HS 285000 Hydrides; nitrides

The Most Favored Nation (MFN) duty rates for HS 2850.00 can vary significantly by importing country. For instance, the United States generally applies a 4.0% ad valorem duty rate to most MFN countries. The European Union's TARIC database indicates a 5.5% ad valorem duty for many hydrides and nitrides. The UK Global Tariff also lists a 5.5% ad valorem rate. However, some countries, particularly developing nations or those with specific trade policies, may apply different rates, potentially including 'Free' or higher rates such as 25% for certain specific substances or origins. Importers should always verify the specific duty rate applicable to their product's origin and destination using the official tariff database of the importing country (e.g., USITC HTSUS, EU TARIC, UK Trade Tariff).

HS 2850.00 specifically covers 'Hydrides, nitrides, azides, silicides and borides, whether or not chemically defined, other than compounds which are also carbides of heading 28.49.' The key classification criteria revolve around the chemical composition and structure of the compound. Importers must accurately identify if the substance is a hydride (compound of hydrogen with another element), nitride (compound of nitrogen with another element), azide, silicide, or boride. Crucially, the exclusion of compounds that are also carbides of heading 28.49 means that if a substance fits both descriptions, it must be classified under 28.49. Accurate chemical identification, often requiring a Certificate of Analysis (CoA) or Safety Data Sheet (SDS), is vital to ensure correct classification and avoid misdeclaration penalties. The WCO Explanatory Notes for Chapter 28 provide detailed guidance on these chemical definitions.

Several major trade agreements can offer preferential duty rates, often reducing the MFN rate to 'Free' or a significantly lower percentage. For example, under the United States-Mexico-Canada Agreement (USMCA), qualifying goods originating from Mexico or Canada would typically enter the U.S. duty-free. Similarly, goods originating from countries with Free Trade Agreements (FTAs) with the EU (e.g., EU-Japan EPA, EU-South Korea FTA) or the UK (e.g., UK-Japan CEPA) may also qualify for preferential treatment. To claim these benefits, importers generally need to provide a Certificate of Origin or an origin declaration (e.g., USMCA Certification of Origin, EUR.1 movement certificate, or an origin declaration on a commercial invoice) demonstrating that the goods meet the specific Rules of Origin criteria outlined in the respective trade agreement. Customs brokers require this documentation to properly declare the goods under the preferential tariff.

Yes, beyond standard commercial invoices, packing lists, and bills of lading/air waybills, importing substances under HS 2850.00 often requires additional documentation related to chemical safety and regulatory compliance. Depending on the specific hydride or nitride, and the importing country's regulations, importers may need to provide:

1. Safety Data Sheets (SDS): Essential for identifying hazards, safe handling, and emergency procedures.
2. Certificates of Analysis (CoA): Verifying the chemical composition, purity, and specifications.
3. Chemical Registration/Notification: Some countries (e.g., under REACH in the EU, TSCA in the US) require registration or notification for new or certain existing chemical substances before they can be imported or placed on the market.
4. Permits/Licenses: For highly hazardous or controlled substances, specific import permits from environmental or chemical regulatory agencies may be mandatory. Importers should consult the relevant national chemical control laws and regulations of the destination country prior to shipment.