HS 290373 Dichlorofluoroethanes (HCFC-141, 141b)

The MFN (Most Favored Nation) import duty rates for products classified under HS 2903.73, such as Dichlorofluoroethanes (HCFC-141, 141b), vary by importing country. For example, the United States generally applies a 3.7% ad valorem duty rate. The European Union's TARIC database indicates a common customs duty of 5.50% ad valorem. The UK Global Tariff also lists a 5.50% ad valorem rate. Importers should always consult the specific tariff schedule of the importing country (e.g., USITC Harmonized Tariff Schedule, EU TARIC, UK Trade Tariff) for the most current and precise MFN duty rate applicable at the time of importation.

Yes, preferential duty rates, including duty-free treatment, are available for Dichlorofluoroethanes (HS 2903.73) under various Free Trade Agreements (FTAs) and special trade programs. For imports into the United States, duty-free status ('Free') is often granted for originating goods 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) under their respective FTAs. Similar preferential treatment may exist for other importing countries with their trade partners. To claim preferential duty rates, importers must ensure the goods meet the rules of origin requirements of the specific agreement and provide the necessary documentation, such as a certificate of origin. Customs brokers should verify the eligibility criteria for each specific trade agreement.

HS code 2903.73 specifically covers 'Halogenated derivatives of hydrocarbons' for 'Dichlorofluoroethanes.' The primary classification criterion is the chemical identity of the substance. To ensure correct classification, importers must verify that the product is indeed a dichlorofluoroethane (e.g., HCFC-141 or HCFC-141b) and not another halogenated derivative. This typically requires reviewing the product's chemical name, CAS number, and molecular structure. Importers should obtain a Safety Data Sheet (SDS) or Certificate of Analysis (CoA) from the manufacturer, which clearly identifies the chemical composition. In cases of doubt, a binding tariff information (BTI) ruling from the customs authority of the importing country can provide legal certainty for classification.

Beyond standard import documentation (commercial invoice, packing list, bill of lading/air waybill), Dichlorofluoroethanes (HCFCs) under HS 2903.73 are subject to strict environmental regulations due to their ozone-depleting potential, as governed by the Montreal Protocol. In many countries, including the U.S., EU, and UK, imports require specific permits or licenses issued by environmental protection agencies (e.g., EPA in the U.S.). Importers must typically provide details on the type and quantity of HCFCs, their intended use, and demonstrate compliance with national phase-out schedules. It is crucial to check with the relevant environmental and customs authorities in the importing country well in advance of shipment to understand all specific permitting, reporting, and quota requirements. Failure to comply can result in severe penalties, including seizure of goods.

Importers of Dichlorofluoroethanes (HCFC-141b) under HS 2903.73 should be aware that anti-dumping (AD) or countervailing duties (CVD) can be imposed on specific products from certain countries if they are found to be unfairly traded. For example, the United States has previously had AD/CVD orders in place for HCFC-141b from specific countries. While these duties can change or expire, it is imperative for importers to regularly check the official trade remedy databases of the importing country (e.g., U.S. Department of Commerce, EU Official Journal, UK Trade Remedies Authority) to determine if any AD/CVD orders are currently active for HCFC-141b originating from their specific supplier country. These duties are in addition to standard MFN or preferential duties and can significantly impact the landed cost.