HS 282120 Earth colours

The Most Favored Nation (MFN) duty rates for HS 2821.20 can vary significantly by importing country. For instance, the United States generally applies a 4.0% ad valorem duty rate, while the European Union's TARIC database indicates a common MFN duty rate of 4.6% ad valorem for many 'earth colours' originating from non-preferential countries. The United Kingdom Global Tariff also lists a 4.6% ad valorem rate. However, many trade agreements offer preferential duty treatment, often resulting in a 'Free' (0%) duty rate. Importers can claim these preferential rates by providing valid Certificates of Origin (e.g., Form A, EUR.1, or declarations of origin) under agreements such as the USMCA, GSP, or various Free Trade Agreements (FTAs) with countries like Australia (AU), Bahrain (BH), Chile (CL), Colombia (CO), Israel (IL), Jordan (JO), Korea (KR), Morocco (MA), Oman (OM), Panama (PA), Peru (PE), Singapore (SG), and others. It is crucial to verify the specific trade agreement and its rules of origin requirements to ensure eligibility for preferential treatment.

HS 2821.20 specifically covers 'Earth colours.' According to the Harmonized System Explanatory Notes (HSENs) for Chapter 28, this subheading includes naturally occurring inorganic pigments such as ochres, siennas, and umbers, which are essentially natural iron oxides mixed with varying proportions of clay, silica, and other mineral substances. The primary classification criterion is their natural origin and composition as earth-derived pigments. They are distinguished from synthetic inorganic pigments (often classified under HS 2821.10 for iron oxides and hydroxides or other headings in Chapter 28 or 32) by their natural state and often by their characteristic earthy hues and varying mineral impurities. If the earth colours have been significantly processed beyond simple grinding, washing, or calcining to enhance their properties, or if they are mixed with synthetic pigments or organic binders, their classification might shift to other headings, particularly within Chapter 32 (e.g., 'prepared pigments').

Beyond standard shipping documentation such as the commercial invoice, packing list, and bill of lading/air waybill, importers of 'Earth colours' under HS 2821.20 should be prepared to provide a Certificate of Origin if claiming preferential duty rates under a Free Trade Agreement or other preferential scheme. For example, a USMCA Certificate of Origin would be required for goods originating from Canada or Mexico entering the U.S. Furthermore, depending on the specific composition and end-use, a Safety Data Sheet (SDS) or Material Safety Data Sheet (MSDS) is often requested by customs authorities or required by national chemical regulations (e.g., REACH in the EU, TSCA in the U.S.) to ensure compliance with health, safety, and environmental standards. While 'earth colours' are generally considered low-risk, some jurisdictions may require specific declarations regarding heavy metal content or other impurities, especially if intended for sensitive applications like children's products or cosmetics, though these are less common for the raw pigment itself.

Yes, numerous trade agreements significantly impact the duty rates for HS 2821.20. Most major Free Trade Agreements (FTAs) negotiated by the U.S., EU, UK, and other economic blocs include provisions for 'Earth colours' to receive preferential duty treatment, often resulting in a 0% 'Free' duty rate. For example, the U.S. has FTAs with countries like Australia, Bahrain, Chile, Colombia, Israel, Jordan, Korea, Morocco, Oman, Panama, Peru, and Singapore, all of which typically grant duty-free access for qualifying goods under HS 2821.20. Similarly, the EU's extensive network of FTAs (e.g., with Canada, Japan, Korea, Mexico, UK) and the UK's independent trade agreements often provide preferential access. The implication for importers is a significant opportunity for cost savings. However, to benefit from these reduced rates, strict adherence to the respective agreement's Rules of Origin (ROO) is mandatory. This typically involves ensuring the goods meet specific origin criteria (e.g., 'wholly obtained' or sufficient 'value-add' within the free trade area) and providing the correct origin documentation at the time of import.