HS 280421 Rare gases
Quick Answer: HS 2804.21 specifically covers Argon, a rare gas primarily used in welding, lighting, and as an inert atmosphere for sensitive processes. Importers and exporters should note the varying duty rates across major jurisdictions. In the UK, the Most Favoured Nation (MFN) duty rate is 4.00% ad valorem. The EU applies an MFN rate of 5.00% ad valorem. For the United States, the MFN rate is 3.7% ad valorem, but certain preferential trade agreements (e.g., with Australia, Chile, Korea, Singapore) allow for duty-free entry. Understanding these specific rates and potential trade agreement benefits is crucial for accurate cost calculation and compliance.
What Are the Import Duty Rates?
🇬🇧 United Kingdom
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2804210000 | 4.00 % | — | — |
🇪🇺 European Union (TARIC)
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2804210000 | 5.00 % | — | — |
🇺🇸 United States (HTSUS)
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2804210000 | 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 2804.21?
Imports of Rare gases 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 280421 cover?
This subheading covers Argon, a rare gas falling under Heading 2804, which encompasses hydrogen, rare gases, other non-metals. Specifically, HS 2804.21.00.00 in the U.S. Harmonized Tariff Schedule (HTSUS) and the EU TARIC system designates Argon. The World Customs Organization (WCO) Harmonized System Explanatory Notes for Heading 2804 clarify that rare gases are those found in the atmosphere in very small quantities, characterized by their chemical inertness. Argon is the most abundant of these rare gases, widely used in industrial applications due to its inert properties, such as in welding, lighting, and as a protective atmosphere in various manufacturing processes.
What falls outside HS 280421?
The following products are excluded from HS 280421: other rare gases such as Neon, Krypton, Xenon, and Helium, which are classified under HS 280429. For instance, Helium, despite being a rare gas, has its own specific subheading within 2804.29. Additionally, mixtures of rare gases, unless specifically provided for, would generally fall under other subheadings within 2804.29 or potentially Heading 2853 if they are gas mixtures not elsewhere specified or included. It is crucial to distinguish between pure Argon and other rare gases or their mixtures to ensure accurate classification, as their chemical properties and applications, while similar in some aspects, warrant distinct tariff classifications.
What are common classification mistakes for HS 280421?
A common error is misclassifying other rare gases as Argon, or vice versa, particularly when dealing with bulk shipments or less common rare gases. Importers might incorrectly apply HS 280421 to Helium or Neon, which are correctly classified under HS 280429. This mistake often arises from a general understanding of "rare gases" without precise identification of the specific element. Adherence to General Interpretative Rule (GRI) 1, which states that classification is determined according to the terms of the headings and any relative section or chapter notes, is paramount. Furthermore, GRI 6, which dictates that classification of goods in the subheadings of a heading shall be determined according to the terms of those subheadings and any relative subheading notes, is critical for distinguishing between 280421 and 280429.
How should importers classify products under HS 280421?
The correct procedure for classifying products under HS 280421 involves a precise identification of the gas as Argon. Importers and customs brokers should first confirm the chemical identity of the gas through supplier documentation, such as Certificates of Analysis or Material Safety Data Sheets (MSDS). These documents typically specify the purity and exact chemical composition. Next, consult the WCO Harmonized System Explanatory Notes for Heading 2804 to confirm that the product aligns with the definition of Argon. Finally, cross-reference with the specific national tariff schedules, such as the USITC HTSUS or the EU TARIC, to ensure the correct 8-digit or 10-digit code (e.g., 2804.21.00.00 for the U.S.) is applied. This meticulous approach minimizes classification errors and ensures compliance with international trade regulations.
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FAQ
What is the Most Favored Nation (MFN) import duty rate for goods classified under HS 2804.21 in the United States, and how do preferential rates apply?
For the United States, the Most Favored Nation (MFN) duty rate for HS 2804.21 ('Argon') is 4.00% ad valorem, as per the Harmonized Tariff Schedule of the United States (HTSUS). However, many countries benefit from preferential duty treatment. For example, imports from countries with which the U.S. has Free Trade Agreements (FTAs) or other special trade programs may enter duty-free. This includes countries such as Australia (AU), Bahrain (BH), Chile (CL), Colombia (CO), Israel (IL), Jordan (JO), Korea (KR), Morocco (MA), Oman (OM), Panama (PA), Peru (PE), and Singapore (SG), among others, typically designated with a 'Free' rate in Column 1, Special subcolumn of the HTSUS. Importers should verify the specific program indicator (e.g., 'A', 'AU', 'BH') applicable to their country of origin and ensure compliance with all rules of origin requirements to claim preferential treatment. (Source: USITC HTSUS, Chapter 28, Subheading 2804.21.00)
What are the key classification criteria for 'Argon' under HS 2804.21, and what distinguishes it from other rare gases?
HS 2804.21 specifically covers 'Argon'. The primary classification criterion is the chemical identity of the gas itself. Argon (Ar) is a noble gas, atomic number 18, and is distinct from other rare gases such as Helium (He), Neon (Ne), Krypton (Kr), and Xenon (Xe), which are classified under HS 2804.29 ('Other rare gases'). Importers must ensure that the product being imported is chemically pure argon, or if it is a mixture, that argon is the predominant or essential character-imparting component, to qualify for this subheading. The WCO Explanatory Notes to Chapter 28 provide further guidance on the purity levels and forms (e.g., compressed, liquefied) in which these gases are typically traded. (Source: WCO Harmonized System Explanatory Notes, Chapter 28)
What specific documentation is required for importing Argon (HS 2804.21), especially when claiming preferential duty rates?
For importing Argon under HS 2804.21, standard customs documentation includes a commercial invoice, packing list, bill of lading or air waybill, and a customs declaration form. When claiming preferential duty rates under a Free Trade Agreement (FTA), additional documentation is crucial. This typically involves a Certificate of Origin or an origin declaration, which attests that the Argon meets the specific rules of origin criteria of the respective FTA. For example, under the USMCA (United States-Mexico-Canada Agreement), importers may need to provide a certification of origin. Failure to provide accurate and complete origin documentation can result in denial of preferential duty treatment and assessment of the MFN rate, or even penalties. Importers should consult the specific FTA text and customs regulations of the importing country for precise origin documentation requirements. (Source: Customs regulations of importing countries, e.g., 19 CFR Part 181 for USMCA)
Are there any common trade agreements that specifically impact the import of Argon (HS 2804.21) into the European Union or the United Kingdom, and what are the typical duty rates?
Yes, both the European Union (EU) and the United Kingdom (UK) have numerous trade agreements that impact the import of Argon (HS 2804.21). For the EU, the Common Customs Tariff (TARIC) generally lists an MFN duty rate of 5.00% ad valorem for HS 2804.21. However, the EU has extensive preferential agreements, for instance, with countries like Korea (KR), where imports meeting rules of origin can be 'Free'. Similarly, the UK Global Tariff (UKGT) also applies an MFN duty rate for HS 2804.21, which is 3.7% ad valorem. The UK also maintains a network of Free Trade Agreements (FTAs) and Generalised Scheme of Preferences (GSP) arrangements, allowing for duty-free or reduced-duty imports from partner countries, provided the goods meet the relevant rules of origin. Importers should consult the EU TARIC database or the UK Trade Tariff to verify the specific duty rate and preferential arrangements applicable to their country of origin. (Source: EU TARIC database; UK Trade Tariff, Chapter 28)