HS 280410 Hydrogen
Quick Answer: HS Code 2804.10 specifically covers "Hydrogen," encompassing the chemical element in its various forms, including compressed, liquefied, or solidified states, provided it meets the purity standards for classification as a chemical element. This heading does not include hydrogen compounds or mixtures where hydrogen is not the predominant element. Importers and exporters should note the varying duty rates: the UK applies a 2.00% ad valorem duty, while the EU's TARIC system shows a 3.70% ad valorem rate. The US Harmonized Tariff Schedule (HTSUS) lists a general duty rate of 25% ad valorem, but offers a preferential "Free" rate for goods originating from numerous countries under various trade agreements (e.g., A, AU, BH, CL, CO, D, E, IL, JO, KR, MA, OM, P, PA, PE, S, SG). Proper origin documentation is crucial to claim these preferential rates.
What Are the Import Duty Rates?
🇬🇧 United Kingdom
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2804100000 | 2.00 % | — | — |
🇪🇺 European Union (TARIC)
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2804100000 | 3.70 % | — | — |
🇺🇸 United States (HTSUS)
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2804100000 | 3.7% | Free (17 programs) | ["thousand m<sup>3</sup>"] |
Special rates available under trade agreements including USMCA, KORUS, GSP.
Duty rates sourced from the USITC (US International Trade Commission) Harmonized Tariff Schedule (HTS) (accessed 2/22/2026), EU TARIC – DG TAXUD (Directorate-General for Taxation and Customs Union) (accessed 2/22/2026), and UK Trade Tariff – HMRC (His Majesty's Revenue and Customs) (accessed 2/22/2026).
Data compiled and presented by HSRates.
Which Trade Agreements Reduce Duties for HS 2804.10?
Imports of Hydrogen may qualify for reduced or zero duty rates under free trade agreements and preferential programs. The overview below shows available preferential arrangements by jurisdiction, compiled by HSRates from official tariff and trade agreement data.
United States (HTSUS)
Free for USMCA, KORUS, GSP, and 14 other programs
European Union (TARIC)
Preferential rate data not yet available.
United Kingdom
Preferential rate data not yet available.
Preferential rates require proof of origin and may be subject to quotas or conditions. Always verify eligibility with a licensed customs broker.
Data compiled by HSRates.
Which Preferential Rates Apply to Your Origin Country?
Select an origin country to see if preferential rates apply.
Preferential rates based on available trade agreements. Actual rates may vary.
How Has Trade Volume Developed?
How to Classify This HS Code?
What products does HS 280410 cover?
This subheading covers hydrogen, a chemical element with the atomic number 1, in its elemental form (H₂). According to the World Customs Organization (WCO) Harmonized System Nomenclature, Heading 2804 specifically covers "Hydrogen, rare gases and other non-metals." Subheading 2804.10 is dedicated solely to hydrogen, whether compressed, liquefied, or in other physical states, provided it remains chemically uncombined. This includes industrial-grade hydrogen used in various applications such as fuel cells, chemical synthesis, and metallurgy, as defined by official sources like the USITC Harmonized Tariff Schedule (HTS) and the EU TARIC system.
What falls outside HS 280410?
The following products are excluded from HS 280410: hydrogen in chemical combination with other elements, such as water (H₂O) classified under Chapter 22 or other chemical compounds found in Chapters 28 or 29. Deuterium (heavy hydrogen) and tritium (super-heavy hydrogen), which are isotopes of hydrogen, are specifically classified under HS 2845.10 as "Heavy water (deuterium oxide); other isotopes of hydrogen and their compounds; mixtures and solutions of these products." This distinction is crucial as 280410 is strictly for the elemental form, not its isotopic variants or compounds.
What are common classification mistakes for HS 280410?
A common error is misclassifying hydrogen isotopes or hydrogen compounds under HS 280410. Importers sometimes overlook the specific exclusion of deuterium and tritium, which are explicitly provided for in HS 2845.10. Another mistake involves classifying mixtures where hydrogen is not the predominant or essential character, or where it is chemically bonded. Proper application of General Interpretive Rule (GRI) 1, which states that classification is determined according to the terms of the headings and any relative section or chapter notes, is essential to avoid these errors and ensure accurate classification of elemental hydrogen.
How should importers classify products under HS 280410?
The correct procedure for classifying products under HS 280410 involves verifying that the product is indeed elemental hydrogen (H₂) and not an isotope or a chemical compound. Importers and customs brokers should consult the WCO Explanatory Notes for Heading 2804, which provide detailed guidance on the scope of "Hydrogen." Additionally, reviewing the specific legal notes for Chapter 28 and any relevant national tariff schedule (e.g., USITC HTS, EU TARIC) is crucial. If the product is pure, uncombined hydrogen, then HS 280410 is the appropriate classification, typically incurring a 0% ad valorem duty rate in most major economies like the United States and the European Union.
Which HS Codes Are Related?
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FAQ
What is the import duty rate for Hydrogen (HS 2804.10) into the United States?
The Most Favored Nation (MFN) duty rate for Hydrogen (HS 2804.10.00.00) imported into the United States is 3.7% ad valorem, as per the Harmonized Tariff Schedule of the United States (HTSUS). However, many countries are eligible for preferential duty treatment, resulting in a 'Free' rate. This includes imports from countries under agreements such as the USMCA (Canada, Mexico), Australia Free Trade Agreement (AU), Bahrain Free Trade Agreement (BH), Chile Free Trade Agreement (CL), Colombia Trade Promotion Agreement (CO), Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) (D, E), Israel Free Trade Agreement (IL), Jordan Free Trade Agreement (JO), Korea-U.S. Free Trade Agreement (KR), Morocco Free Trade Agreement (MA), Oman Free Trade Agreement (OM), Panama Trade Promotion Agreement (PA), Peru Trade Promotion Agreement (PE), Singapore Free Trade Agreement (SG), and others. Importers should verify the specific country of origin and applicable trade agreement to claim preferential duty rates.
What are the key classification criteria for HS 2804.10 'Hydrogen'?
HS 2804.10 specifically covers 'Hydrogen'. The primary classification criterion is the chemical identity of the substance itself. This heading is straightforward as it is dedicated solely to the element hydrogen (H). It covers hydrogen in all its forms suitable for international trade, typically as a gas, but also potentially as a liquid. There are no purity thresholds or specific isotopic considerations that typically shift it out of this heading, although specific isotopes (like deuterium) might have separate, more specific classifications if traded as such. Importers should ensure that the product is indeed hydrogen and not a mixture where hydrogen is merely a component, which would likely classify elsewhere based on the predominant element or function of the mixture.
What documentation is typically required for importing Hydrogen under HS 2804.10?
Standard import documentation is required for Hydrogen under HS 2804.10. This typically includes a commercial invoice, packing list, bill of lading or air waybill, and a customs declaration (e.g., CBP Form 7501 in the US). For claiming preferential duty rates (e.g., under a Free Trade Agreement), a Certificate of Origin or an origin declaration is crucial. Depending on the country of export and import, a Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) may also be required due to hydrogen's flammability, to ensure compliance with hazardous materials regulations. Importers should consult with their customs broker and the relevant customs authority for any specific national or local requirements regarding hazardous goods.
Are there any common trade agreements that offer preferential duty treatment for HS 2804.10?
Yes, numerous trade agreements provide preferential duty treatment, often a 'Free' rate, for Hydrogen (HS 2804.10). In the U.S. context, key agreements include the USMCA (United States-Mexico-Canada Agreement), which grants duty-free access for qualifying hydrogen from Mexico and Canada. Other significant agreements include the Free Trade Agreements with Australia, Bahrain, Chile, Colombia, Israel, Jordan, Korea, Morocco, Oman, Panama, Peru, and Singapore. The Generalized System of Preferences (GSP) may also offer duty-free treatment for eligible developing countries, though GSP eligibility can change. Importers must ensure that their goods meet the Rules of Origin requirements of the respective agreement to qualify for these preferential rates.