HS 290389 Other

HS 2903.89 covers 'Halogenated derivatives of hydrocarbons; other,' which is a residual category for halogenated hydrocarbons not specifically provided for elsewhere in subheading 2903.8. MFN duty rates can vary significantly by importing country. For example, the United States (USITC) generally applies a 'Free' rate for many items within this subheading under the Harmonized Tariff Schedule of the United States (HTSUS). The EU TARIC database often shows a 5.5% ad valorem rate for many products under this code, while the UK Global Tariff also frequently applies a 5.5% ad valorem rate. However, preferential duty rates, such as 0.00% ad valorem, are often available under various Free Trade Agreements (FTAs) like NAFTA/USMCA, GSP (Generalized System of Preferences), or agreements with specific trading blocs (e.g., EU-Korea FTA). Importers should consult the specific tariff schedule of the importing country and verify the product's eligibility for preferential treatment based on rules of origin.

Classification under HS 2903.89 'Other' is a residual determination. The primary criterion is that the chemical must be a halogenated derivative of a hydrocarbon (meaning it contains carbon, hydrogen, and at least one halogen atom: fluorine, chlorine, bromine, or iodine). Secondly, it must not be specifically provided for in subheadings 2903.1 to 2903.7, nor in 2903.81 (1,2,3,4,5,6-Hexachlorocyclohexane), 2903.82 (Aldrin, chlordane, dieldrin, endrin, heptachlor or mirex), nor 2903.83 (Perfluorooctane sulphonic acid and its salts; perfluorooctane sulphonyl fluoride). This 'other' category captures halogenated hydrocarbons that don't fit the more specific descriptions. Importers should review the chemical structure and ensure no more specific heading or subheading applies first, referencing the Explanatory Notes to Chapter 29 of the Harmonized System.

Beyond standard customs documentation such as a commercial invoice, packing list, and bill of lading/airway bill, importers of chemicals under HS 2903.89 should be prepared to provide a Safety Data Sheet (SDS) or Material Safety Data Sheet (MSDS). This document is crucial for customs and other regulatory agencies to identify the chemical composition, hazards, and handling precautions. A Certificate of Analysis (CoA) may also be requested to confirm the purity and specifications of the chemical. Depending on the specific chemical and the importing country's regulations, additional permits or licenses from environmental protection agencies (e.g., EPA in the US, ECHA in the EU) or chemical control authorities might be necessary, especially if the substance is subject to specific restrictions (e.g., under REACH, TSCA, or international conventions like the Stockholm Convention).

Yes, several trade agreements and preference programs can offer preferential duty treatment for chemicals classified under HS 2903.89, often resulting in a 0.00% ad valorem duty rate. Examples include the United States-Mexico-Canada Agreement (USMCA), which replaced NAFTA; various Free Trade Agreements (FTAs) the EU has with countries like South Korea, Japan, or Canada; and the UK's independent FTAs. Additionally, many developing countries may qualify for duty-free entry under the Generalized System of Preferences (GSP) programs offered by countries like the US, EU, and UK, provided the product meets the program's rules of origin. Importers must ensure that the goods meet the specific Rules of Origin criteria outlined in the respective trade agreement or preference program to claim preferential duties, typically requiring a Certificate of Origin or a self-certification statement.