HS 282741 Chloride oxides and chloride hydroxides

What products does HS 282741 cover?

This subheading covers chloride oxides and chloride hydroxides, specifically those of copper. As defined by the Harmonized System Nomenclature, and reflected in the USITC Harmonized Tariff Schedule (HTS) and EU TARIC, this classification encompasses chemical compounds containing chlorine, oxygen, and a metal, where the metal is copper. These are distinct chemical species, not simple mixtures, and are characterized by their specific chemical formulas, such as copper(II) chloride hydroxide (Cu2(OH)3Cl), often found in mineral forms or as corrosion products. The WCO Explanatory Notes for Chapter 28 provide further context, emphasizing the pure chemical nature required for classification within this chapter.

What falls outside HS 282741?

The following products are excluded from HS 282741: simple chlorides (e.g., copper chloride, HS 2827.39), simple oxides (e.g., copper oxide, HS 2825.50), and hydroxides (e.g., copper hydroxide, HS 2825.50) that do not also contain the other specified elements in the "chloride oxide" or "chloride hydroxide" structure. Furthermore, mixtures or preparations containing these compounds, but not consisting solely of the pure chemical, would typically be classified elsewhere, often in Chapter 38 if they are chemical preparations not elsewhere specified or included. For instance, a fungicide formulation containing copper chloride hydroxide as an active ingredient would likely fall under Chapter 38, specifically HS 3808.92 for fungicides.

What are common classification mistakes for HS 282741?

A common error is misclassifying simple copper chlorides or copper oxides as chloride oxides or chloride hydroxides, failing to recognize the precise chemical definition required by the subheading. Importers sometimes overlook the "oxide" or "hydroxide" component, classifying based solely on the presence of chlorine and copper. Another frequent mistake involves classifying mixtures or preparations containing these compounds under 282741, rather than under Chapter 38 or other specific chapters for formulated products. This often violates General Interpretative Rule (GRI) 3(b), which prioritizes classification by essential character for mixtures, or GRI 1, which emphasizes the legal text of the headings and subheadings, requiring the product to be the pure chemical compound described.

How should importers classify products under HS 282741?

The correct procedure for classifying products under HS 282741 involves a rigorous chemical analysis to confirm the presence and specific chemical structure of a copper chloride oxide or copper chloride hydroxide. Importers and customs brokers should obtain a detailed Certificate of Analysis (CoA) or Safety Data Sheet (SDS) from the manufacturer, clearly stating the chemical name, formula, and purity. Verification against the WCO Harmonized System Nomenclature and the specific national tariff schedules (e.g., USITC HTS, EU TARIC) is crucial to ensure the product precisely matches the description. If there is any doubt, seeking a binding ruling from the relevant customs authority (e.g., CBP in the US, national customs in the EU) is highly recommended to ensure compliance and avoid potential penalties or delays.