HS 290377 Other, perhalogenated only with fluorine and chlorine
Quick Answer: HS code 2903.77 covers acyclic hydrocarbons perhalogenated exclusively with fluorine and chlorine. These are synthetic organic chemicals, often used as refrigerants, blowing agents, or fire suppressants, and are distinct from those containing bromine or iodine. For example, common products include certain chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs), though many are subject to environmental regulations. Importers should note the varied duty rates: the UK applies a 4.00% ad valorem duty, the EU a 5.50% ad valorem duty, and the US generally levies 3.7%, with many preferential programs offering duty-free entry (e.g., under FTAs) but also a 25% rate for specific origins. Due to environmental protocols like the Montreal Protocol, trade in these substances is highly regulated, requiring careful compliance with import/export licensing and quota systems in addition to standard customs procedures.
What Are the Import Duty Rates?
🇬🇧 United Kingdom
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2903770000 | — | — | — |
| 2903779000 | — | — | — |
| 2903779015 | 4.00 % | — | — |
| 2903779025 | 4.00 % | — | — |
| 2903779035 | 4.00 % | — | — |
🇪🇺 European Union (TARIC)
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2903770000 | — | — | — |
| 2903779030 | 5.50 % | — | — |
| 2903779040 | 5.50 % | — | — |
| 2903779050 | 5.50 % | — | — |
| 2903779060 | 5.50 % | — | — |
🇺🇸 United States (HTSUS)
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2903770010 | — | — | ["kg"] |
| 2903770030 | — | — | ["kg"] |
| 2903770080 | — | — | ["kg"] |
| 29037700 | 3.7% | Free (18 programs) | — |
| 2903770020 | — | — | ["kg"] |
Special rates available under trade agreements including USMCA, KORUS, GSP.
Duty rates sourced from the USITC (US International Trade Commission) Harmonized Tariff Schedule (HTS) (accessed 2/22/2026), EU TARIC – DG TAXUD (Directorate-General for Taxation and Customs Union) (accessed 2/22/2026), and UK Trade Tariff – HMRC (His Majesty's Revenue and Customs) (accessed 2/22/2026).
Data compiled and presented by HSRates.
Which Trade Agreements Reduce Duties for HS 2903.77?
Imports of Other, perhalogenated only with fluorine and chlorine may qualify for reduced or zero duty rates under free trade agreements and preferential programs. The overview below shows available preferential arrangements by jurisdiction, compiled by HSRates from official tariff and trade agreement data.
United States (HTSUS)
Free for USMCA, KORUS, GSP, and 15 other programs
European Union (TARIC)
Preferential rate data not yet available.
United Kingdom
Preferential rate data not yet available.
Preferential rates require proof of origin and may be subject to quotas or conditions. Always verify eligibility with a licensed customs broker.
Data compiled by HSRates.
Which Preferential Rates Apply to Your Origin Country?
Select an origin country to see if preferential rates apply.
Preferential rates based on available trade agreements. Actual rates may vary.
How to Classify This HS Code?
What products does HS 290377 cover?
This subheading covers acyclic hydrocarbons that are perhalogenated exclusively with fluorine and chlorine, meaning every hydrogen atom in the hydrocarbon structure has been replaced by either a fluorine or a chlorine atom. These compounds are often referred to as chlorofluorocarbons (CFCs) or hydrochlorofluorocarbons (HCFCs) if they contain hydrogen, but for 2903.77, the "perhalogenated" qualifier means no hydrogen atoms remain. Examples include trichlorofluoromethane (CFC-11) and dichlorodifluoromethane (CFC-12), which are fully substituted. The WCO Harmonized System Nomenclature and official USITC and EU TARIC definitions confirm this scope, focusing on the complete halogenation by only fluorine and chlorine.
What falls outside HS 290377?
The following products are excluded from HS 290377: acyclic hydrocarbons that contain hydrogen atoms (i.e., not perhalogenated), even if they contain both fluorine and chlorine, as these would typically fall under other subheadings within 2903, such as 2903.71 through 2903.76 depending on their specific halogenation. Furthermore, acyclic hydrocarbons perhalogenated with halogens other than fluorine and chlorine (e.g., bromine or iodine) are also excluded, as are cyclic perhalogenated compounds. For instance, bromochlorodifluoromethane (Halon 1211) is excluded because it contains bromine, and would be classified under 2903.82. Hydrocarbons containing oxygen, nitrogen, or other non-halogen elements are also excluded, as Chapter 29 is structured by functional groups.
What are common classification mistakes for HS 290377?
A common error is misclassifying acyclic hydrocarbons that are not *perhalogenated* but contain both fluorine and chlorine into 290377. For example, 1,1,1,2-tetrafluoroethane (HFC-134a), which contains hydrogen, is often mistakenly considered for this subheading but correctly belongs to 2903.45. Another mistake is including compounds that contain other halogens, such as bromine, alongside fluorine and chlorine, which would fall under 2903.82 or other relevant subheadings. This often stems from a failure to strictly apply the "perhalogenated only with fluorine and chlorine" criterion, which is critical under General Interpretative Rule (GRI) 1, requiring classification according to the terms of the headings and any relative section or chapter notes.
How should importers classify products under HS 290377?
The correct procedure for classifying products under HS 290377 requires a meticulous review of the chemical structure to confirm two key attributes: first, that the compound is an acyclic hydrocarbon; and second, that it is *perhalogenated exclusively with fluorine and chlorine*, meaning every hydrogen atom has been replaced by either fluorine or chlorine, and no other halogens are present. Importers and customs brokers should obtain the precise chemical name, CAS number, and structural formula from the manufacturer. Cross-referencing this information with the WCO Explanatory Notes for Heading 2903 and consulting official tariff databases like the USITC Harmonized Tariff Schedule or EU TARIC is essential to ensure accurate classification and compliance with import regulations and duty rates.
Which HS Codes Are Related?
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FAQ
What is the Most Favored Nation (MFN) import duty rate for products classified under HS 2903.77 in major markets?
The MFN (Most Favored Nation) import duty rates for products classified under HS 2903.77 ('Other, perhalogenated only with fluorine and chlorine') vary by importing country. For instance, the United States applies an MFN duty rate of 3.7% ad valorem. The European Union's TARIC database indicates an MFN duty rate of 5.50% ad valorem. The UK Global Tariff also lists an MFN rate of 5.50% ad valorem. Other countries may have rates such as 4.00% or 25% ad valorem. Importers should always verify the specific MFN rate applicable to their destination country via official customs tariff databases like the USITC Tariff Database, EU TARIC, or the UK Trade Tariff.
Which preferential trade agreements offer duty-free treatment for goods under HS 2903.77, and what are the typical requirements?
Many preferential trade agreements offer duty-free treatment for goods classified under HS 2903.77, provided they meet the respective rules of origin. Examples of countries or agreements that may provide duty-free access include Australia (AU), Bahrain (BH), Chile (CL), Colombia (CO), Israel (IL), Jordan (JO), Korea (KR), Morocco (MA), Oman (OM), Panama (PA), Peru (PE), Singapore (SG), and others under Generalized System of Preferences (GSP) or specific Free Trade Agreements (FTAs). To claim preferential duty rates, importers typically need to provide a valid Certificate of Origin (e.g., a Free Trade Agreement Certificate of Origin or a GSP Form A) issued by the exporting country's authorized body, or a declaration of origin from the exporter, confirming that the goods originate in a party to the agreement. Failure to provide proper documentation will result in the application of the MFN duty rate.
What are the key classification criteria for determining if a chemical falls under HS 2903.77?
HS 2903.77 specifically covers 'Other, perhalogenated only with fluorine and chlorine.' The key classification criteria revolve around the chemical structure:
- Perhalogenated: This means that all hydrogen atoms in the parent hydrocarbon have been replaced by halogen atoms.
- Only with fluorine and chlorine: The perhalogenation must exclusively involve fluorine and chlorine atoms. If other halogens (e.g., bromine, iodine) are present, or if hydrogen atoms remain, the product would be classified elsewhere within Chapter 29, likely under other subheadings of 2903 or other chapters depending on its functional groups. Examples include chlorofluorocarbons (CFCs) that meet these criteria. Importers should consult the Harmonized System Explanatory Notes for Chapter 29 for detailed guidance and specific examples.
Are there any specific documentation requirements or regulatory considerations for importing chemicals under HS 2903.77, beyond standard customs declarations?
Yes, beyond standard customs declarations (e.g., commercial invoice, packing list, bill of lading/air waybill), chemicals classified under HS 2903.77 may be subject to additional regulatory scrutiny due to their environmental impact. Many perhalogenated compounds, particularly certain chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs), are controlled substances under international agreements such as the Montreal Protocol on Substances that Deplete the Ozone Layer. Therefore, importers may be required to obtain specific permits or licenses from environmental protection agencies (e.g., EPA in the US, ECHA in the EU) prior to importation. A Safety Data Sheet (SDS) is almost always required for chemical imports to provide information on hazards, handling, and emergency procedures. Importers should verify national regulations in both the exporting and importing countries for any restrictions, quotas, or special permitting requirements related to ozone-depleting substances or persistent organic pollutants.