HS 380893 Herbicides, anti-sprouting products and plant-growth regulators

```html

What products does HS 380893 cover?

This subheading covers products intended for use as herbicides, anti-sprouting products, and plant-growth regulators. According to the WCO Harmonized System Nomenclature, these are preparations used to destroy unwanted plants, prevent sprouting, or influence the growth of plants. Official definitions from sources like the USITC Harmonized Tariff Schedule (HTS) and the EU's TARIC database confirm that this category includes substances like selective and non-selective herbicides, sprout inhibitors for agricultural produce, and growth promoters or retardants applied to crops, often formulated as liquids, powders, or granules, with specific active ingredients designed for agricultural or horticultural applications.

What falls outside HS 380893?

The following products are excluded from HS 380893: general disinfectants (HS 380894), insecticides (HS 380891), fungicides (HS 380892), and rodenticides (HS 380893). Also excluded are fertilizers, even if they contain plant-growth regulating substances, which are typically classified under Chapter 31. Products solely for cleaning or sanitizing, or those intended for human or animal health, are also outside this scope. For instance, a general-purpose household disinfectant would not fall under this heading, nor would a vitamin supplement for livestock.

What are common classification mistakes for HS 380893?

A common error is misclassifying products based solely on their intended use without considering their primary function or active ingredients. For example, a product that is primarily a fertilizer but contains a minor plant-growth regulator might be incorrectly classified under 380893 instead of Chapter 31, contrary to General Interpretative Rule 3(b) which prioritizes essential character. Another mistake involves confusing herbicides with general weed killers that might have a broader application or different chemical composition, leading to incorrect duty rates, potentially impacting compliance with specific import regulations.

How should importers classify products under HS 380893?

The correct procedure for classifying products under HS 380893 involves a detailed examination of the product's composition, intended use, and presentation. Importers and customs brokers must consult the official tariff schedule of the importing country, such as the USITC HTS or the UK Trade Tariff, and refer to explanatory notes from the WCO. It is crucial to identify the primary active ingredient and its specific function. If the product is a mixture, General Interpretative Rule 3 should be applied to determine the essential character, ensuring accurate classification and adherence to any specific regulatory requirements for agricultural chemicals.

How is the duty calculated for products under HS 380893?

A shipment of 100 kilograms of Glyphosate-based herbicide, declared at a customs value of $500 USD, would attract a US duty of $50.00. This is calculated using the USITC Harmonized Tariff Schedule's Most Favored Nation (MFN) rate for HS 380893, which is 10% ad valorem. Therefore, the duty is $500 USD (value) × 0.10 (10% rate) = $50.00 USD. It is important to note that specific product formulations or origins might have different rates, and some countries may apply specific duties based on quantity.

Which trade agreements reduce duties for HS 380893?

Several free trade agreements may reduce the applicable duty rate for HS 380893, including the United States-Mexico-Canada Agreement (USMCA), which can result in a duty rate of Free for originating goods from Canada and Mexico. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) may also offer preferential rates for originating goods from member countries like Vietnam. To claim these preferences, a valid Certificate of Origin or a self-certified origin statement, depending on the specific agreement and jurisdiction, is typically required, demonstrating that the product meets the rules of origin.

```