HS 291713 Azelaic acid, sebacic acid, their salts and esters

What products does HS 291713 cover?

This subheading covers azelaic acid, sebacic acid, and their respective salts and esters. These are acyclic polycarboxylic acids, specifically dicarboxylic acids, or derivatives thereof. Azelaic acid (nonanedioic acid) is a saturated dicarboxylic acid found naturally in grains, used in polymers and skincare products. Sebacic acid (decanedioic acid) is another dicarboxylic acid, primarily used in the production of polyamides, plasticizers, and lubricants. The WCO Harmonized System Explanatory Notes for Chapter 29 confirm the scope for these specific chemical compounds and their direct derivatives, aligning with the definitions found in the USITC Harmonized Tariff Schedule (HTSUS) and the EU TARIC system for subheading 291713.

What falls outside HS 291713?

The following products are excluded from HS 291713: other acyclic polycarboxylic acids, their salts, and esters not specifically named, which would fall under other subheadings within Heading 2917, such as 291719 for "Other acyclic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives." For instance, adipic acid (hexanedioic acid) and its derivatives, while also dicarboxylic acids, are specifically classified under HS 291712. Additionally, mixtures of these acids with other substances, or prepared formulations where the acids are not in their pure form or as direct salts/esters, may be classified elsewhere depending on their primary function and composition, potentially under Chapter 38 or Chapter 30 if they constitute medicaments.

What are common classification mistakes for HS 291713?

A common error is misclassifying other dicarboxylic acids or their derivatives under HS 291713 simply because they are acyclic polycarboxylic acids. Importers must strictly adhere to the specific chemical names listed: azelaic acid, sebacic acid, and their direct salts and esters. For example, classifying adipic acid or succinic acid under 291713 would be incorrect, as these have their own specific subheadings (291712 and 291719 respectively). Another mistake involves overlooking the "salts and esters" aspect; while the acids themselves are covered, their direct chemical derivatives are also included. Incorrect application of General Interpretative Rule (GRI) 1, which states that classification is determined according to the terms of the headings and any relative section or chapter notes, often leads to these errors, emphasizing the need for precise chemical identification.

How should importers classify products under HS 291713?

The correct procedure for classifying products under HS 291713 involves a precise chemical identification of the imported substance. Importers and customs brokers must first confirm through chemical analysis, safety data sheets (SDS), or certificates of analysis that the product is definitively azelaic acid, sebacic acid, or a specific salt or ester of these two acids. This verification ensures compliance with General Interpretative Rule 1. If the product is a mixture, its classification will depend on the predominant component or function, potentially leading to a different heading or chapter. Always cross-reference with the latest HTSUS (USITC), EU TARIC, or UK Trade Tariff schedules and their respective Explanatory Notes to confirm the exact scope and any relevant legal notes for Chapter 29, ensuring accurate duty assessment and regulatory compliance.