
~2-5% | Generally lower tariffs, but strict waste shipment regulations (BS Regulation). |
| π¨π³ China | 8101.97 |
0% | China imports tungsten waste for recycling. Export restrictions may apply. |
| π―π΅ Japan | 8101.97 |
0-5% | Strict quality control for imported scrap. |
π Conclusion:
- The US market is the most complex and costly due to layered tariffs.
- Correct HS Code selection is critical to avoid paying 42% when 12.8% is applicable.
π VI. Common Mistakes & Pitfalls (Blood & Tears)
β Mistake 1: Declaring "Tungsten Ingots" as "Waste" to save tax.
π Consequence: Customs inspection reveals solid form β Rejected, fined, or forced to pay 42% + penalties.
β Mistake 2: Ignoring the "Section 122" clause.
π Consequence: If your goods are subject to Section 122, failing to declare it leads to seizure or retroactive fines.
β Mistake 3: Confusing "Waste" with "Recycled Material."
π Consequence: "Recycled Tungsten" might be classified differently if itβs refined to 99%+ purity. Check purity levels.
β Mistake 4: Not providing photos of the waste state.
π Consequence: Customs officer assumes itβs new material β Higher tariff bracket.
β Correct Practice:
"Tungsten Scrap, Shavings, Mixed Sizes, 95% Pure Tungsten Content, No Specific Commercial Form"
HS Code:8101.97.00.00
Total Tax: 12.8%
π― VII. Conclusion: Smart Clearance, Lower Costs!
π― Remember This Rule:
πΉ "Waste Form = 12.8% (8101.97)"
πΉ "Other/Specific Waste = 42% (8101.10)"
πΉ "Don't Pay 42% if 12.8% Applies!"π Pro Tip:
Always provide detailed photos and material composition reports to justify the8101.97.00.00classification. If in doubt, request an Advance Ruling from US Customs (CBP) before shipping.
π£ Action Item:
π Contact your customs broker today.
π Prepare "Waste & Scrap" documentation.
π Save 29.2% on tariffs by choosing the right HS Code!
β¨ Professional Customs Clearance Starts with Precision!
πΌ Your Margins MatterβEvery Percentage Point Counts!
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About HS Code Classification
The Harmonized System (HS) is an internationally standardized nomenclature developed by the World Customs Organization (WCO) to classify traded products. Over 200 countries use the HS system as the basis for customs tariffs, trade statistics, and import/export regulations.
Each HS code follows a hierarchical structure:
- Chapter (2 digits) β Broad category of goods (e.g., Chapter 84: Machinery and Mechanical Appliances)
- Heading (4 digits) β More specific grouping within the chapter
- Subheading (6 digits) β Internationally standardized breakdown, used by all WCO member countries
- National subdivisions (8-10 digits) β Country-specific extensions for further classification, such as US HTSUS 10-digit codes
Correct HS code classification is essential for smooth customs clearance, accurate duty payment, and compliance with trade regulations. Misclassification can lead to customs delays, overpayment of duties, or penalties.
When importing from CN to US, the applicable tariff rates may include:
- Most-Favored-Nation (MFN) rate β The standard duty rate applied to WTO members
- General rate β Applied to countries without trade agreements
- Trade remedy duties β Additional tariffs such as Section 301 (anti-dumping), Section 232 (national security), or countervailing duties
The information provided on this page is for reference purposes only. For official classification, please consult with your local customs authority or a licensed customs broker.