Amazon JP Confirms Their Use of the Old HTS Codes

[Lunatic_Sae]

I just received an email from a Sr. Supervisor in the Customers Relations Department from Amazon JP regarding their standing and findings regarding their use of the outdated Harmonized Tariff Schedule codes and their interpretation of the current codes.

US Tariff rate and applicable products:
We have checked this cautiously, and confirmed bellows:

*DVD Products:
A correct Harmonized Tariff Code (HTC in Japanese), or Harmonized Tariff Schedule (HTS in English) is 8523.40.50. And 2.7% Duty & Tax will apply for DVD importation to U.S. We found the limit for Duty Free importation is up to US$200. So if the total amounts exceed US$200 for the shipments, 2.7% duty would be applied by US government.

*CD (Music) Products:
A correct HTC is 8523.40.30. And Duty & Tax is free for CD importation to US.

*Software Products:
A correct HTC is 8523.40.40. And Duty & Tax is free for SW importation to US.

We confirm the US tariff rule itself is nothing changed with this time HTC change. It means, even though currently Amazon.co.jp is using outdated HTC, if the total amount of the DVD product importation to US would exceeds US$200, then that shipments is applicable for the 2.7% Duty & Tax by US government. Therefore we really appreciate you consider this for next time purchase from Amazon.co.jp for DVD products. For CD (Music) and Software for
automated data processing machine (computer) we confirmed Duty and Tax is free, so there is no concern.

Apparently, according to Amazon JP, Fedex has been correct in issuing customs fees on any DVD imports that are valued at over $200.00. This means that when Amazon JP does change the codes, they will be using the taxable 8523.40.5000 code on any DVDs they ship. I'm curious now as to which code HMV JP is using when exporting DVDs since no one has complained that they've paid customs fees on any orders from them, if Amazon JP is correct in their interpretation of the tariff schedule.

While I'm glad Amazon JP finally replied to me in an actual written email instead of a form letter, I am not at all happy with what they found. Needless to say, all my future orders will be from HMV JP since, I assume, they are using the non-taxable 8523.40.4000 code when exporting their orders - whether they are correct or not is another question at this point.

We'll see what Fedex says about this - they are still processing the dispute that I sent in earlier this week. If they claim that they too are using the correct code of 8523.40.5000 that is taxable at 2.7%, Amazon JP is probably correct in their interpretation of the Harmonized Tariff Schedule. I might need to send an email to someone at the International Trade Commission requesting clarification as to where DVDs fall in the tariff schedule if Fedex denies my dispute.

[slerch666]

I also received an email from a supervisor last night while I was sleeping.

First the person actually apologized for all of the times I was emailed the exact same response. I was then apologized to for not being given a timely reply, a real reply, to any of my inquiries. And lastly, apologized for not changing the incorrect codes.

Here's what I was told:

1. Amazon.co.jp is using outdated Harmonized Tariff Code(HTC)
We confirmed Amazon.co.jp is using old HTC. This is on the way to
be changed. Although we are working on this right now, due to the
system complexity this took time. I really appreciate your
feedback and thanks for your patience on this change.

2. US Tariff rate and applicable products.
You mentioned your order is not applicable for 2.7% Duty & Tax.
We have checked this cautiously, and confirmed bellows:

*DVD Products:
A correct Harmonized Tariff Code (HTC in Japanese), or Harmonized
Tariff Schedule (HTS in English) is 8523.40.50. And 2.7% Duty &
Tax will apply for DVD importation to U.S. We found the limit for
Duty Free importation is up to US$200. So if the total amounts
exceed US$200 for the shipments, 2.7% duty would be applied by US
government.

This time both of your above order (#250-0644867-2899821, #250-
8341815-5511059) has more than 200$ DVD products so those are
applicable for this.

*CD (Music) Products:
A correct HTC is 8523.40.30. And Duty & Tax is free for CD
importation to US.

*Software Products:
A correct HTC is 8523.40.40. And Duty & Tax is free for SW
importation to US.

We confirm the US tariff rule itself is nothing changed with this
time HTC change. It means, even though currently Amazon.co.jp is
using outdated HTC, if the total amount of the DVD product
importation to US would exceeds US$200, then that shipments is
applicable for the 2.7% Duty & Tax by US government. Therefore we
really appreciate you consider this for next time purchase from
Amazon.co.jp for DVD products. For CD (Music) and Software for
automated data processing machine(computer) we confirmed Duty and
Tax is free, so there is no concern.

I was also:

1) apologized to again
2) offered to pay the taxes on the orders I already received and paid taxes on
3) given a 1,000 Yen gift certificate for an Amazon Jp order (I think this happens when they dick you around all the time and you complain... a lot.)


As far as which code is correct, I'm not really sure. The description for 8523.40.40 is:

For reproducing representations of
instructions, data, sound, and image,
recorded in a machine readable binary form,
and capable of being manipulated or
providing interactivity to a user, by means of
an automatic data processing machine;
proprietary format recorded discs

IMO that's a DVD description. It reproduces representations of sound and image and is recorded onto the disc in binary (1's and 0's on the disc) and is interactive in nature.

I'm going to respond with this description and let them know what I think.

As far as switching to HMV, for me it all depends. If Amazon Jp is using the correct codes for CDs and using the .50 code for DVDs, I'll factor in the 2.7% tax + $5 FedEx charges and purchase from whomever has the cheaper rates. If it's Amazon, so be it. If HMV, so be it. I prefer USPS to FedEx, and a package strapped to an illegal immigrant is probably more likely to appear at my house than DHL, so anything is better than DHL.

[nakimushi]

Originally Posted by slerch666

I also received an email from a supervisor last night while I was sleeping.

First the person actually apologized for all of the times I was emailed the exact same response. I was then apologized to for not being given a timely reply, a real reply, to any of my inquiries. And lastly, apologized for not changing the incorrect codes.

Here's what I was told:

I was also:

1) apologized to again
2) offered to pay the taxes on the orders I already received and paid taxes on
3) given a 1,000 Yen gift certificate for an Amazon Jp order (I think this happens when they dick you around all the time and you complain... a lot.)


As far as which code is correct, I'm not really sure. The description for 8523.40.40 is:

IMO that's a DVD description. It reproduces representations of sound and image and is recorded onto the disc in binary (1's and 0's on the disc) and is interactive in nature.

I'm going to respond with this description and let them know what I think.

As far as switching to HMV, for me it all depends. If Amazon Jp is using the correct codes for CDs and using the .50 code for DVDs, I'll factor in the 2.7% tax + $5 FedEx charges and purchase from whomever has the cheaper rates. If it's Amazon, so be it. If HMV, so be it. I prefer USPS to FedEx, and a package strapped to an illegal immigrant is probably more likely to appear at my house than DHL, so anything is better than DHL.

Great that they finally got back to you.

However, where did they get that 8523.40.50 was the appropriate code?

On your most recent invoice with the old codes, what was the code they used for DVDs, was it: 8524.39.40 or 8524.39.80?

These are the mappings from Appendix D which lists the code changes made in 2007:

8524.32.00 -> 8523.40.30 (CDs)
8524.39.40 -> 8523.40.40 (DVDs)
8524.39.80 -> 8523.40.50 (other)

Index page


If the old code they were using was 8524.39.40, then they really should be using 8523.40.40, not .50.

I haven't ordered from them in a long time, so I don't have a recent invoice with the old codes, but they were using 8524.39.40 for DVDs, the last time I ordered from them last year.


I checked the change record for the 2008 revisions, and those codes were not modified in 2008.

HTS Page

[jlazar]

Digging through all that, it seems that 8523.40.50 is the "catch all" for all optical media that doesn't fit the other descriptions.

I agree that 8523.40.40 seems to fit DVDs perfectly.

[Roujin0308]

Originally Posted by nakimushi

However, where did they get that 8523.40.50 was the appropriate code?

On your most recent invoice with the old codes, what was the code they used for DVDs, was it: 8524.39.40 or 8524.39.80?

These are the mappings from Appendix D which lists the code changes made in 2007:

8524.32.00 -> 8523.40.30 (CDs)
8524.39.40 -> 8523.40.40 (DVDs)
8524.39.80 -> 8523.40.50 (other)

Index page


If the old code they were using was 8524.39.40, then they really should be using 8523.40.40, not .50.

I haven't ordered from them in a long time, so I don't have a recent invoice with the old codes, but they were using 8524.39.40 for DVDs, the last time I ordered from them last year.


I checked the change record for the 2008 revisions, and those codes were not modified in 2008.

HTS Page

On my April shipment - for which FedEx billed me customs charges - Amazon Jp used 8524.39.0000 and FedEx transformed that into 8523.40.5000.

[slerch666]

Originally Posted by nakimushi

Great that they finally got back to you.

However, where did they get that 8523.40.50 was the appropriate code?

They got the codes from the "careful investigation." The old code they were using for DVDs is 8524.39.0000. I don't have an invoice with CDs on it, but I'm pretty sure those were marked as 8524.32.00, so they are correcting that code to the proper code for CDs now.

If the old code they were using was 8524.39.40, then they really should be using 8523.40.40, not .50.

I'm not sure how they came to the conclusion that DVDs aren't the same basic thing as PC Software (which they don't ship out of Japan anyway if memory serves me correctly). But it looks like according to their old codes they are doing the proper thing.

Thanks for all the information. I don't think I can get Amazon Jp to change their classification of DVDs unfortunately. It would be nice if they kept messing up like they did on my order in January and mark everything as "magazine."

[Lunatic_Sae]

Originally Posted by slerch666

Thanks for all the information. I don't think I can get Amazon Jp to change their classification of DVDs unfortunately. It would be nice if they kept messing up like they did on my order in January and mark everything as "magazine."

I guess our only recourse would be to constantly dispute the customs charges with Fedex instead of complaining to Amazon JP. It took us this long to get an actual reply from Amazon JP regarding a change is the tariff code, only to have Amazon JP change it in a way that is inconsistent with the way that it was done before the codes were revised.

Now, if Amazon JP starts using the 8523.40.50 code for all DVDs, can we still dispute the customs charges with Fedex? I'm thinking that Fedex would now say that the codes were wrong coming from Amazon JP (now that they are using the current codes) and that the problem now lie between Amazon JP and the consumer instead of with Fedex, since it's not the customs broker that is making the mistake with the change in the code.

[slerch666]

Originally Posted by Lunatic_Sae

Now, if Amazon JP starts using the 8523.40.50 code for all DVDs, can we still dispute the customs charges with Fedex? I'm thinking that Fedex would now say that the codes were wrong coming from Amazon JP (now that they are using the current codes) and that the problem now lie between Amazon JP and the consumer instead of with Fedex, since it's not the customs broker that is making the mistake with the change in the code.

You would have to file a dispute, most likely, for them. The problem is that my guess is that with Amazon Jp saying that the .50 code is correct, the dispute will go through and you'll still be asked to pay for taxes.

It sucks, but that's how it is.

Guess HMV, which I believe has a similar 23% discount, is the way to go from here on.

[The Great Bear]

How about I muddy the waters just for fun?

I received my late May Amazon Japan package just within the last half-hour. Inside, 3 DVDs.

I've never had customs problems like many of you, because I always buy less than $200 in any one shipment (I buy little to begin with).

Anyhow, the customs code used for the DVDs is 8524.39.0000. Where do people see 8524.39.40?

Since I only order in small amounts, and FedEx service is very good in my area, I'll probably stick with Amazon.

[slerch666]

Originally Posted by The Great Bear

Anyhow, the customs code used for the DVDs is 8524.39.0000. Where do people see 8524.39.40?

That's fucking funny. They sort of changed the code, but sort of not. That would be a mistake on Amazon's part. What's the description for that code? Does it say DVD/CD?

So they are getting the 8524.39 part correct, but not the last part. Hopefully my copy of ZZ Gundam box 3 doesn't actually arrive (I'd rather have a brand new copy, but so be it) at Amazon so I have to go through a deputy service to score it.