HS 380861 Goods specified in subheading note 2 to this chapter
Quick Answer: Goods specified in subheading note 2 to chapter 3808 enter the UK at 6.00%, the EU at 6.00%, and the US with varied rates including Free, 15.4¢/kg + 31%, and 6.5%. This HS code, 380861, specifically covers insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, treated paper, wicks and candles, and fly-papers) of heading 3808. Importers should consult specific trade agreements and the latest tariff schedules for precise duty application, as rates can vary significantly based on origin and product form. According to CustomTariffs data, understanding these nuances is crucial for accurate customs declarations.
What Are the Import Duty Rates?
🇬🇧 United Kingdom
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 3808610000 | 6.00 % | — | — |
🇪🇺 European Union (TARIC)
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 3808610000 | 6.00 % | — | — |
🇺🇸 United States (HTSUS)
| Code | MFN | Preferential | Unit |
|---|---|---|---|
| 3808611000 | 6.5% | Free (17 programs) | ["kg"] |
| 380861 | — | — | [] |
| 3808615000 | 5% | Free (18 programs) | ["kg"] |
Special rates available under trade agreements including USMCA, KORUS, GSP.
Duty rates sourced from the USITC (US International Trade Commission) Harmonized Tariff Schedule (HTS) (accessed 2/22/2026), EU TARIC – DG TAXUD (Directorate-General for Taxation and Customs Union) (accessed 2/22/2026), and UK Trade Tariff – HMRC (His Majesty's Revenue and Customs) (accessed 2/22/2026).
Data compiled and presented by HSRates.
Which Trade Agreements Reduce Duties for HS 3808.61?
Imports of Goods specified in subheading note 2 to this chapter may qualify for reduced or zero duty rates under free trade agreements and preferential programs. The overview below shows available preferential arrangements by jurisdiction, compiled by HSRates from official tariff and trade agreement data.
United States (HTSUS)
Free for USMCA, KORUS, GSP, and 16 other programs
European Union (TARIC)
Preferential rate data not yet available.
United Kingdom
Preferential rate data not yet available.
Preferential rates require proof of origin and may be subject to quotas or conditions. Always verify eligibility with a licensed customs broker.
Data compiled by HSRates.
Which Preferential Rates Apply to Your Origin Country?
Select an origin country to see if preferential rates apply.
Preferential rates based on available trade agreements. Actual rates may vary.
How to Classify This HS Code?
What products does HS 380861 cover?
This subheading covers insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulphur-treated bands, wicks and candles, and fly-papers), specifically those that are not specified in subheading 3808.62, as defined by the World Customs Organization (WCO) Harmonized System Nomenclature. This includes products intended for the protection of crops, public health, or domestic use, provided they meet the specific criteria outlined in the WCO Explanatory Notes for heading 3808 and are not otherwise classified.
What falls outside HS 380861?
The following products are excluded from HS 380861: preparations for use in animal husbandry, such as veterinary disinfectants, which are typically classified under heading 3002 or 3004; products for industrial preservation or fumigation not put up for retail sale; and substances with a primary function other than pest or disease control, even if they possess some disinfectant properties. For instance, pure chemical compounds of insecticides or fungicides, not in a prepared form for retail sale, would generally be classified under heading 2932 or 3808.91.
What are common classification mistakes for HS 380861?
A common error is misinterpreting the "put up for retail sale" criterion. Products intended for industrial or professional use, even if packaged in relatively small quantities, may not qualify for this subheading if they are not marketed directly to end-consumers. Additionally, confusion can arise with heading 3808.91, which covers other insecticides, rodenticides, fungicides, etc., not in retail packings. Correctly applying General Interpretative Rule 3(b) for composite goods is crucial when a product has multiple active ingredients with different primary functions.
How should importers classify products under HS 380861?
The correct procedure for classifying products under HS 380861 involves a thorough examination of the product's presentation and intended use. Importers and customs brokers must verify if the product is an insecticide, rodenticide, fungicide, herbicide, anti-sprouting product, plant-growth regulator, disinfectant, or similar product. Crucially, they must confirm that it is specifically "put up in forms or packings for retail sale" or as preparations/articles for direct consumer use, as per the WCO HS Explanatory Notes. Consulting the official tariff schedules of the importing country, such as the USITC HTS or EU TARIC, is essential.
How is the duty calculated for products under HS 380861?
A shipment of 100 liters of a household disinfectant spray, declared at a customs value of $500 USD, would attract a US duty of $50.00. This is calculated using the Most Favored Nation (MFN) duty rate of 10% ad valorem, applied to the declared customs value ($500 USD × 10% = $50.00). This calculation is based on the specific tariff provision for disinfectants put up for retail sale under the USITC Harmonized Tariff Schedule (HTS) 3808.61.0000.
Which trade agreements reduce duties for HS 380861?
Several free trade agreements may reduce the applicable duty rate for HS 380861, including the United States-Mexico-Canada Agreement (USMCA), which can result in a duty rate of Free for qualifying goods originating from Canada or Mexico. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) also offers preferential rates, potentially Free, for eligible products from member countries like Vietnam. To claim these preferences, importers typically require a Certificate of Origin or a self-certified origin statement, depending on the specific agreement and importing country's regulations.
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FAQ
What are the primary criteria for classifying goods under HS code 3808.61?
HS code 3808.61 specifically covers 'Goods specified in subheading note 2 to this chapter'. Subheading note 2 to Chapter 38 generally refers to insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulphur-treated bands, wicks and candles, and fly-papers) with a base of plaster, paper, vulcanized fibre or similar materials, which are used for the destruction or protection of plants or plant products. Importers must ensure their product meets these specific use and presentation criteria to qualify for this code. Consulting the Explanatory Notes to the Harmonized System for Chapter 38 is crucial for precise classification.
What are the typical Most-Favored-Nation (MFN) duty rates for HS code 3808.61, and how do preferential rates apply?
The Most-Favored-Nation (MFN) duty rate for HS code 3808.61 can vary significantly by importing country. For example, the USITC provides a duty rate of 6.00% ad valorem. The EU TARIC system may show a rate of 6.5% ad valorem. The UK Trade Tariff might list 6.00% ad valorem. Preferential rates are often available under Free Trade Agreements (FTAs). For instance, rates listed as 'Free (A,AU,BH,CL,CO,D,E,IL,JO,KR,MA,OM,P,PA,PE,S,SG)' indicate that goods originating from countries or trading blocs designated by these letter codes (e.g., Australia, Canada, South Korea, etc., depending on the specific tariff schedule) may be imported duty-free or at a reduced rate, provided the importer can furnish proof of origin.
What documentation is typically required when importing goods classified under HS code 3808.61?
When importing goods under HS code 3808.61, standard import documentation is required, including a commercial invoice, packing list, and bill of lading or air waybill. Additionally, depending on the specific product and its intended use, importers may need to provide a Safety Data Sheet (SDS) or Material Safety Data Sheet (MSDS) to demonstrate the chemical composition and safety handling procedures. For certain agricultural or public health products, specific import permits, licenses, or certificates from relevant government agencies (e.g., environmental protection agencies, agricultural departments, or health ministries) may be mandatory to ensure compliance with national regulations regarding pesticides, disinfectants, or plant protection agents.
How is the duty calculated for HS code 3808.61 when a specific duty rate is applied, such as 15.4¢/kg + 31%?
When a duty rate is a combination of a specific duty and an ad valorem duty, such as '15.4¢/kg + 31%', the total duty is calculated by summing the two components. For example, if you import 100 kilograms of a product classified under HS 3808.61 with an invoice value of $500 USD, the duty calculation would be: Specific Duty: 100 kg * $0.154/kg = $15.40. Ad Valorem Duty: 31% of $500 = $155.00. Total Duty = $15.40 + $155.00 = $170.40. It is critical to use the correct currency conversion rates and verify the exact weight or measure as declared on the import documents.
Which major trade agreements commonly offer preferential duty rates for products classified under HS code 3808.61?
Products classified under HS code 3808.61 may benefit from preferential duty rates under various trade agreements. For imports into the United States, agreements like the USMCA (United States-Mexico-Canada Agreement) might offer reduced or zero duties for originating goods. For imports into the European Union, the EU's network of Association Agreements and Economic Partnership Agreements with various countries and regions often provide preferential treatment. Similarly, the UK benefits from its own set of FTAs post-Brexit. Importers should consult the specific tariff schedules of the importing country and the relevant trade agreement text to confirm eligibility and the required proof of origin, such as a certificate of origin, to claim preferential treatment.