HS 291639 Other

The Most Favored Nation (MFN) import duty rate for products under HS 2916.39 'Other' (referring to acyclic carboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their halogenated, sulphonated, nitrated or nitrosated derivatives, specifically 'Other' unsaturated monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives) typically ranges. For example, the general MFN duty rate in the United States is 6.5% ad valorem (USITC Harmonized Tariff Schedule, Chapter 29, Subheading 2916.39.00). In the European Union, the MFN duty rate is 6.5% ad valorem (EU TARIC, Heading 2916 39 00 00). The United Kingdom Global Tariff also lists 6.5% ad valorem for this subheading (UK Trade Tariff, 2916 39 00 00). Preferential duty rates can significantly reduce or eliminate these duties. For instance, under various Free Trade Agreements (FTAs) with the U.S., imports from countries 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 be 'Free' of duty, provided all rules of origin requirements are met. Importers should consult the specific FTA text and their national customs authority's guidance (e.g., US Customs and Border Protection, HMRC, or national customs websites) to confirm eligibility and documentation for preferential treatment.

HS 2916.39 is a residual subheading for 'Other' unsaturated monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids, and their halogenated, sulphonated, nitrated, or nitrosated derivatives, not elsewhere specified within HS 2916. The primary classification criteria, as per the Harmonized System Explanatory Notes (HSEN) for Chapter 29 and Heading 2916, require the product to be: 1. An organic chemical compound. 2. Specifically an acyclic carboxylic acid or a derivative thereof (anhydride, halide, peroxide, peroxyacid). 3. Containing one or more carbon-carbon double or triple bonds (unsaturated). 4. Possessing only one carboxylic acid group (-COOH) if it is an acid (monocarboxylic). 5. Not specifically provided for in other subheadings of 2916 (e.g., acrylic acid, methacrylic acid, oleic acid, linoleic acid, etc.). If a chemical meets these criteria but is not explicitly named in subheadings 2916.11 through 2916.38, it would default to 2916.39. Importers should have a detailed chemical analysis, CAS number, and structural formula available to support classification.

Beyond standard customs documentation such as the commercial invoice, packing list, and bill of lading/air waybill, importing chemicals under HS 2916.39 may necessitate additional regulatory documentation. For many chemical substances, a Safety Data Sheet (SDS), formerly Material Safety Data Sheet (MSDS), is crucial. The SDS provides essential information on the chemical's properties, hazards, and safe handling, which may be required by customs or other regulatory agencies (e.g., EPA in the U.S., ECHA in the EU) for risk assessment and compliance. Depending on the specific chemical and its end-use, importers might also need to provide: 1. Certificates of Analysis (CoA) to confirm purity and composition. 2. Pre-manufacture notices or import certifications if the substance is new to the market or subject to specific chemical control regulations (e.g., TSCA in the U.S., REACH in the EU). 3. Permits or licenses if the chemical is controlled or restricted. Importers should verify all national and regional chemical import regulations applicable to their specific product and destination country well in advance of shipment.

Major trade agreements significantly impact the import of products under HS 2916.39 by offering preferential duty treatment, typically duty-free access, provided the goods meet the agreement's rules of origin. For example, under the United States-Mexico-Canada Agreement (USMCA), products classified under HS 2916.39 originating from Mexico or Canada would generally be eligible for duty-free entry into the U.S., assuming they satisfy the specific rules of origin for that tariff line. This often involves criteria such as 'wholly obtained' or specific 'tariff shift' rules, where non-originating materials undergo a change in tariff classification within the FTA territory. Similarly, the EU-Japan Economic Partnership Agreement (EPA) would allow for duty-free import of HS 2916.39 products between the EU and Japan, provided they meet the origin requirements outlined in the agreement. Importers must ensure they have a valid Certificate of Origin or Origin Declaration to claim preferential treatment, and they should be prepared to provide supporting documentation to customs authorities upon request to substantiate the origin claim. Failure to meet origin requirements or provide proper documentation will result in the application of the MFN duty rate.