HS 292241 Amino-acids, other than those containing more than one kind of oxygen function, and their esters; salts thereof

For products classified under Harmonized System (HS) subheading 2922.41, which covers 'Amino-acids, other than those containing more than one kind of oxygen function, and their esters; salts thereof,' the MFN (Normal Trade Relations) duty rate in the United States is 3.7% ad valorem, as per the Harmonized Tariff Schedule of the United States (HTSUS). However, significant preferential duty treatment is available under various free trade agreements and special programs. Products originating from countries eligible for programs such as the Generalized System of Preferences (GSP) or specific Free Trade Agreements (FTAs) often qualify for a 'Free' (0.00%) duty rate. This includes imports from countries designated with preference indicators such as A*, AU, BH, CL, CO, D, E, IL, JO, K, KR, MA, OM, P, PA, PE, S, SG. Importers should verify the specific country of origin and applicable trade agreement to claim these preferential rates, ensuring all rules of origin requirements are met.

HS subheading 2922.41 specifically covers 'Amino-acids, other than those containing more than one kind of oxygen function, and their esters; salts thereof.' The critical classification criterion here is the phrase 'other than those containing more than one kind of oxygen function.' This means that amino acids with a single type of oxygen function (e.g., only carboxylic acid groups, or only hydroxyl groups, in addition to the amino and carboxyl groups inherent to amino acids) would fall here. Amino acids that possess multiple different kinds of oxygen functions (e.g., both a hydroxyl group and a ketone group, in addition to the primary amino and carboxyl groups) would typically be excluded and classified elsewhere, often in other subheadings within Chapter 29 depending on their specific chemical structure. For instance, glutamic acid and its salts are specifically provided for under 2922.42, and lysine and its esters; salts thereof under 2922.41. Importers must refer to the chemical structure and functional groups present to ensure correct classification, consulting the Explanatory Notes to the Harmonized System for detailed guidance.

To claim preferential duty rates for products under HS 2922.41 imported into the United States under an FTA, importers must provide specific documentation demonstrating the product's origin. This typically includes a Certificate of Origin or an equivalent declaration, which may be issued by the exporter, producer, or, in some cases, the importer. The specific requirements vary by FTA (e.g., USMCA, KORUS, CAFTA-DR). Key information on the certificate generally includes: identification of the exporter and importer, a description of the goods, the HS classification, and a statement confirming that the goods meet the applicable rules of origin. Customs authorities may also request supporting documentation such as bills of material, production records, and cost data to verify the origin claim. Failure to provide accurate and complete documentation can result in denial of preferential treatment and potential penalties.

Yes, both the European Union (EU) and the United Kingdom (UK) offer preferential duty rates, including 0.00% (Free), for products classified under HS 2922.41 under various trade agreements and autonomous tariff preferences. For the EU, importers should consult the TARIC database. Preferential rates are often available under agreements with countries such as those in the Generalised Scheme of Preferences (GSP), Economic Partnership Agreements (EPAs), and Free Trade Agreements (FTAs) with countries like Japan, South Korea, Canada, and others. Similarly, for the UK, the UK Trade Tariff specifies preferential rates under its independent trade agreements and the UK GSP scheme. Importers must ensure that the goods meet the specific rules of origin criteria outlined in the respective agreement or scheme to qualify for the 0.00% duty rate. Verification through a valid proof of origin (e.g., EUR.1 certificate, origin declaration, or invoice declaration) is essential.

While the standard MFN duty rate for HS 2922.41 in the U.S. is 3.7%, imports from certain countries, notably China, may be subject to additional duties under Section 301 of the Trade Act of 1974. Currently, many products originating from China are subject to an additional 25% ad valorem duty under these measures, significantly increasing the total import cost. Importers should consult the latest U.S. Trade Representative (USTR) notices and the HTSUS Chapter 99 to determine if their specific product under HS 2922.41, when sourced from China, is included in the Section 301 tariff lists. These additional duties are applied on top of the MFN rate, unless an exclusion applies. It is crucial for importers to stay updated on any changes to these tariffs, including potential exclusions or modifications, as they can substantially impact landed costs and supply chain strategies.