HS 293723 Oestrogens and progestogens

What products does HS 293723 cover?

This subheading covers oestrogens and progestogens, which are steroid hormones primarily involved in the female reproductive system. Specifically, it encompasses chemically defined oestrogens and progestogens, whether or not they are chemically modified, provided they retain their fundamental hormonal structure and function. This classification aligns with the World Customs Organization's Harmonized System Nomenclature, which places these specific hormones under Heading 2937 for "Hormones, prostaglandins, thromboxanes and leukotrienes, natural or reproduced by synthesis; their derivatives and structural analogues, including chain modified polypeptides, used primarily as hormones." Official interpretations from the USITC Harmonized Tariff Schedule and the EU TARIC system confirm this scope, focusing on the distinct chemical identity and biological activity of these compounds.

What falls outside HS 293723?

The following products are excluded from HS 293723: hormones that are not oestrogens or progestogens, such as insulin (typically classified under 2937.1X) or corticosteroids (e.g., hydrocortisone, usually found in 2937.22). Additionally, preparations containing oestrogens or progestogens, but formulated into medicaments for therapeutic or prophylactic uses, are generally excluded from Chapter 29 and instead fall under Chapter 30, specifically Heading 3003 or 3004, depending on whether they are put up in measured doses or for retail sale. For instance, oral contraceptive pills, despite containing oestrogens and progestogens, are classified as medicaments in 3004.39, as they are mixtures prepared for specific therapeutic applications rather than isolated chemical compounds.

What are common classification mistakes for HS 293723?

A common error is misclassifying oestrogen or progestogen-containing medicaments under HS 293723 instead of Chapter 30. Importers often overlook General Rule of Interpretation (GRI) 3(a), which prioritizes headings providing a more specific description. While 293723 covers the pure chemical compounds, a product formulated as a medicament for therapeutic use, even if its active ingredient is an oestrogen or progestogen, is more specifically described by Chapter 30. Another mistake involves confusing synthetic analogues or derivatives that have lost their primary hormonal function with those that retain it, leading to incorrect placement within Chapter 29 or even other chapters if they become, for example, intermediates for other chemical processes.

How should importers classify products under HS 293723?

The correct procedure for classifying products under HS 293723 involves a meticulous review of the product's chemical identity, purity, and intended use. Importers and customs brokers should first confirm that the product is a chemically defined oestrogen or progestogen, or a derivative/analogue that retains its primary hormonal function, as per the WCO Explanatory Notes for Heading 2937. Crucially, they must verify that the product is not a medicament put up in measured doses or for retail sale, which would necessitate classification in Chapter 30. Obtaining a detailed Certificate of Analysis (CoA) and product specifications from the manufacturer is essential to confirm the chemical structure and purity. If uncertainty persists, seeking a binding ruling from the relevant customs authority (e.g., CBP in the US, national customs authorities in the EU) is highly recommended to ensure compliance and avoid potential penalties.