Classification conclusion and import answer
Conditional conclusion: “chemicals” is not a tariff classification. Separately defined inorganic elements and compounds are generally tested in Chapter 28, separately defined organic compounds in Chapter 29, and chemical mixtures or preparations not more specifically described in Chapter 38. Function can instead lead to Chapters 30, 32, 33, 34, 35 or another specific provision. Every substance in a mixture must be screened by CAS identity and intended use under TSCA and any EPA, FDA, USDA, DEA or other agency statute.
| Imported condition | Candidate provision | Decisive evidence |
|---|---|---|
| Separate inorganic compound | Chapter 28 | Formula, purity, allowed additives |
| Separate organic compound | Chapter 29 | Structure, isomer and purity |
| Mixture or preparation | Chapter 38/use heading | Formula, function and presentation |
| Pesticide, drug, cosmetic or food chemical | Product-specific heading | Intended use and regulatory status |
Choosing between Chapters 28, 29 and 38
Apply GRI 1, legal notes and heading text before GRI 6. Chapters 28 and 29 admit only defined substances and specified additions, impurities or solutions; a formulated mixture may fall outside those chapters. Heading 3824 is residual and cannot displace a more specific use provision. Lock Chemical Abstracts name, CAS number, molecular structure, purity, impurities, stabilizers, solvents, quantitative formula, physical form, manufacturing process, use and retail/bulk presentation. A supplier's HS number or EPA product code does not bind CBP.
Review identity and composition documents before classification
The Column 1 General rate varies by the exact ten-digit HTSUS line. Determine classification, customs value, origin and entry date before stating duty. Check Chapter 99 measures, including Section 301 for qualifying Chinese-origin goods, Section 232 where relevant, sanctions and AD/CVD scope orders; an HTS number alone does not resolve AD/CVD scope. Preference requires qualifying origin and proof. Merchandise processing fee and, for ocean cargo, harbor maintenance fee may apply. A chemical reaction may affect origin, but repacking or dilution does not automatically confer a new origin.
Duty, Chapter 99 and origin
TSCA section 13 and 19 CFR 12.118-12.127 require the importer or authorized agent to provide a positive certification that TSCA-regulated substances comply with applicable rules and orders, or a negative certification for clearly applicable exclusions. Certifications are filed through ACE or entry documents. Before signing positively, screen every CAS against the public and confidential TSCA Inventory status, active/inactive status, Section 5 orders, SNURs and Section 6 rules. Articles usually do not require certification unless a specific rule says otherwise.
TSCA Inventory and import certification
A substance absent from the TSCA Inventory is a new chemical. Non-exempt commercial manufacture, which includes import, normally requires a PMN at least 90 days before commencement; an applicable SNUR can require a SNUN 90 days before a significant new use. Low-volume, polymer, R&D or test-marketing exemptions have exact conditions and records. A confidential identity should be handled through supplier support and EPA procedures, not guessed from a trade name. Section 5(e) orders may limit uses, volumes, workers, releases, labels or SDS.
New chemicals, SNURs and restrictions
TSCA does not replace product statutes. Pesticides are regulated under FIFRA and generally require EPA registration and Notice of Arrival; food additives, drugs, cosmetics and devices fall under FDA statutes; List I and II chemicals may trigger DEA registration, reporting or import controls; ozone-depleting substances and HFCs have EPA quota/reporting rules. USDA/APHIS, ATF, CPSC or other PGA requirements may apply by use. The importer should map the commercial claim and end use before selecting the TSCA certification route.
EPA and other agency jurisdiction
OSHA Hazard Communication requires a compliant label and 16-section SDS for hazardous workplace chemicals, while EPA rules can add specific warnings. DOT hazardous-material rules separately require the correct UN identification number, proper shipping name, hazard class, packing group, packaging, marks, labels, placards and shipping paper. HS, CAS, EPA registration number and UN number are different identifiers. Warehousing, state chemical reporting, fire code and environmental permits continue after customs release.
Hazard communication and transport
Maintain invoice, packing list, bill of lading, value and origin support, full formula, SDS, COA, analytical spectra where needed, Inventory evidence, TSCA certification, PMN/SNUN or exemption records, EPA/FDA/DEA permits, DOT dangerous-goods documents and label artwork. A useful invoice description is “[Chemical Abstracts name], CAS [...], ...% purity, ...% solvent/stabilizer, physical form ..., industrial use ..., ... kg drums, HTSUS candidate ..., origin ...”. “Chemical,” “additive” or a trade name alone is inadequate.
Entry file and customs description
Official sources checked 12 September 2026: USITC HTSUS, EPA TSCA import requirements, EPA New Chemicals program, EPA TSCA Inventory, OSHA Hazard Communication and PHMSA hazardous materials regulations. Recheck the HTS revision and substance-specific rules on entry.
Official U.S. sources
This is a framework, not a CBP ruling, TSCA status determination or admissibility decision. A final opinion requires every CAS and concentration, Chemical Abstracts name, structure, purity, impurities, solvent, SDS, process, end use, annual quantity, packaging, origin, importer and entry date. An undisclosed constituent can change the tariff line, TSCA certification, PMN/SNUN duty, PGA jurisdiction, transport status and penalties. The importer of record remains responsible for reasonable care and truthful certifications.
Limits of this guidance
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Official sources to verify
- WCO — HS Nomenclature 2022 and General Rules for Interpretation
- United States International Trade Commission — Harmonized Tariff Schedule
Editorial note
Prepared by the Global HS Code Checker Editorial Team for customs-classification, tariff and import-policy research. The correct code and applicable measures may change with the merchandise's actual characteristics, jurisdiction, entry date and supporting record. Verify the current tariff, governing measures and competent customs authority before filing an entry. A reviewer is identified only after a named expert has completed the review.