Analysis
HTS 3808.99.70 covers containing an inorganic substance under heading 3808 (insecticides, rodenticides, fungicides, herbicides, antisprouting products and…).
Within this group the rate runs from duty-free to 6.5%. Compared with 3808.99.30 (formulated biocides based on 2-methyl-4-isothiazolin-3-one, or…), which pays duty-free, a misclassification either way moves the duty by 5 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 5%. 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 5% of the customs value, which is in the middle of the rates in chapter 38 (60th percentile of 179 lines with an ad valorem rate). On a shipment valued at $10,000 that is $500 in duty before any Chapter 99 additions or preference claims.
The column 2 rate, for countries without normal trade relations, is 25%, 5.0 times the general rate.
The other lines in the same group are 3808.99.04 (mixtures of 1,1-bis(4-chlorophenyl)-2,2,2- trichloroethanol…, duty-free), 3808.99.08 (containing any aromatic or modified aromatic pesticide…, 6.5%), 3808.99.30 (formulated biocides based on 2-methyl-4-isothiazolin-3-one…, duty-free) and 3808.99.95 (other: other, 5%).
Neighbouring lines
| Line | Description | General rate |
|---|---|---|
| 3808.99.04 | Mixtures of 1,1-bis(4-chlorophenyl)-2,2,2- trichloroethanol (Dicofol) and application adjuvants | Free |
| 3808.99.08 | Containing any aromatic or modified aromatic pesticide: other | 6.5% |
| 3808.99.30 | Formulated biocides based on 2-methyl-4-isothiazolin-3-one, or 2-n-octyl-4-isothiazolin-3-one, or 4,5-dichloro-2-n-octyl-4-isothiazolin-3-one, or mixtures of 5-chloro-2-methyl-4- isothiazolin-3-one and 2-methyl-4- isothiazolin-3-one; and Metaldehyde | Free |
| 3808.99.95 | Other: other | 5% |