HS 290941 Ether-alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives

For products classified under Harmonized System (HS) subheading 2909.41, 'Ether-alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives,' the MFN duty rates vary by importing country. For instance, the United States applies an MFN duty rate of 3.5% ad valorem (Source: USITC Harmonized Tariff Schedule, Chapter 29). The European Union's TARIC database indicates an MFN duty rate of 5.5% ad valorem. The UK Global Tariff also lists a 5.5% ad valorem MFN rate. However, significant preferential duty reductions, including 'Free' status, are available under various trade agreements. In the U.S., for example, products from countries with which the U.S. has Free Trade Agreements (FTAs) such as 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) may enter duty-free, provided all rules of origin requirements are met. Importers should consult the specific country's tariff schedule and the relevant trade agreement's rules of origin to determine eligibility for preferential treatment.

HS subheading 2909.41 specifically covers 'Ether-alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives.' The primary classification criterion is the simultaneous presence of both an ether functional group (-O-) and an alcohol functional group (-OH) within the same molecule. This distinguishes them from simple ethers (HS 2909.11 through 2909.30) which lack an alcohol group, and from simple alcohols (HS 2905) which lack an ether group. Furthermore, this subheading includes derivatives where hydrogen atoms of the ether-alcohol are replaced by halogen (e.g., chlorine, bromine), sulphonic (-SO3H), nitric (-NO2), or nitrosic (-NO) groups. Classification requires a detailed chemical analysis of the molecular structure to confirm the presence and arrangement of these specific functional groups. (Source: WCO Explanatory Notes to Chapter 29).

For imports under HS 2909.41, standard customs documentation includes a commercial invoice, packing list, bill of lading or air waybill, and a certificate of origin. When claiming preferential duty rates under a Free Trade Agreement (FTA), additional documentation is critical. This typically involves a valid Certificate of Origin or an Origin Declaration, which attests that the goods meet the specific rules of origin criteria of the FTA. For example, under the USMCA (United States-Mexico-Canada Agreement), a certification of origin may be completed by the exporter, producer, or importer. Importers must retain all supporting documentation for a specified period (e.g., five years in the U.S.) to substantiate the origin claim, as customs authorities may request verification. Failure to provide adequate documentation can result in the denial of preferential treatment and the assessment of MFN duties, plus potential penalties.

While HS 2909.41 covers a broad range of ether-alcohols and their derivatives, importers must be aware of potential specific trade compliance considerations. Certain chemicals, even if not directly listed as controlled substances, might be precursors or have dual-use applications (civilian and military). For example, some ether-alcohols could potentially be used in the production of controlled substances or chemical weapons, leading to scrutiny under national chemical control regimes (e.g., Chemical Weapons Convention, Wassenaar Arrangement). Importers should verify if their specific product falls under any national export control lists (e.g., U.S. Commerce Control List, EU Dual-Use Regulation) or specific chemical reporting requirements. Additionally, depending on their end-use, these chemicals may be subject to environmental regulations, safety data sheet (SDS) requirements, or specific labeling rules in the importing country.