HS 290349 Other

What products does HS 290349 cover?

This subheading covers other halogenated derivatives of acyclic hydrocarbons, specifically those not elsewhere specified within subheading 2903.4. This includes a diverse range of organic chemical compounds containing halogens (fluorine, chlorine, bromine, iodine) attached to an acyclic hydrocarbon structure, provided they are not specifically enumerated in more granular subheadings such as 2903.41 (Chlorodifluoromethane), 2903.42 (Dichlorotetrafluoroethanes and Chloropentafluoroethane), 2903.43 (Bromochlorodifluoromethane, Bromotrifluoromethane and Dibromotetrafluoroethanes), 2903.44 (Other derivatives perfluorinated only with fluorine and chlorine), 2903.45 (Other derivatives perfluorinated only with fluorine and bromine), 2903.46 (Other derivatives perfluorinated only with fluorine, chlorine and bromine), 2903.47 (Other perhalogenated derivatives), or 2903.48 (Other derivatives of methane, ethane or propane, halogenated only with fluorine and chlorine). The WCO Harmonized System Explanatory Notes and the USITC Harmonized Tariff Schedule (HTS) and EU TARIC provide the authoritative scope, encompassing any remaining acyclic halogenated derivatives that fit the general description of Heading 2903 but lack a more specific classification.

What falls outside HS 290349?

The following products are excluded from HS 290349: specifically enumerated halogenated derivatives of acyclic hydrocarbons found in more specific subheadings within 2903.4, such as Chlorodifluoromethane (2903.41) or Dichlorotetrafluoroethanes (2903.42). Furthermore, cyclic halogenated hydrocarbons are excluded, as Heading 2903 is strictly for acyclic compounds; these would typically fall under Heading 2903.8 or 2903.9 depending on their structure. Mixtures of halogenated derivatives are also generally excluded if they constitute preparations of Chapter 38, unless they are unmixed products or mixtures of isomers. For instance, a pure chemical compound like 1,1,1-Trichloroethane would be classified under 2903.19, not 2903.49, as it is a saturated chlorinated derivative.

What are common classification mistakes for HS 290349?

A common error is misclassifying specifically enumerated halogenated derivatives into 290349, which is intended as a residual "other" category for acyclic halogenated hydrocarbons not covered by more specific subheadings within 2903.4. Importers sometimes overlook the detailed breakdown provided by the six-digit and eight-digit subheadings, leading to incorrect use of this residual code. Another frequent mistake involves classifying cyclic halogenated compounds here, despite Heading 2903 explicitly covering only acyclic derivatives. This often stems from a failure to apply General Interpretative Rule (GRI) 1, which dictates classification according to the terms of the headings and any relative section or chapter notes. Additionally, misinterpreting the "perhalogenated" criteria for subheadings 2903.44 through 2903.47 can lead to incorrect placement in 2903.49, when a more specific perhalogenated code might apply.

How should importers classify products under HS 290349?

The correct procedure for classifying products under HS 290349 involves a systematic review of the chemical structure and composition. Importers and customs brokers must first confirm that the product is an acyclic hydrocarbon derivative and that it contains halogen atoms. Next, they must meticulously review all more specific subheadings within 2903.4 (e.g., 2903.41 through 2903.48) to ensure the product is not explicitly covered elsewhere. This requires consulting the WCO Harmonized System Explanatory Notes, the USITC Harmonized Tariff Schedule, and the EU TARIC system for precise definitions and scope. If, and only if, the product is an acyclic halogenated derivative and does not fit any other more specific subheading within 2903.4, then classification under 290349 is appropriate. Always retain detailed chemical documentation, such as Certificates of Analysis (CoA) or Safety Data Sheets (SDS), to support the classification decision and facilitate customs clearance.