HS 290811 Derivatives containing only halogen substituents and their salts
Quick Answer: HS code 2908.11 covers phenol derivatives where all hydrogen atoms have been replaced solely by halogen atoms (fluorine, chlorine, bromine, iodine), and their corresponding salts. This includes compounds like pentachlorophenol and its sodium salt, primarily used as fungicides, herbicides, or chemical intermediates. Importers and customs brokers should note the varying duty rates: the UK applies a 4.00% ad valorem duty, the EU a 5.50% ad valorem duty, and the US a 5.5% ad valorem rate, with potential for duty-free entry under various Free Trade Agreements (e.g., A, AU, CL, KR). Additionally, the US imposes a compound duty of 15.4¢/kg + 40% for non-preferential trade. Accurate classification is crucial to leverage preferential trade agreements and ensure compliance.
What Are the Import Duty Rates?
🇬🇧 United Kingdom
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2908110000 | 4.00 % | — | — |
🇪🇺 European Union (TARIC)
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2908110000 | 5.50 % | — | — |
🇺🇸 United States (HTSUS)
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 2908110000 | 5.5% | Free (17 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 2908.11?
Imports of Derivatives containing only halogen substituents and their salts 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 14 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?
Trade Volume 2023
How to Classify This HS Code?
What products does HS 290811 cover?
This subheading covers derivatives of phenols or phenol-alcohols that contain only halogen substituents and their corresponding salts. Specifically, it refers to compounds where hydrogen atoms on the aromatic ring or side chain have been replaced exclusively by fluorine, chlorine, bromine, or iodine atoms. The WCO Harmonized System Nomenclature for Chapter 29, Heading 2908, explicitly defines this scope, further elaborated by the USITC Harmonized Tariff Schedule (HTSUS) and the EU TARIC system, ensuring consistent international application for these specific halogenated organic compounds, provided no other functional groups are present beyond the phenolic hydroxyl and halogen atoms.
What falls outside HS 290811?
The following products are excluded from HS 290811: derivatives of phenols or phenol-alcohols containing any substituent other than halogens, such as nitro groups, sulfo groups, or carboxyl groups, even if halogens are also present. For instance, chloronitrophenols would be classified under 2908.91 (derivatives containing only nitro or sulfo groups and their salts) or 2908.99 (other derivatives), depending on the specific combination. Similarly, compounds where the halogen is part of a non-aromatic ring or an aliphatic chain not directly attached to the phenolic structure, or where the phenolic character is secondary to another principal function, would also be excluded from this specific subheading.
What are common classification mistakes for HS 290811?
A common error is misclassifying halogenated phenols that also contain other functional groups under HS 290811. Importers often overlook the crucial "containing only halogen substituents" criterion, leading to incorrect assignments. For example, a product like 4-chloro-3-methylphenol, which contains a methyl group in addition to a halogen, should not be classified here but rather under 2908.99. This mistake often stems from insufficient attention to the precise wording of the subheading and a failure to apply General Interpretative Rule (GRI) 1, which mandates classification according to the terms of the headings and any relative section or chapter notes, ensuring that all specified conditions are met.
How should importers classify products under HS 290811?
The correct procedure for classifying products under HS 290811 involves a meticulous review of the chemical structure to confirm the presence of a phenol or phenol-alcohol derivative and, critically, to verify that *only* halogen substituents are present, alongside the phenolic hydroxyl group. Importers and customs brokers should obtain a detailed Certificate of Analysis or chemical structure diagram from the manufacturer. This documentation should be cross-referenced with the WCO Explanatory Notes for Chapter 29, Heading 2908, and the specific definitions provided in the HTSUS or TARIC. Any ambiguity requires consultation with a qualified customs expert or a binding ruling request to the relevant customs authority to ensure compliance and avoid potential penalties.
Which HS Codes Are Related?
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FAQ
What are the typical Most Favored Nation (MFN) duty rates for products classified under HS 2908.11 and how can I determine preferential rates?
For products classified under HS 2908.11, 'Derivatives containing only halogen substituents and their salts,' MFN duty rates can vary significantly by importing country. For example, the United States Harmonized Tariff Schedule (HTSUS) may list a General MFN duty rate of 4.0% ad valorem. The European Union's TARIC database might show a Third Country duty rate of 5.5% ad valorem. The UK Global Tariff (UKGT) could also apply a 5.5% ad valorem rate. Importers should always consult the specific tariff schedule of the importing country for the precise MFN rate. To determine eligibility for preferential rates, such as 'Free' under various Free Trade Agreements (FTAs) (e.g., A, AU, BH, CL, CO, D, E, IL, JO, KR, MA, OM, P, PA, PE, S, SG for the US), importers must verify the product's origin and ensure compliance with the specific Rules of Origin criteria outlined in the respective trade agreement. Proper documentation, such as a Certificate of Origin, is essential to claim these preferential rates.
What are the key classification criteria for determining if a chemical compound falls under HS 2908.11?
HS 2908.11 specifically covers 'Derivatives containing only halogen substituents and their salts.' The primary classification criteria, as per the Harmonized System Explanatory Notes (HSENs) for Chapter 29, revolve around the chemical structure of the organic compound. For a substance to be classified here, it must be a derivative of phenols or phenol-alcohols, where the only non-hydrogen substituents are halogens (fluorine, chlorine, bromine, iodine). This means the compound should not contain other functional groups such as nitro, sulfo, nitroso, or sulfonyl groups, nor should it be an ether, peroxide, ketone, or aldehyde derivative, unless such groups are part of the basic phenol or phenol-alcohol structure and the only additional substituents are halogens. The presence of salts of these halogenated derivatives is also included. Importers should have a detailed chemical analysis or specification sheet to confirm the exact chemical structure and substituents.
Are there any specific documentation requirements or certifications needed for importing chemicals under HS 2908.11?
Beyond standard import documentation such as the commercial invoice, packing list, and bill of lading/air waybill, importers of chemicals under HS 2908.11 may face additional requirements depending on the importing country and the specific chemical. While not universally mandated for all substances in this heading, common requirements can include: a Safety Data Sheet (SDS) or Material Safety Data Sheet (MSDS) for hazard communication, a Certificate of Analysis (CoA) to confirm chemical purity and composition, and potentially permits or licenses from environmental or chemical regulatory agencies (e.g., EPA in the US, ECHA in the EU) if the substance is subject to specific controls (e.g., under TSCA, REACH). For claiming preferential duty rates, a valid Certificate of Origin is mandatory. Importers should consult the relevant national chemical control regulations and customs authorities of the importing country well in advance of shipment.
How do major trade agreements, such as the USMCA or EU-Japan EPA, typically impact the duty rates for products under HS 2908.11?
Major trade agreements frequently provide preferential duty treatment, often reducing or eliminating MFN tariffs for eligible goods. For HS 2908.11, agreements like the US-Mexico-Canada Agreement (USMCA), the EU-Japan Economic Partnership Agreement (EPA), or the UK-Australia Free Trade Agreement (FTA) can significantly lower import costs. For instance, under many FTAs, products classified under HS 2908.11 that meet the specific Rules of Origin criteria of the agreement may be eligible for a 'Free' duty rate. This means that instead of paying the MFN rate (e.g., 4.0% in the US or 5.5% in the EU), the importer pays 0% duty. Importers must ensure their product qualifies as an originating good under the specific agreement's rules, which often involve criteria related to where the product was wholly obtained or underwent substantial transformation. A valid declaration or certificate of origin is crucial for claiming these benefits.