Monday, September 14, 2009

Section VI of the HTSUS

Thank you for joining us for our series on classification. Our last classification blog explored the articles contained in Section V of the HTSUS. Today, we will study the various commodities covered in Section VI of the HTSUS. Having a good general knowledge of the products covered in each section and chapter will expedite the classification process and improve the accuracy of your classifications.

Answer to Section V Question
2716.00.0000 Free

Section VI covers a wide variety of chemical products from Chapter 28 through 38. Many of the products are subject to regulation by one or more government agencies such as the EPA, FDA, FTC and USDA. Certain chemical products will require a Chemical Abstracts Service (C.A.S.) registry number. The Chemical Appendix to the HTSUS provides a list of C.A.S. numbers.

Chapter 28 covers inorganic chemicals such as inorganic acids, nonmetal oxygen, halogen silicides and nitrides. Products of this chapter must comply with EPA, TSCA and DOT regulations. The entry invoice must contain the Chemical Abstracts Services Number (CAS). Chemical products may require special packaging, which allows for ventilation and temperature control.

Chapter 29 covers organic chemicals such as alcohol, vitamins, hormones and antibiotics. The entry invoice must contain the CAS number.

Chapter 30 includes pharmaceutical products such as medicines, bandages and drugs for both humans and animals. Pay special attention to the exclusions found in Note 1 of this Chapter. Pay close attention to Chapter Note 1, which provides some important exclusions. Note 4 provides a list of goods that must be classified in heading 3006. The importation of pharmaceutical products is highly regulated. There are numerous labeling requirements depending on the type and use of the drug. All labeling information must be in English and appear conspicuously on the label.

Chapter 31 covers the importation of fertilizers in both solid and liquid forms whether manufactured from animal, vegetable, mineral or chemical substances. Chemical fertilizers require the submission of a TSCA Certification.

Chapter 32 includes paints, inks, enamels, varnishes, putties and other coloring extracts. Products containing chemicals require the submission of a TSCA Certification.

Chapter 33 covers perfumes, make-up, deodorants, and hair, dental, shaving and bath products. Note that soap is not included in this chapter. Certain liquid oral hygiene products, such as mouthwashes, must be packaged in tamper-resistant packages. In addition to Customs marking requirements, the FDA regulates the labeling of cosmetics. A list of ingredients and warnings is required on specific commodities distributed for retail sale.

Chapter 34 covers soap, cleaning products, polishes, candles and dentistry preparations. Note that preparations containing soap, such as shampoos and shaving creams, are not classified in Chapter 34.

Chapter 35 covers starches, glues and adhesives.

Chapter 36 includes the importation of explosives, fireworks, matches and lighter fuels. Importers of explosives must obtain a license from ATF. The importation of white phosphorus matches is prohibited.

Chapter 37 covers the importation of photographic film, paper, plates and other media motion picture film and photographic chemicals. Products may require the submission of a TSCA Certification.

Chapter 38 covers the importation of miscellaneous chemical products such as turpentine, wood tars, creosote, insecticides, pesticides, disinfectants, hydraulic fluids and antifreeze. Insecticides and pesticides must be registered with the EPA. The EPA 3540-1 must be presented at entry for insecticide and pesticide shipments. Products of this chapter may also require a TSCA Certification.

Classify chewable, antacid tablets consisting of 500mg of calcium carbonate. The tablets come in assorted colors and flavors and are put up for retail sale in plastic bottles containing 100 tablets.

Join us next week for the answer to this week’s classification question and a discussion of Section VII of the HTSUS. If there are any specific commodities or sections of the HTSUS that you would like to see discussed in this series, please feel free to post a comment or send your suggestions to

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