Analysis
HTS 2853.10.00 covers cyanogen chloride (chloorcyan) under heading 2853 (phosphides, whether or not chemically defined, excluding ferrophosphorous; other…).
Within this group the rate runs from duty-free to 2.8%. Compared with 2853.90.50 (of other metals or nonmetals), which pays duty-free, a misclassification either way moves the duty by 2.8 percentage points.
Goods that qualify under GSP, the Australia FTA, the Bahrain FTA, the Chile FTA, the Colombia TPA, and 12 others can enter duty-free instead of paying 2.8%. It is also eligible under GSP, the developing-country programme, which Congress has to renew; check whether GSP is in force on the entry date.
The general duty rate is 2.8% of the customs value, which is in the middle of the rates in chapter 28 (44th percentile of 274 lines with an ad valorem rate). On a shipment valued at $10,000 that is $280 in duty before any Chapter 99 additions or preference claims.
The column 2 rate, for countries without normal trade relations, is 25%, 8.9 times the general rate.
The other lines in the same group are 2853.90.10 (of copper (phosphor copper), containing more than 15…, 2.6%), 2853.90.50 (of other metals or nonmetals, duty-free) and 2853.90.90 (other: other, 2.8%).
Neighbouring lines
| Line | Description | General rate |
|---|---|---|
| 2853.90.10 | Of copper (phosphor copper), containing more than 15 percent by weight of phosphorous | 2.6% |
| 2853.90.50 | Of other metals or nonmetals | Free |
| 2853.90.90 | Other: other | 2.8% |