HS 290394 Hexabromobiphenyls
Quick Answer: HS Code 290394 specifically covers Hexabromobiphenyls, a group of brominated organic compounds. These substances are primarily known for their historical use as flame retardants, although their production and use are now heavily restricted or banned globally due to their persistent organic pollutant (POP) characteristics and toxicity. For importers and exporters, understanding these restrictions is paramount. Current Most Favoured Nation (MFN) duty rates vary: the UK applies a 4.00% ad valorem rate, while the EU imposes 5.50%. In the United States, the MFN rate is 5.5% ad valorem, with significant preferential duty treatment (Free) available under various trade agreements (e.g., A+, AU, BH, CL, CO, etc.). However, the primary trade consideration for Hexabromobiphenyls is compliance with international environmental conventions like the Stockholm Convention, which severely restricts or prohibits their trade and use. Customs brokers must verify import/export licenses and compliance with national environmental regulations.
What Are the Import Duty Rates?
🇬🇧 United Kingdom
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2903940000 | 4.00 % | — | — |
🇪🇺 European Union (TARIC)
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2903940000 | 5.50 % | — | — |
🇺🇸 United States (HTSUS)
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2903940000 | 5.5% | Free (18 programs) | ["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 2903.94?
Imports of Hexabromobiphenyls 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, and 16 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 Has Trade Volume Developed?
How to Classify This HS Code?
What products does HS 290394 cover?
This subheading covers hexabromobiphenyls, which are specific halogenated derivatives of hydrocarbons falling under Chapter 29 of the Harmonized System. As defined by the World Customs Organization (WCO) Harmonized System Nomenclature and reflected in the USITC Harmonized Tariff Schedule of the United States (HTSUS) and the EU TARIC, this code precisely identifies chemical compounds where six bromine atoms are attached to a biphenyl structure. These are distinct organic chemicals, often used in industrial applications, and their classification here is based on their specific chemical structure and composition as a polybrominated biphenyl (PBB).
What falls outside HS 290394?
The following products are excluded from HS 290394: other brominated biphenyls with a different number of bromine atoms, such as tetrabromobiphenyls or decabromobiphenyls, which would be classified under other specific subheadings within 2903. Furthermore, mixtures containing hexabromobiphenyls but where the hexabromobiphenyl is not the predominant component or where the mixture forms a preparation for a specific use (e.g., a fire retardant formulation) might be classified elsewhere, potentially in Chapter 38 if they are preparations not elsewhere specified or included. Unbrominated biphenyls (diphenyl) would fall under 2902.90.
What are common classification mistakes for HS 290394?
A common error is misclassifying other polybrominated biphenyls (PBBs) with a different degree of bromination under 290394, rather than their specific subheadings. For instance, pentabromobiphenyls or octabromobiphenyls are distinct chemical compounds and do not belong here. Another mistake involves classifying mixtures or preparations containing hexabromobiphenyls, where the hexabromobiphenyl is not the sole or principal constituent, directly under this code. Such mixtures should be classified according to General Interpretative Rule (GRI) 3(b) or 3(c), or potentially in Chapter 38 if they constitute a specific preparation, rather than as a pure chemical compound.
How should importers classify products under HS 290394?
The correct procedure for classifying products under HS 290394 requires a precise understanding of the chemical's molecular structure. Importers and customs brokers must verify that the product is indeed hexabromobiphenyl, meaning it possesses exactly six bromine atoms attached to a biphenyl core. This often necessitates reviewing the Certificate of Analysis (CoA) or Safety Data Sheet (SDS) provided by the manufacturer, which should clearly state the chemical name and CAS number (e.g., CAS 36355-01-8 for hexabromobiphenyl). If the product is a mixture, the classification must consider the predominant component or the function of the preparation, applying the General Interpretative Rules (GRI) accordingly, especially GRI 1 and GRI 6 for subheading determination.
Which HS Codes Are Related?
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FAQ
What is the Most Favored Nation (MFN) import duty rate for Hexabromobiphenyls (HS 290394) in key markets, and are there any significant variations?
The MFN (Most Favored Nation) import duty rate for Hexabromobiphenyls (HS 290394) varies by importing country. For example, the United States applies a rate of 4.00% ad valorem under the Harmonized Tariff Schedule of the United States (HTSUS) General column 1. The European Union's TARIC database indicates a conventional duty rate of 5.50% ad valorem. The UK Global Tariff also lists a 5.5% ad valorem duty. It is crucial for importers to verify the specific MFN rate applicable to their destination country using official tariff schedules such as the USITC HTSUS, EU TARIC, or the UK Trade Tariff, as these rates are subject to change.
Which preferential trade agreements offer duty-free treatment for Hexabromobiphenyls (HS 290394) when imported into the United States?
For imports into the United States, Hexabromobiphenyls (HS 290394) can qualify for duty-free treatment under several preferential trade agreements and programs, provided all rules of origin and other requirements are met. These include agreements with 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). Additionally, programs such as the Generalized System of Preferences (GSP) for eligible developing countries (indicated by 'A+' or 'A' for certain products), the African Growth and Opportunity Act (AGOA) (D), and the Caribbean Basin Economic Recovery Act (CBERA) (E) may also offer duty-free entry. Importers must ensure they have the necessary documentation, such as a certificate of origin, to claim these preferential rates.
What are the key classification criteria for Hexabromobiphenyls under HS 290394, and what distinguishes it from other halogenated derivatives of hydrocarbons?
Hexabromobiphenyls are classified under HS 2903.94.00 as 'Halogenated derivatives of hydrocarbons: Other: Hexabromobiphenyls'. The primary classification criterion is its specific chemical structure: a biphenyl molecule with six bromine atoms attached. This specificity distinguishes it from other halogenated derivatives of hydrocarbons, which are classified based on the type of hydrocarbon (e.g., acyclic, cyclic, aromatic) and the halogenation (e.g., fluorinated, chlorinated, brominated, iodinated). HS 2903.94 is a highly specific subheading, meaning that any product matching the chemical definition of hexabromobiphenyls will fall here, rather than in more general 'other' categories within Chapter 29. Importers should ensure their product's chemical name and CAS (Chemical Abstracts Service) number align with this specific description.
Are there any specific documentation requirements or regulatory considerations for importing Hexabromobiphenyls (HS 290394), given its potential environmental concerns?
Yes, due to the environmental and health concerns associated with brominated flame retardants like Hexabromobiphenyls, importers may face specific documentation requirements and regulatory scrutiny beyond standard customs declarations. Hexabromobiphenyls are listed under the Stockholm Convention on Persistent Organic Pollutants (POPs), which restricts or prohibits their production, use, and import/export globally. Importers should be prepared to provide detailed chemical analyses, safety data sheets (SDS), and potentially obtain import permits or licenses from environmental protection agencies (e.g., EPA in the US, ECHA in the EU) in the destination country. It is critical to verify compliance with national chemical control laws (e.g., TSCA in the US, REACH in the EU) prior to import, as non-compliance can result in significant penalties, seizure of goods, or refusal of entry. Customs brokers should proactively inquire about these specific regulatory requirements with the importer.