HS 290371 Halogenated derivatives of acyclic hydrocarbons containing two or more different halogens

The standard Most Favored Nation (MFN) import duty rates for products classified under HS 2903.71, 'Halogenated derivatives of acyclic hydrocarbons containing two or more different halogens,' typically range. For example, the United States imposes a General duty rate of 4.0% ad valorem on goods from non-preferential countries. The European Union's TARIC database indicates a standard third-country duty rate of 5.50% ad valorem. The UK Global Tariff also lists a 5.50% ad valorem rate for MFN imports. However, significant duty reductions or eliminations are available under various free trade agreements (FTAs). For instance, imports into the US from countries such as 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) may qualify for a 'Free' duty rate under respective FTAs (e.g., US-Australia FTA, KORUS FTA). Importers should consult the specific trade agreement and provide appropriate certificates of origin (e.g., a Free Trade Agreement Certificate of Origin) to claim these preferential rates. Goods from certain countries may also face higher duties, such as the 25% ad valorem rate applied to goods from countries subject to specific Section 301 tariffs in the US, if applicable to this product category.

HS 2903.71 specifically covers 'Halogenated derivatives of acyclic hydrocarbons containing two or more different halogens.' The critical classification criteria are: 1) Acyclic Hydrocarbon Base: The parent hydrocarbon structure must be acyclic (open-chain), not cyclic or aromatic. 2) Halogenation: The compound must contain halogen atoms (Fluorine, Chlorine, Bromine, Iodine) substituted onto the acyclic hydrocarbon. 3) Multiple Different Halogens: Crucially, the compound must contain at least two different types of halogen atoms. For example, a compound containing both chlorine and fluorine (e.g., chlorofluorocarbons like HCFC-225cb) would classify here, whereas a compound containing only chlorine (e.g., carbon tetrachloride, CCl4) would fall under HS 2903.14. This distinction is vital for accurate classification, as compounds with only one type of halogen are classified in other subheadings within HS 2903 (e.g., 2903.1 to 2903.6). Importers should ensure their product's chemical name and CAS number clearly indicate the presence of two or more distinct halogens on an acyclic backbone.

Beyond standard customs documentation such as the commercial invoice, packing list, and bill of lading/air waybill, imports under HS 2903.71 may require additional documentation due to their chemical nature and potential environmental impact. For instance, in the United States, these substances may be subject to regulations under the Toxic Substances Control Act (TSCA), requiring a TSCA certification statement (positive or negative) on the entry summary. If the substance is an ozone-depleting substance (ODS) or a substitute for an ODS, it may be subject to reporting and permitting requirements by the Environmental Protection Agency (EPA) under the Clean Air Act. Similarly, the EU's REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) regulation may require pre-registration or registration for imported quantities exceeding certain thresholds. Importers should also be prepared to provide a Safety Data Sheet (SDS) for the product, which details its chemical composition, hazards, and safe handling procedures. It is advisable to consult with a customs broker or regulatory specialist to ensure compliance with all applicable chemical control laws in the importing country.

Yes, numerous free trade agreements (FTAs) and special trade programs significantly impact the import duties for HS 2903.71. For example, the United States has FTAs with countries like Australia, Bahrain, Chile, Colombia, Israel, Jordan, Korea, Morocco, Oman, Panama, Peru, and Singapore, which typically grant duty-free access for goods originating from these partners. Similarly, the European Union has a vast network of FTAs (e.g., with Canada, Japan, South Korea, Mercosur) that can provide preferential duty rates, often 'Free,' for qualifying goods. The UK also maintains its own independent trade agreements post-Brexit. To claim these preferential rates, importers must ensure the goods meet the specific rules of origin outlined in the respective agreement and possess the necessary proof of origin, such as a Certificate of Origin (e.g., EUR.1, GSP Form A, or a self-certification by the exporter). Additionally, certain developing countries may benefit from Generalized System of Preferences (GSP) programs offered by developed nations, potentially allowing for duty-free entry, though the product's eligibility and country's GSP status must be verified.