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53
Tariff Chapter 53
Flax, raw or processed but not spun; flax tow and waste (including yarn waste and garnetted stock)
What does heading 5301 of the customs tariff cover?
Heading 5301 covers raw or processed flax, but not spun, as well as tow and waste of flax (including yarn waste and garnetted stock). This includes flax fibres at various stages of processing: plant stems, scutched fibres, hackled fibres and flax tow. Import of flax into the EU is subject to a zero duty rate (0%). Flax is a traditional European raw material, particularly cultivated in France and Belgium. A phytosanitary certificate is required. Import of flax from third countries is subject to standard customs and phytosanitary controls. Heading 5301 is part of Chapter 53 (textiles, fabrics and clothing) of the Combined Nomenclature (CN) used in the European Union. This classification is based on the Harmonized System (HS) developed by the World Customs Organization (WCO), which is used in over 200 countries worldwide. The EU Combined Nomenclature extends the HS with additional 8-digit subheadings, while the TARIC system adds 10-digit codes for identifying specific trade measures. Each 4-digit heading such as 5301 is subdivided into 6-digit (HS), 8-digit (CN) and 10-digit (TARIC) subheadings that specify the type of goods for the purpose of applying the correct duty rates, trade measures and regulatory requirements. Correct determination of the 10-digit code is essential for establishing the amount of customs duties and taxes, as well as required permits and certificates. Classification of goods under heading 5301 must follow the General Rules for the Interpretation (GRI) of the Combined Nomenclature. Rule 1 states that classification is determined primarily by the terms of the headings and the relevant section or chapter notes. The Explanatory Notes to the Harmonized System and the Combined Nomenclature clarify the scope of each heading and are essential references for importers and customs brokers.
Duty rates and import requirements for heading 5301
Import of flax into the EU is subject to a zero duty rate (0%). Flax is a traditional European raw material, particularly cultivated in France and Belgium. A phytosanitary certificate is required. Import of flax from third countries is subject to standard customs and phytosanitary controls. Raw and processed flax is subject to a zero duty rate (0%) when imported into the EU. Correct distinction between raw, scutched and hackled flax affects the tariff subheading. A phytosanitary certificate from the exporting country is required. Flax tow and waste are classified under the same heading 5301 but in separate subheadings. When importing goods under heading 5301 into the European Union, attention must be paid to applicable duty rates, which depend on the specific subheading (8- or 10-digit code) and the country of origin. MFN (Most Favoured Nation) duty rates apply to imports from countries with which the EU does not have preferential trade agreements. Current rates can be checked in the EU TARIC database on the European Commission website. Import of goods under heading 5301 may benefit from preferential duty rates under Free Trade Agreements (FTAs) concluded by the EU with third countries, the Generalised Scheme of Preferences (GSP) for developing countries, or autonomous tariff suspensions. Claiming preferences requires presentation of appropriate proof of origin (EUR.1 certificate, origin declaration, REX certificate or statement on origin under the registered exporter system).
Classification of goods under heading 5301 - key considerations
Heading 5301 covers raw or processed flax, but not spun - the processing stage is decisive. Retted and scutched flax belongs here, but flax yarn goes to 5306. Flax tow (short fibres) also falls under 5301, not 5302. Common mistake: flax-cotton blends classified as flax - if cotton predominates by weight, classify in Chapter 52. Key factor: plant species (Linum usitatissimum) and absence of spinning.
Frequently asked questions
What duty rates apply to raw flax and flax tow (heading 5301)?
Raw or processed flax, not spun, and flax tow and waste under heading 5301 are subject to a 0% customs duty rate. This heading covers flax straw, retted, scutched, combed flax and tow and waste. Flax is a traditional European fibre crop - France, Belgium and the Netherlands are the main EU producers. The zero rate reflects the strategic importance of flax for European textiles.
What phytosanitary requirements apply when importing raw flax?
Importing raw flax requires a phytosanitary certificate confirming absence of pests and plant diseases. REACH documentation is required due to crop protection agents used in cultivation. Retted and scutched flax must meet quality requirements (fibre length, cleanliness, strength). Standard customs documentation includes invoice, customs declaration and certificate of origin. Current duty rates should be verified in the European Commission's TARIC database.
What should be noted when classifying flax under heading 5301?
Heading 5301 covers flax from straw through to combed fibre, but not flax yarn (heading 5306). Subheadings distinguish scutched flax, combed flax, tow and waste. Flax is a bast fibre - classification depends on the processing stage (straw, retted, scutched, combed). Linen fabrics are heading 5309. The key is distinguishing the fibre processing stage. Current duty rates should be verified in the European Commission's TARIC database.
Useful tools & resources
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