HS 291739 Other

For products classified under Harmonized System (HS) subheading 2917.39, 'Other polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives,' the MFN (Normal Trade Relations) duty rate in the United States, as per the Harmonized Tariff Schedule of the United States (HTSUS), is 6.5% ad valorem. However, significant preferential duty rates are available under various Free Trade Agreements (FTAs) and trade preference programs. For example, imports from countries eligible for Generalized System of Preferences (GSP) benefits (e.g., 'A' or 'A+' program indicators) may enter duty-free. Similarly, products originating from countries party to FTAs such as the USMCA (Mexico, Canada), CAFTA-DR (Central America-Dominican Republic), KORUS (Korea), and others, often qualify for a 'Free' duty rate, provided all rules of origin requirements are met. Importers should consult the HTSUS and relevant FTA texts to confirm specific country eligibility and requirements.

HS 2917.39 is a residual subheading for 'Other' polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids, and their derivatives, not specifically provided for in subheadings 2917.31 through 2917.36 (e.g., phthalic anhydride, terephthalic acid). The primary classification criteria involve identifying the chemical structure: the presence of more than one carboxylic acid functional group (-COOH) or derivatives thereof (anhydrides, halides, peroxides, peroxyacids). It is crucial to confirm that the substance is an 'organic chemical' of defined chemical composition, as per Chapter 29 Notes. If the substance is a mixture, its classification depends on the predominant component or the substance that imparts the essential character. Importers must ensure the chemical name and CAS (Chemical Abstracts Service) number accurately reflect a polycarboxylic acid or its derivative not enumerated elsewhere in the preceding subheadings of 2917.

For goods classified under HS 2917.39, customs authorities typically require standard import documentation, including a commercial invoice, packing list, and bill of lading or air waybill. Crucially, due to the chemical nature of the goods, importers should be prepared to provide detailed chemical information. This often includes a Certificate of Analysis (CoA) or a Safety Data Sheet (SDS) to verify the exact chemical name, purity, and composition. For preferential duty claims (e.g., under an FTA), a Certificate of Origin (or equivalent declaration) is mandatory, attesting that the goods meet the specific rules of origin criteria of the respective agreement. Failure to provide accurate chemical identification or origin documentation can lead to classification disputes, delays, or denial of preferential duty treatment.

Yes, numerous trade agreements offer highly favorable, often 'Free,' duty rates for products under HS 2917.39. Key agreements include the United States-Mexico-Canada Agreement (USMCA), which provides duty-free access for originating goods among the member countries. Similarly, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) for participating countries, and various bilateral FTAs (e.g., with Australia, Chile, Colombia, Israel, Jordan, Korea, Panama, Peru, Singapore) also typically grant duty-free treatment. For sourcing strategies, this means that manufacturers or importers can significantly reduce landed costs by sourcing these polycarboxylic acids and their derivatives from FTA partner countries, provided the goods meet the specific rules of origin. Understanding and leveraging these agreements is critical for competitive pricing and supply chain optimization, requiring careful verification of origin documentation and compliance.