Chapter Overview
Chapter 3 of the HTS covers fish, crustaceans, molluscs, and other aquatic invertebrates — whether fresh, chilled, frozen, dried, salted, or in brine. This chapter is one of the most active in U.S. import trade by volume: the United States imports over $25 billion in seafood annually, with frozen shrimp, salmon, tilapia, crab, and lobster leading the category.
Seafood importers face a regulatory environment that goes well beyond duty rates. The FDA requires prior notice for every seafood shipment entering the country. The Foreign Supplier Verification Program (FSVP) imposes ongoing compliance obligations on importers. And for certain species, the NOAA Seafood Import Monitoring Program (SIMP) requires harvest documentation, chain-of-custody records, and species-level reporting that must be filed electronically before the shipment arrives.
The combination of PGA requirements, antidumping and countervailing duty (AD/CVD) exposure, and species-specific admissibility rules makes Chapter 3 one of the most compliance-intensive chapters in the tariff schedule. Importers who treat seafood classification as a simple exercise frequently encounter holds, detentions, and unexpected cost increases at the port. For a full overview of food import compliance, see our food and beverage industry page.
Common HTS Codes in Chapter 3
| HTS Code | Description | Representative Duty Rate |
|---|---|---|
| 0301.11 | Live ornamental freshwater fish | Free |
| 0302.14 | Fresh or chilled Atlantic salmon | Free |
| 0303.14 | Frozen Atlantic salmon (whole) | Free |
| 0304.41 | Fresh or chilled Pacific salmon fillets | Free |
| 0304.81 | Frozen Pacific salmon fillets | Free |
| 0304.89 | Frozen fish fillets (other), including tilapia | Free – 6% |
| 0306.17 | Frozen shrimp and prawns, shelled or not | Free (but AD/CVD risk) |
| 0306.14 | Frozen crabs | Free – 7.5% |
| 0306.11 | Frozen rock lobster and other sea crawfish | Free |
| 0307.43 | Frozen squid (cuttle fish and squid) | Free |
Note: Many Chapter 3 products carry low or zero MFN (Most Favored Nation) duty rates. But the base rate can be misleading — AD/CVD orders, PGA requirements, and species-specific controls often dominate the real cost of importing seafood. Always verify AD/CVD exposure before assuming a "free" rate means zero additional cost.
Duty Rates & Additional Tariffs
The base MFN duty rates for most Chapter 3 seafood products are low or duty-free. Frozen salmon, shrimp, lobster, and many fish fillets enter at zero percent under normal trade relations. This makes Chapter 3 one of the lowest base-duty chapters in the HTS.
However, the base rate is rarely the whole story for seafood importers. The primary cost exposure comes from antidumping and countervailing duties (AD/CVD). The United States maintains active AD/CVD orders on several major seafood categories:
- Frozen warmwater shrimp: AD/CVD orders cover imports from India, Vietnam, Thailand, China, Ecuador, Brazil, and other countries. Rates vary dramatically by producer and can range from under 1% to over 100%.
- Certain frozen fish fillets: AD orders on specific fish species from Vietnam and China have significantly affected the tilapia and pangasius markets.
- Crawfish tail meat: A longstanding AD order covers crawfish from China.
Section 301 tariffs on China-origin seafood add another layer. While many seafood products were initially excluded, the tariff landscape shifts with each review cycle. Importers sourcing from China should verify current Section 301 exposure for every HTS line they use.
PGA & Compliance Requirements
Seafood imports face oversight from multiple Partner Government Agencies (PGAs). Getting the customs entry right is only part of the challenge — PGA filings must be accurate, timely, and complete.
FDA Prior Notice
Every food import, including all Chapter 3 seafood, requires FDA prior notice under the Bioterrorism Act. Prior notice must be filed electronically and received by FDA before the product arrives at the U.S. port. For ocean shipments, prior notice must be submitted no more than 15 days and no less than 8 hours before arrival. For air shipments, the window is no more than 15 days and no less than 4 hours before arrival. Late or incomplete prior notice filings result in automatic refusal of admission.
FSVP (Foreign Supplier Verification Program)
The FSVP rule requires importers to verify that their foreign suppliers produce food that meets U.S. safety standards. For seafood, this means documented hazard analyses, supplier verification activities, and corrective action procedures. FSVP is not a one-time filing — it requires ongoing monitoring, documentation, and periodic reassessment. For a detailed overview, see our FSVP compliance guide.
NOAA / SIMP (Seafood Import Monitoring Program)
Certain species are subject to NOAA's Seafood Import Monitoring Program, which requires electronic reporting of harvest events, chain-of-custody data, and species identification at the time of entry. SIMP-designated species include shrimp, abalone, Atlantic cod, blue crab, dolphinfish (mahi-mahi), grouper, king crab, Pacific cod, red snapper, sea cucumber, sharks, swordfish, and tuna. SIMP data must be filed through the International Trade Data System (ITDS) via ACE.
APHIS Considerations
While most seafood falls under FDA rather than USDA/APHIS jurisdiction, certain products — particularly those containing non-seafood ingredients or those processed in facilities handling meat — may trigger APHIS review. Importers should verify jurisdiction before assuming FDA-only oversight.
Country of Origin Considerations
Country of origin is frequently the single most important cost variable for seafood importers. The base duty rate may be zero, but origin determines AD/CVD exposure, SIMP reporting requirements, and species-specific admissibility rules.
Antidumping exposure by origin: Shrimp from India, Vietnam, Thailand, China, and Ecuador each carry different AD/CVD rates, and those rates change annually based on administrative reviews. An importer who sources shrimp from a new Vietnamese processor may face a much higher rate than an established supplier with a company-specific rate.
USMCA and regional sourcing: Seafood from Canada and Mexico may qualify for preferential treatment under USMCA, though many products already enter duty-free under MFN rates. The value of USMCA for seafood is more often in streamlined PGA processing than in duty savings.
Transshipment and processing risks: Seafood supply chains are global and complex. Fish caught in one country's waters may be processed in a second country and exported from a third. The country of origin for customs purposes is the country where the product undergoes its last substantial transformation — not necessarily where the fish was caught. CBP scrutinizes seafood origin claims closely, and transshipment to evade AD/CVD orders is a major enforcement priority.
Common Classification Mistakes
Confusing Species Names
Seafood classification requires precise species identification. Commercial names like "shrimp," "snapper," or "grouper" can refer to multiple species that classify under different HTS codes with different duty rates and AD/CVD exposure. Using a trade name instead of the scientific species name is one of the most common errors in Chapter 3 entries. CBP and FDA both expect species-level precision.
Misclassifying Processing Level
Chapter 3 distinguishes between live, fresh, chilled, frozen, dried, salted, and smoked products. It also distinguishes between whole fish, fillets, and other cuts. A frozen fillet classifies differently from a frozen whole fish, and a breaded or coated fillet may leave Chapter 3 entirely and classify under Chapter 16 (prepared or preserved fish). Importers who overlook the processing level often misclassify their product and face reclassification penalties.
Ignoring AD/CVD on "Duty-Free" Products
Because many Chapter 3 products show a zero MFN duty rate, importers sometimes assume their landed cost is just the product price plus freight. This overlooks AD/CVD exposure, which can dwarf any base duty. Failing to check for active AD/CVD orders before importing is a costly and common mistake, particularly for shrimp and fish fillets.