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HTS Classifier

HTS Classifier for Chemicals & Plastics — Chapters 28–40

Classifying chemicals and plastic products requires navigating HTS Chapters 28–40 — and getting the right 10-digit code matters more here than almost anywhere else. EPA TSCA certification is required for every entry. AD/CVD orders on Chinese chemicals and plastics are pervasive, with rates reaching 300%+. Section 301 stacks on top. Use this classifier to get the correct code, EPA status, and AD/CVD risk flag before your shipment clears.

HTS Chapters Covered
28–40
Inorganic chem, organic chem, plastics, rubber
EPA TSCA Review
Required
Most new chemicals require TSCA review
AD/CVD Prevalence
High
Common on Chinese chemicals and plastics
Duty Range
0%–7.5%
Varies; AD/CVD can add 50%–300%+

Chemicals & Plastics HTS Classifier (Pre-filled)

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Chemicals & Plastics HTS Chapters — Regulatory Quick Reference (2026)

Category HTS Chapter Duty Range EPA TSCA AD/CVD Risk
Inorganic chemicals Chapter 28 0%–5.5% Likely Moderate
Organic chemicals Chapter 29 0%–6.5% Likely High (China)
Pharmaceutical intermediates Chapter 29 0%–3.7% Likely Low
Plastics (primary forms) Chapter 39 0%–6.5% Yes High (China)
Plastic articles Chapter 39 0%–6.5% Yes Moderate
Rubber, natural Chapter 40 0% No Low
Rubber, synthetic Chapter 40 0%–3.5% Yes Moderate
Fertilizers Chapter 31 0%–0.6¢/kg No High (specific)
Essential oils / cosmetic ingredients Chapter 33 0%–4.9% Yes Low

EPA TSCA (Toxic Substances Control Act) review required for most chemical imports not on the TSCA Inventory. AD/CVD orders are extensive for Chinese-origin chemicals and plastics — verify AD/CVD case status for your specific HTS code before sourcing. Rates based on USITC HTS 2026.

Key Regulatory Context for Chemicals & Plastics HTS Classification (2026)

  • EPA TSCA (Toxic Substances Control Act): The Toxic Substances Control Act (TSCA) governs the import of chemical substances into the US. Most organic and inorganic chemicals NOT on the TSCA Chemical Substance Inventory (70,000+ substances) require a TSCA Section 5 New Chemicals review before import. The importer of record must certify compliance (TSCA positive or negative certification) on every customs entry. Incorrect certifications can result in seizure and civil penalties up to $37,500/day.
  • AD/CVD Orders on Chemicals from China: Antidumping and countervailing duty orders are pervasive in chemicals and plastics — particularly for Chinese-origin products. Major active orders include: glycine, citric acid, PET resin, phosphate fertilizers, polyethylene terephthalate film, vinyl floor covering, melamine, and dozens more. AD/CVD rates on chemicals from China range from 0% to 300%+. Search the ITC USITC Trade Remedy Database for active orders on your specific HTS code.
  • Section 301 on Chinese Chemicals: Many chemical and plastic products from China are subject to Section 301 tariffs at 25% (List 3). This stacks on top of base MFN rates and any applicable AD/CVD. The effective duty burden on some Chinese chemicals can exceed 50% before freight and MPF. HTS classification accuracy is critical — misclassification can result in either overpayment or underreported duties.
  • Dangerous Goods (IMDG/IATA): Hazardous chemicals shipped by sea must comply with IMDG Code (International Maritime Dangerous Goods). Flammable, corrosive, or toxic substances require proper UN classification, packaging, labeling, and IMDG declaration on shipping documents. CBP and freight carriers enforce these requirements separately from duty compliance.
  • Plastics Recyclability and EPR Compliance: While not a federal import requirement, several US states have Extended Producer Responsibility (EPR) laws requiring plastics importers to register and pay fees based on plastic packaging tonnage. California's EPR program (SB 54) and others affect plastic packaging importers' total cost of market entry.

Frequently Asked Questions — Chemicals & Plastics HTS Classification

Chemicals and plastics span HTS Chapters 28–40: Chapter 28 (inorganic chemicals), Chapter 29 (organic chemicals), Chapter 30 (pharmaceuticals), Chapter 31 (fertilizers), Chapter 32 (dyes/pigments/inks), Chapter 33 (essential oils/cosmetics), Chapter 34 (soaps/waxes), Chapter 35 (albumins/starches/enzymes), Chapter 36 (explosives), Chapter 37 (photographic), Chapter 38 (miscellaneous chemicals), Chapter 39 (plastics and articles thereof), Chapter 40 (rubber). The classification of a substance as "chemical" vs. "prepared" vs. "article of plastics" significantly affects the HTS code and duty rate.
TSCA (Toxic Substances Control Act) certification is required for all chemical imports into the US. Importers must certify either: (A) "TSCA Positive" — the chemical is on the TSCA Inventory and complies with all TSCA rules; or (B) "TSCA Negative" — the chemical is not subject to TSCA (e.g., food, drugs, cosmetics, pesticides, which are regulated under other statutes). The certification is filed electronically with CBP. Incorrect certification is a federal violation. For new chemicals not on the TSCA Inventory, a Section 5 Pre-Manufacture Notice (PMN) must be filed with EPA and reviewed before import.
Very common. The US has over 50 active AD/CVD orders covering chemical and plastic products from China. Examples: glycine (AD rates 155%–330%), citric acid (AD 229%), PET resin (AD/CVD 45%–226%), melamine (AD 114%), polyvinyl alcohol (AD 100%), phosphate fertilizers (AD/CVD 19%–123%), amino acids (multiple orders). The USITC maintains a searchable Trade Remedy database — always check your specific 10-digit HTS code before sourcing Chinese chemicals. AD/CVD rates change annually through administrative reviews.
Polyethylene resins are classified in HTS Chapter 39 based on density and form: HTS 3901.10 (polyethylene with specific gravity <0.94 — LDPE/LLDPE in primary forms); 3901.20 (polyethylene with specific gravity ≥0.94 — HDPE in primary forms); 3901.30 (ethylene-vinyl acetate copolymers); 3901.90 (other polyethylene). The base MFN rate is typically 6.5%. China-origin polyethylene may be subject to Section 301 (25%) and applicable AD/CVD orders. Use the USTradeStack classifier to confirm the exact 10-digit code, Section 301 status, and AD/CVD case applicability.
Yes — many plastics and chemical products from China are subject to Section 301 List 3 tariffs at 25%. This includes a broad range of HTS Chapter 28, 29, and 39 products. However, not every chemical is covered — some are excluded by USTR exclusion orders. The Section 301 applicability depends on the exact 8-digit HTS subheading, not just the chapter. Section 301 + base MFN rate + Section 122 (15%, active through Jul 24, 2026) can stack to create effective duty rates of 40%–55% for Chinese chemicals, making non-Chinese sourcing economically critical.
REACH is a European Union regulation (Registration, Evaluation, Authorisation and Restriction of Chemicals) — it applies to chemicals manufactured or imported INTO the EU, not into the US. The US equivalent is TSCA (EPA). When importing chemicals from EU into the US, REACH compliance is irrelevant for US customs purposes — what matters is TSCA certification. However, if you are also selling products containing the imported chemical into EU markets, REACH compliance for those substances is required under EU law, separately from US import requirements.

Disclaimer: HTS classifications, duty rates, and regulatory requirements shown on this page are provided for informational and educational purposes only. The correct HTS code for any given chemical or plastic product depends on its precise chemical composition, form, intended use, and applicable General Rules of Interpretation. EPA TSCA requirements depend on the specific substance's TSCA Inventory status, which is subject to change. AD/CVD rates are updated annually through DOC administrative reviews and may differ from rates shown. This tool does not constitute legal, customs brokerage, regulatory compliance, or tax advice. Classification determinations must be made by a licensed customs broker or trade attorney with knowledge of the specific product. USTradeStack is not liable for misclassifications or duties assessed based on classifications from this tool.