HS 285390 Other

The MFN duty rates for HS 2853.90 ('Other inorganic compounds; other compounds of non-metals or of metals, not elsewhere specified or included; amalgams other than of precious metals') can vary significantly by importing country. For instance, the United States applies an MFN (General) duty rate of 4.0% ad valorem. The European Union's TARIC database indicates an MFN duty rate of 4.0% ad valorem. The United Kingdom Global Tariff also lists a 4.0% ad valorem MFN duty. Other countries may have rates such as 2.0%, 2.6%, 2.7%, 4.1%, 5.5%, or even a high 32.5% in certain jurisdictions. Importers must consult the specific tariff schedule of the destination country for the precise MFN duty rate applicable at the time of importation. These rates are subject to change based on national trade policy and WCO recommendations.

Many preferential trade agreements provide duty-free or reduced-rate access for products under HS 2853.90, provided the goods meet the respective Rules of Origin. For example, imports into the United States may qualify for duty-free treatment under agreements with 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). Similarly, the EU's extensive network of Free Trade Agreements (FTAs) and preferential schemes (e.g., GSP) can offer duty reductions or exemptions. Importers should verify the specific agreement, ensure the product meets the origin criteria, and provide the necessary origin documentation (e.g., Certificate of Origin, origin declaration) to claim preferential treatment. Failure to meet origin requirements will result in the application of the MFN duty rate.

HS 2853.90 is a residual or 'basket' heading for 'Other inorganic compounds; other compounds of non-metals or of metals, not elsewhere specified or included; amalgams other than of precious metals.' The primary classification criteria involve a systematic review of Chapters 28 and 29. A product falls under 2853.90 only if it is: 1) an inorganic compound, a compound of non-metals, or a compound of metals; 2) not specifically provided for in any other heading of Chapter 28 (e.g., halides, oxides, sulfates); 3) not an organic compound of Chapter 29; and 4) not excluded by the Chapter Notes of Chapter 28. Examples of products classified here might include certain rare earth metal compounds, specific intermetallic compounds, or novel inorganic materials not elsewhere enumerated. Importers should refer to the Harmonized System Explanatory Notes (HSEN) for Heading 28.53 for further guidance and illustrative examples to ensure correct classification.

While general import documentation such as a commercial invoice, packing list, and bill of lading/air waybill are always required, specific regulatory considerations for HS 2853.90 depend heavily on the chemical nature of the 'other' compound. Importers must determine if the substance is subject to any national chemical control laws (e.g., TSCA in the US, REACH in the EU, UK REACH in the UK). This may necessitate pre-market notification, registration, or specific labeling requirements (e.g., GHS compliant Safety Data Sheets - SDS). Additionally, if the compound is a precursor to controlled substances, or has dual-use potential, additional permits or licenses from agencies like the Department of Commerce (for US imports) or equivalent national authorities may be required. Customs brokers should proactively inquire about the chemical identity and intended use of the product to identify any such specific regulatory hurdles.