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2022 HTS Paper: Part 3 (Chemical Products, Pharmaceuticals)

January 24, 2022 by Brian Feito|White Paper

New Classification Scheme for Radioactive Elements

The 2022 Harmonized Tariff Schedule includes a more detailed scheme for radioactive elements, other than uranium, plutonium and thorium. Subheading 2844.40.00 (which formerly covered radioactive elements and isotopes besides natural uranium of subheading 2844.10, enriched uranium and plutonium of subheading 2844.20 and depleted uranium and thorium of subheading 2844.30) and its associated 10-digit subheadings are replaced by a series of new subheadings covering the following (with the description of the 8-digit subheading remaining as superior text):

Radioactive isotopes also added. New subheadings are also added under heading 2845 for isotopes other than those of heading 2844. In addition to subheading 2845.10.00 for heavy water (deuterium oxide), which is left in place, new subheadings are added for:

The residual “other” subheading for heading 2845 is renumbered 2845.90.01.

Note Says Emetics Don’t Remove Chemicals From Chapter 29

Note 1(f) to Chapter 29, which says products covered by Chapter 29 are still classified in the chapter if they have an added antidusting or coloring to facilitate identification or for safety reasons, is changed so that it also now says an emetic may be added for safety reasons without removing a chemical from Chapter 29.

Many New Tariff Provisions Created for Refrigerants

Tariff provisions on chemical refrigerants are expanded to include a much wider range of hydrofluorocarbons and brominated hydrocarbons. Old subheadings 2903.31 through 2903.39 and 2903.71 through 2903.76 are removed. New subheadings are created for the following substances:

Saturated fluorinated derivatives of acyclic hydrocarbons

Unsaturated fluorinated derivatives of acyclic hydrocarbons

Brominated or iodinated derivatives of acyclic hydrocarbons

Hydrogenated derivatives of acyclic hydrocarbons containing two or more different halogens

Acetal and Hemiacetal Peroxides Classifiable in Heading 2909

“Acetal and hemiacetal peroxides” are added to the article description of heading 2909. Likewise, the text of subheading 2909.60 (which is the superior text to tariff numbers 2909.60.1000 through 2909.60.5000) is amended so that it now specifies “acetal and hemicetal peroxides” in addition to the other peroxides already covered by the subheading.

The title of subchapter IV to Chapter 29, which includes heading 2909, is also modified to reflect the addition of acetal and hemiacetal peroxides.

Note 4 to Chapter 29, which clarifies terms used in the chapter to classify chemicals of certain headings, is clarified. The last paragraph now says: “For the purposes of headings 2911, 2912, 2914, 2918 and 2922, 'oxygen function', the characteristic organic oxygen-containing group of those respective headings, is restricted to the oxygen-functions referred to in headings 2905 to 2920.”

The WCO said these changes together clarify “almost all organic peroxides” are classifiable in heading 2909, which “entails the transfer” of acetal and hemiacetal peroxides to heading 2909 from heading 2911.

New Subheading for Organo-Sulfur Compound

New subheading 2930.10.01 is created for the organo-sulfur compound 2-(N,N-Dimethylamino) ethanethiol. The new provision is dutiable at 3.7%. The WCO said this change will “facilitate the monitoring and control of substances controlled under the Chemical Weapon Convention.”

Reorganization of Heading 2931 for Organo-Inorganic Compounds

Much of heading 2931, which covers “other organo-inorganic compounds” is reorganized. Subheadings 2931.31 through 2931.39 (for “other organo-phosphorous derivatives”) are eliminated, and in their place new headings 2931.41 through 2931.49 cover “non-halogenated organo-phosphorous derivatives,” and headings 2931.51 through 2931.59 cover halogenated organo-phosphorous derivatives. The new subheadings are as follows (many chemicals are moved in the reorganization, but some new chemical names are marked by an asterisk):

Non-halogenated organo-phosphorus derivatives:

Halogenated organo-phosphorus derivatives:

Other, non-aromatic:

Separate subheadings for the following chemical names are no longer found in heading 2931:

Subheadings 2931.10.00 for tetramethyl lead and tetraethyl lead, and subheading 2931.20.00 for tributylin compounds, are untouched by the reorganization, as are subheadings 2931.90.05 through 2931.90.9060 for “other” aromatic organo-inorganic compounds.

New residual subheading for “other” organic-phosphorous compounds. Finally, new subheading 2931.90.90 now covers “other” organo-inorganic compounds of heading 2931.

Insecticide Carbofuran Given Tariff Breakout

The insecticide carbofuran is now broken out into its own subheading of heading 2932 for “hetercyclic compounds with oxygen hetero-atom(s) only.” New subheading 2932.96.00 now covers “Carbofuran (ISO),” dutiable at 6.5%.

New Forms of Fentanyl Added to Tariff Schedule

Some provisions of Chapter 29 are amended to add new tariff classifications for previously unmentioned forms of fentanyl, as well as catch-all categories for “other fentanyls and their derivatives.”

Carfentanil, remifentanil added to heading 2933. Specific mention of carfentanil and remifentanil is added to existing subheading 2933.33.01, which covers fentanyl and a list of other heterocyclic compounds with nitrogen hetero-atoms only that contain “an unfused pyrazole ring (whether or not hydrogenated) in the structure.” Subheading 2933.39.91, residual category for “other” compounds containing an unfused pyridine ring, is renumbered 2933.39.92.

New compounds, “other fentanyls” also added. Several new subheadings are also inserted in heading 2933 for chemicals that hadn’t previously been mentioned in the tariff schedule, including a new subheading for “other fentanyls and their derivatives” that have a pyrazole ring. The new subheadings and their duty rates are:

Likewise, a new subheading is also added for other fentanyls that have a thiazole ring in heading 2934 for nucleic acids and other heterocyclic compounds. New subheading 2934.92.00 covers “other fentanyls and their derivatives” that contain an “unfused thiazole ring (whether or not hydrogenated) in the structure.”

Subheadings Clarified to Clarify Classification of Vitamin B3 With Niacin

Subheading 2936.24.00 for “D- or DL-Pantothenic acid” is amended to remove a reference in the text of the subheading to Vitamin B3. It now only references Vitamin B5. The subheading is renumbered 2936.24.01. Subheading 2936.29.15, which covers niacin, the common name of Vitamin B3, is renumbered 2936.29.16 to reflect the change in classification.

New Classification for Methamphetamine Alongside Ephedrine

New subheading 2939.45.00 is created for “levometamfetamine, metamfetamine (INN), metamfetamine racemate and their salts” under tariff provisions for alkaloids of ephedra. Subheading 2939.49.02, which had covered “other” alkaloids of ephedra and their derivatives and salts, is renumbered 2939.49.03.

Subheading 2939.71.00 for other alkaloids of vegetal origin is revised so that it now covers only cocaine and ecgonine, as well as their salts, esters and derivatives, and is renumbered 2939.72.00. Previously it had mentioned cocaine, ecgonine, levometamfetamine, metamfetamine (INN) and metamfetamine racemate.

Provisions for Vaccines Reorganized, ‘Cell Cultures’ Added, Change for Blood Type Reagents

Tariff provisions for vaccines in Chapter 30 are reorganized, and new provisions for cell cultures are added following the new vaccine provisions.

Vaccines. Subheadings 3002.20 and 3002.30 for vaccines for human and veterinary uses are removed and replaced by new provisions for “Vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products.”

While under the old scheme vaccines had been classified based on whether they contained toxoids, and then whether they were live-attenuated or inactivated, the new scheme distinguishes only between human and veterinary vaccines. New subheading 3302.41.00 covers “vaccines for human medicine,” new 3002.42.00 covers “vaccines for veterinary medicine,” and 3002.49.00 covers other “vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products.” All are duty free.

Cell cultures. New subheadings 3002.51.00 and 3002.59.00 are added for “cell cultures, whether or not modified.” Subheading 3002.51.00 covers cell therapy products, and subheading 3002.59.00 covers “other” cell cultures.

New Tariff Subheadings Added for Clinical Trial Kits

New tariff provisions are added for “placebos and blinded (or double-blinded) clinical trial kits for a recognized clinical trial, put up in measured doses.”

New duty-free subheading 3006.93.10 covers placebos and clinical trials packaged with medicinal preparations. Placebos containing over 10% sugar are instead classifiable in subheading 3006.93.20, dutiable at 40¢/kg+10.4%. Those containing ingredients with nutritional value in which starch predominates are classifiable in subheading 3006.93.50, dutiable at 6.4%. Placebo and clinical trial kits in liquid form for oral intake are classifiable in subheading 3006.93.50, dutiable at 0.2¢/liter, and placebo and clinical trial kits containing other chemicals other than medicaments are classifiable in subheading 3006.93.80, dutiable at 5%.

New Note 4(e) now says “placebos and blinded (or double-blinded) clinical trial kits for use in recognized clinical trials, put up in measured doses,” are classifiable in heading 3006, “even if they might contain active medicaments.”

Former Note 4(e) to Chapter 30, which had said blood-grouping reagents are classifiable in heading 3006, is deleted, as blood grouping reagents are now classifiable elsewhere in the 2022 HTS.

Synthetic Carotenoid Colorings Now Classifiable in New Subheading

Synthetic organic “carotenoid coloring matters and preparations based thereon” are now classifiable in new subheading 3204.18.00, dutiable at 3.1%. Subheading 3204.19.35, which had covered synthetic organic “beta-carotene and other carotenoid coloring matter,” is deleted.

Tariff Provisions on Organic Surface-Active Agents Reorganized

The tariff classification scheme for organic surface-active agents (other than soap) is completely reorganized to effect changes at the six-digit level for all WCO members (in particular, to provide a six-digit breakout for linear alkylbenzene sulphonic acids, which had been classified separately in the U.S. tariff schedule but only at the 10-digit level).

Subheadings 3402.11 through 3402.20.51 are deleted from the tariff schedule, and replaced by new subheadings 3402.31 through 3402.50.51.

While provisions for organic-surface active agents had been broken into six-digit subheadings for anionic, cationic, nonionic and “other,” the new scheme is divided into six-digit subheadings for:

Provisions for surface-active, washing and cleaning preparations put up for retail sale are unchanged but renumbered. Preparations containing any aromatic or modified aromatic surface-active agent is now classifiable in subheading 3402.50.11, dutiable at 4%. Other preparations are now classifiable in subheading 3402.50.51, duty free.

Reorganization of Tariff Provisions on Safety Fuses, Detonating Caps, Igniters, Etc.

Subheading 3603 for “Safety fuses; detonating cords; percussion or detonating caps; igniters; electric detonators” is reorganized, though it still provides for classification of the same goods. Subheadings under the new scheme are as follows:

While provisions for each of those articles existed previously in the U.S. tariff schedule at the eight-digit level, classification in the 2022 Harmonized System at the 6-digit level means all WCO members will also have tariff breakouts for them.

‘Thermosensitive’ Surfaces Added to ‘Photographic’ Definition

Note 2 to Chapter 37, which provides a definition for “photographic” for the purposes of that chapter, which covers “photographic or cinematographic goods,” is amended to mention the use of thermosensitive surfaces in photography, as follows:

“In this chapter the word ‘photographic’ relates to the process by which visible images are formed, directly or indirectly, by the action of light or other forms of radiation on photosensitive, including thermosensitive, surfaces.”

Insecticides Carbofuran, Trichlorfon Added to Heading 3808

Subheading note 1 to Chapter 38, which lists substances that may be classified in subheadings 3808.52 and 3808.59 as “insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles,” is amended to add the following substances: carbofuran (ISO); chlordane (ISO); chlordimeform (ISO); chlorobenzilate (ISO); 4,6-dinitro-o-cresol (DNOC (ISO)) or its salts; dinoseb (ISO), its salts or its esters; and trichlorfon (ISO). A listing for penta- and octabromodiphenyl ethers is removed.

Dolomite Ramming Mix Now Classified in Chapter 38 Alongside Refractory Cements

The tariff provision for dolomite ramming mix is moved to Chapter 38, and in particular to heading 3816, which covers refractory cements, mortars, concretes and other similar compositions.

No longer classifiable in heading 2518. Subheading 2518.30.00, which had previously specifically provided for “dolomite ramming mix,” is deleted from the tariff schedule. Likewise, the description of heading 2518 is amended to remove a reference to dolomite ramming mix; it still covers dolomite, whether or not calcined or sintered, including dolomite roughly cut into blocks or slabs. New Note 2(e) is added to Chapter 25 to say the chapter does not cover dolomite ramming mix, which should instead be classified in heading 3816.

Now classified in heading 3816. Heading 3816 is amended to say it covers “refractory cements … including dolomite ramming mix.” Previously divided into two 10-digit subheadings based on whether the refractory cement was made from clay or “other,” the heading is now divided into subheading 3816.00.10 for dolomite ramming mix (duty-free), and subheading 3816.00.20 for “other” refractory cements, mortars, concretes and similar compositions, other than products of heading 3801, dutiable at 3%.

Diagnostic Reagents Moved From Headings 3002, 3006 to Chapter 38

Many types of diagnostic test kits are being moved from Chapter 30 to Chapter 38 as part of the 2022 tariff schedule update. The creation of a new exclusion to Chapter 30 and new subheadings in Chapter 38 “entail the transfer of diagnostic reagents and kits (including malaria diagnostic kits),c the WCO said. Blood grouping reagents are also being added to a new subheading in Chapter 38.

Heading 3822 reorganized, now covers goods formerly of 3002. Heading 3822 of the tariff schedule undergoes a minor change in name so that it now covers “diagnostic or laboratory reagents on a backing, [and] prepared diagnostic or laboratory reagents whether or not on a backing,” other than kits of heading 3006. Previously the heading had said it covered reagents other than those of heading 3002 or 3006.

New Note note 1(ij) to Chapter 30 clarifies that diagnostic reagents of heading 3822 are not classifiable in Chapter 30.

Heading 3822 is reorganized, and its old subheadings are eliminated. New subheading 3822.11.00 covers reagents and kits for malaria; new 3822.12.00 covers reagents and test kits for Zika and other diseases transmitted by mosquitoes of the genus Aedes; 3822.13.00 covers reagents and test kits for blood grouping and 3822.19.00 covers “other” reagents and test kits. Subheading 3822.90.00 replaces 3822.00.60 as the home for “certified reference materials.”

Blood grouping reagents moved from heading 3006. Subheading 3006.20.00, which covered blood-grouping reagents, is deleted from the tariff schedule, with blood grouping reagents now classifiable in the aforementioned new subheading 3822.13.00. Note 1(g) to Chapter 13, which excludes blood-grouping reagents from that chapter and said they’re instead classifiable in heading 3006, is amended to say blood-grouping reagents are classifiable in heading 3822.

New Tariff Subheadings for Chemical Preparations With Short-Chain Paraffin, Polyglycol Esters

New subheading 3824.89.00 is created for binders and chemical products and preparations, specified in subheading note 3 to Chapter 38, that contain short-chain chlorinated paraffins. Subheading 3824.99.48, which covers chemical products and preparations that are “mixtures that are in whole or in part of hydrocarbons derived in whole or in part from petroleum, shale oil or natural gas” that aren’t specified elsewhere in the tariff schedule, is renumbered 3824.99.49 to reflect the removal of goods containing short-chain chlorinated paraffins.

Subheading note 3 to Chapter 38 is amended so it refers to short-chain chlorinated paraffins as among the substances making up chemical mixtures and preparations classifiable in subheadings 3824.81 to 3824.89.

New subheading 3824.92.00 is created for polyglycol esters of methylphosphonic acid under the residual category for “other” prepared binders, chemical products and preparations of heading 3824. Subheading 3824.99.92, the residual “other” category for chemical products and preparations not specified elsewhere in the HTS, is renumbered 3824.99.93.

These new tariff classifications will allow the “monitoring and control of substances” under the Rotterdam and Chemical Weapons conventions, respectively, the WCO said.

As part of the reorganization of tariff provisions in the 2022 tariff schedule, new heading 3827 is created for chemical mixtures that contain certain refrigerants. Subheadings 3824.71 through 3824.79, which had previously provided for refrigerants, are deleted from the tariff schedule.

Note says classification in 3827 only if not classifiable elsewhere in section. New section note 4 is added to Section VI, which includes tariff chapters 28 to 38. The new note specifies that products classifiable in new heading 3827 and also classifiable elsewhere in Section VI are not to be classified in heading 3827:

“Where a product answers to a description in one or more of the headings in section VI by virtue of being described by name or function and also to heading 3827, then it is classifiable in a heading that references the product by name or function and not under heading 3827.”

New heading 3827 created. New heading 3827 is created for “mixtures containing halogenated derivatives of methane, ethane or propane, not elsewhere specified or included.” The WCO says the new heading will “facilitate the monitoring and control of substances controlled by virtue of the Kigali Amendments to the Montreal Protocol that deplete the ozone layer.” Provisions under the new heading are as follows:

Containing chlorofluorocarbons (CFCs), whether or not containing hydrochlorofluorocarbons (HCFCs), perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs); containing hydrobromofluorocarbons (HBFCs); containing carbon tetrachloride; containing 1,1,1-trichloroethane (methyl chloroform):

Containing hydrochlorofluorocarbons (HCFCs), whether or not containing perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs), but not containing chlorofluorocarbons (CFCs):

Containing trifluoromethane (HFC-23) or perfluorocarbons (PFCs) but not containing chlorofluorocarbons (CFCs) or hydrochlorofluorocarbons (HCFCs):

Containing other hydrofluorocarbons (HFCs) but not containing chlorofluorocarbons (CFCs) or hydrochlorofluorocarbons (HCFCs):

Other:

New Subheadings for Flame Retardant Chemicals

Subheading 3907.20 for “other polyethers” (i.e., other than polyacetals) is subdivided to create new subheading 3907.21.00 for bis(polyoxyethylene) methylphosphonate, as well as new subheading 3907.29.00 for “other” other polyethers.

New subheading 3911.20.00 is created for “poly(1,3-phenylene methylphosphonate)” in primary form. Subheading 3911.90.90, which covers other “petroleum resins, coumarone-indene resins, polyterpenes, polysulfides, polysulfones and other products specified in note 3 to this chapter,” is renumbered 3911.90.91.