HS 290611 Cyclanic, cyclenic or cycloterpenic

What products does HS 290611 cover?

This subheading covers menthol, a cycloterpenic alcohol, specifically (-)-menthol, which is a saturated cyclic alcohol derived from terpenes. It is a key organic chemical compound falling under Heading 2906, which encompasses cyclic alcohols and their halogenated, sulfonated, nitrated, or nitrosated derivatives. The WCO Harmonized System Explanatory Notes for Chapter 29, and specifically for Heading 2906, clarify that this heading includes alcohols with a cyclic structure, such as cyclanic, cyclenic, or cycloterpenic alcohols. Menthol, with its characteristic peppermint odor and cooling properties, is widely used in pharmaceuticals, food flavorings, and cosmetics, and its specific chemical structure places it precisely within this classification as per the USITC Harmonized Tariff Schedule and EU TARIC definitions.

What falls outside HS 290611?

The following products are excluded from HS 290611, even if they possess a cyclic structure: phenols and phenol-alcohols of Heading 2907, which are distinguished by having a hydroxyl group directly attached to an aromatic ring. For instance, cyclohexanol, while a cyclanic alcohol, is specifically provided for under HS 2906.12. Additionally, products that are not chemically defined pure organic compounds, such as mixtures or preparations containing menthol but not consisting solely of it, would be classified elsewhere, typically in Chapter 30 (pharmaceuticals), Chapter 33 (essential oils, cosmetics), or Chapter 38 (miscellaneous chemical products), depending on their composition and intended use. Essential oils containing menthol as a component, but not isolated pure menthol, are also excluded and found in Chapter 33.

What are common classification mistakes for HS 290611?

A common error is misclassifying menthol-containing preparations or mixtures as pure menthol under HS 290611. Importers sometimes overlook the requirement that Chapter 29 generally covers separate chemically defined organic compounds. For example, a cough drop containing menthol as an active ingredient, alongside other components like sugar and flavorings, should not be classified under 290611 but rather under Chapter 30 as a medicament or Chapter 17/21 depending on its primary character. This mistake often arises from a failure to apply General Interpretative Rule (GRI) 1, which dictates that classification is determined according to the terms of the headings and any relative section or chapter notes, and GRI 3(b) for mixtures. Another error involves confusing menthol with other cyclic alcohols that have their own specific subheadings, such as cyclohexanol (2906.12).

How should importers classify products under HS 290611?

The correct procedure for classifying products under HS 290611 involves confirming that the product is indeed pure, chemically defined menthol. Importers and customs brokers should first consult the WCO Harmonized System Explanatory Notes for Chapter 29 and Heading 2906 to understand the scope. Next, verify the chemical purity and identity of the substance through laboratory analysis or supplier documentation, such as a Certificate of Analysis (CoA) or Safety Data Sheet (SDS), ensuring it meets the specifications for menthol. If the product is a mixture or preparation, it must be classified according to its primary function or composition, applying the General Interpretative Rules (GRI), particularly GRI 1 and GRI 3(b), to determine the most appropriate heading. Always cross-reference with the specific national tariff schedule (e.g., USITC HTS, EU TARIC, UK Trade Tariff) for any national specificities or binding rulings.