HS 291712 Adipic acid, its salts and esters

What products does HS 291712 cover?

This subheading covers adipic acid, which is a dicarboxylic acid with the chemical formula (CH₂)₄(COOH)₂. It also encompasses the various salts and esters derived from adipic acid. According to the Harmonized System Nomenclature, specifically Chapter 29, Heading 2917 covers polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids, and their halogenated, sulfonated, nitrated, or nitrosated derivatives. HS 291712 specifically isolates adipic acid, its salts, and its esters, distinguishing them from other acyclic polycarboxylic acids. This aligns with definitions provided by the US International Trade Commission (USITC) Harmonized Tariff Schedule (HTS) and the EU TARIC system, ensuring consistent global classification for these specific chemical compounds.

What falls outside HS 291712?

The following products are excluded from HS 291712: other acyclic polycarboxylic acids, their salts, and esters that are not adipic acid derivatives. For example, azelaic acid (nonanedioic acid) and sebacic acid (decanedioic acid), while also dicarboxylic acids, are classified under other subheadings within Heading 2917, such as 291719 ("Other acyclic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives"). Similarly, polymers where adipic acid is a monomer, such as certain polyamides (e.g., nylon 6,6) or polyesters, are classified under Chapter 39, as they are no longer primary chemical compounds but rather polymeric materials. Mixtures containing adipic acid but formulated for specific end-uses, and not merely as the chemical itself, might also fall outside this subheading depending on their composition and primary function.

What are common classification mistakes for HS 291712?

A common error is misclassifying other dicarboxylic acids or their derivatives as adipic acid, its salts, or esters due to similar chemical structures or industrial applications. Importers might incorrectly apply HS 291712 to compounds like succinic acid or glutaric acid, which are distinct chemicals and are classified under HS 291719. Another frequent mistake involves classifying polymeric materials that incorporate adipic acid as a monomer under this subheading, rather than under Chapter 39. This contravenes General Interpretative Rule (GRI) 3(b), which prioritizes the material or component that gives the goods their essential character, and GRI 6, which states that classification of goods in the subheadings of a heading shall be determined according to the terms of those subheadings and any relative subheading notes. Always verify the precise chemical identity and not just the functional group.

How should importers classify products under HS 291712?

The correct procedure for classifying products under HS 291712 involves a thorough review of the chemical identity of the substance. Importers and customs brokers should obtain the Chemical Abstracts Service (CAS) number, chemical name, and molecular structure to confirm it is indeed adipic acid, one of its salts, or one of its esters. This information should be cross-referenced with the WCO Harmonized System Explanatory Notes for Chapter 29 and Heading 2917, as well as official tariff schedules like the USITC HTS or EU TARIC. If there is any doubt, a binding ruling request should be submitted to the relevant customs authority (e.g., U.S. Customs and Border Protection or HMRC) to ensure legal certainty and avoid potential penalties for misclassification. Always ensure documentation clearly identifies the specific chemical compound being imported.