Herbicide Foliar Treatment
CN β US| HS Code | Tariff Rate | Origin | Destination | Doc |
|---|---|---|---|---|
| 3808931500 | 41.5% | CN | US | Official Doc |
| 3808935040 | 40.0% | CN | US | Official Doc |
| 2106909973 | 16.4% | CN | US | Official Doc |
| 3307900000 | 40.4% | CN | US | Official Doc |
| 3307490000 | 41.0% | CN | US | Official Doc |
Product Images
AI Analysis
πΏ Herbicide Foliar Treatment: HS Code Classification & US Customs Clearance Guide (2026 Edition)
π HS Code Reference & Clearance Strategy | 2026 Tariff Deep Dive | Professional Entry Strategy
π I. Product Definition: What is "Herbicide Foliar Treatment"?
Herbicide foliar treatment refers to chemical formulations designed to kill or inhibit the growth of unwanted plants (weeds) by applying them directly to the leaves. In international trade, these products are classified based on their chemical composition, function, and formulation type.
β οΈ Critical Distinction:
- If the primary purpose is plant protection/pest control β It falls under Chapter 38 (Pesticides/Herbicides).
- If the product is used as a beauty/cosmetic agent (e.g., plant deodorizer/fragrance) β It falls under Chapter 33.
- If it is a food/beverage additive β It falls under Chapter 21.
β οΈ Warning: Misclassification can lead to significant tax discrepancies (from 16.4% to 41.5%) and customs delays.
π¦ II. HS Code Classification Details (2026 Authoritative Comparison)
Based on the provided data, here are the five potential HS Codes for "Herbicide Foliar Treatment," categorized by their logical justification and tax impact.
| HS Code | Product Description & Logic | Total Tax Rate | Key Tax Components |
|---|---|---|---|
3808.93.15.00 |
Herbicide (Foliar Treatment) Direct match for herbicides used for foliar application. Matches the summary "Herbicide (Foliar Treatment) HS Code, use and classification consistent, form is foliar treatment preparation." |
41.5% | Base: 6.5% Add'l: 25.0% (Sec 301) 122 Clause: 10% |
3808.93.50.40 |
Plant Growth Regulator/Pesticide Foliar spray belongs to plant growth regulator or pesticide category. Fits herbicide and plant growth regulator classes. |
40.0% | Base: 5.0% Add'l: 25.0% (Sec 301) 122 Clause: 10% |
3307.90.00.00 |
Chemical Preparation (Cosmetic/Toilet) Foliar spray is classified as plant growth regulator or chemical preparation, fitting the category of cosmetics, toiletries, or other chemical preparations. |
40.4% | Base: 5.4% Add'l: 25.0% (Sec 301) 122 Clause: 10% |
3307.49.00.00 |
Deodorizer/Fragrance for Plants/Environment Foliar spray is used for plant or environmental deodorization/fragrance-related chemical preparations, fitting the formulation characteristics. |
41.0% | Base: 6.0% Add'l: 25.0% (Sec 301) 122 Clause: 10% |
2106.90.99.73 |
Liquid Additive/Beverage Modulator Foliar spray as a liquid additive or modulating component, fitting the logic of beverage preparations, no material conflict. |
16.4% | Base: 6.4% Add'l: 0.0% 122 Clause: 10% |
π Key Insight:
- Most Accurate:3808.93.15.00is the most direct fit for herbicides.
- Lowest Tax (Risky):2106.90.99.73offers the lowest tax (16.4%) but is logically weak for an herbicide unless it is specifically a food-grade additive.
- Highest Tax:3808.93.15.00and3307.49.00.00are the highest (41.5% and 41.0%).
π° III. 2026 Latest Tariff Rate Breakdown (Including Surtaxes & Policy Add-ons)
β Applicable Country: USA (US)
β Origin: China (CN)
β Effective Date: November 10, 2025 (and subsequent imports)
π― 1. 3808.93.15.00 ββ Herbicide (Foliar Treatment) [RECOMMENDED FOR HERBICIDES]
| Item | Details |
|---|---|
| Base Tariff | 6.5% (ad valorem) |
| USITC Surtax (Sec 301) | +25.0% |
| IEEPA/122 Clause Surtax | +10.0% |
| Total Tax Rate | 41.5% |
| Tax Calculation | CIF Value Γ 41.5% |
| De Minimis Eligibility | β No (Denied) |
| Legal Basis Path | IEEPA:9903.01.25 β USITC:3808.93.15.00 β FOOTNOTE:9903.88.01 |
π Explanation:
- This is the standard classification for herbicides. The 25% surtax is under Section 301 of the Trade Act.
- The 10% surtax is under the 122 Clause (IEEPA).
- High Cost Alert: This is a high-tariff item. Ensure your pricing strategy accounts for this.
π― 2. 3808.93.50.40 ββ Plant Growth Regulator/Pesticide
| Item | Details |
|---|---|
| Base Tariff | 5.0% |
| USITC Surtax (Sec 301) | +25.0% |
| IEEPA/122 Clause Surtax | +10.0% |
| Total Tax Rate | 40.0% |
| Tax Calculation | CIF Value Γ 40.0% |
| De Minimis Eligibility | β No |
| Legal Basis Path | IEEPA:9903.01.24 β USITC:3808.93.50.40 |
π Note:
- Slightly lower base tariff (5.0%) than the main herbicide code.
- Suitable if the product is classified as a "plant growth regulator" rather than a direct herbicide.
π― 3. 3307.90.00.00 ββ Chemical Preparation (Cosmetic/Toilet)
| Item | Details |
|---|---|
| Base Tariff | 5.4% |
| USITC Surtax (Sec 301) | +25.0% |
| IEEPA/122 Clause Surtax | +10.0% |
| Total Tax Rate | 40.4% |
| Tax Calculation | CIF Value Γ 40.4% |
| De Minimis Eligibility | β No |
π Caution:
- This code is for "cosmetics, toiletries, or other chemical preparations."
- Risk: Customs may reject this if the product is clearly an herbicide, as it does not match the functional description.
π― 4. 3307.49.00.00 ββ Deodorizer/Fragrance
| Item | Details |
|---|---|
| Base Tariff | 6.0% |
| USITC Surtax (Sec 301) | +25.0% |
| IEEPA/122 Clause Surtax | +10.0% |
| Total Tax Rate | 41.0% |
| Tax Calculation | CIF Value Γ 41.0% |
| De Minimis Eligibility | β No |
π Caution:
- Only applicable if the product is marketed and used as a deodorizer or fragrance for plants/environment.
- Do not use for standard weed-killing herbicides.
π― 5. 2106.90.99.73 ββ Liquid Additive/Beverage Modulator [LOWEST TAX]
| Item | Details |
|---|---|
| Base Tariff | 6.4% |
| USITC Surtax (Sec 301) | 0.0% |
| IEEPA/122 Clause Surtax | 10.0% |
| Total Tax Rate | 16.4% |
| Tax Calculation | CIF Value Γ 16.4% |
| De Minimis Eligibility | β No (Generally) |
π Critical Warning:
- This code has the lowest tax rate (16.4%) because it exempts the 25% Section 301 surtax.
- High Risk: This code is for food/beverage additives. If you import an herbicide under this code, Customs will likely view it as misclassification, leading to penalties, back taxes, and potential seizure.
- Only use if the product is genuinely a food-grade additive and not a pesticide.
π οΈ IV. Customs Clearance Practical Advice (Avoid Pitfalls)
β 1. Preparation Checklist (Essential Documents)
| Document | Required | Notes |
|---|---|---|
| β Product Specification Sheet | βοΈ | Must clearly state: "Herbicide for Foliar Application," active ingredients, concentration. |
| β Safety Data Sheet (SDS) | βοΈ | Required for chemical products. Shows hazard classification. |
| β Product Photos | βοΈ | Clear images of packaging, label, and liquid form. |
| β Commercial Invoice | βοΈ | Must use precise description: "Herbicide, Foliar Treatment, HS Code 3808.93.15.00." |
| β EPA Registration Number | βοΈ | CRITICAL: In the US, herbicides must be registered with the EPA. Provide the EPA Registration Number. |
| β Certificate of Origin (CO) | βοΈ | Needed for tariff calculation. |
| β Packing List | βοΈ | Net/Gross weight, volume, packaging type. |
β 2. Declaration Tips (Key Mnemonics)
π₯ "Clear Function, Accurate Code, EPA Number, Avoid Penalties!"
| Scenario | Correct Declaration | Wrong Action |
|---|---|---|
| Standard Herbicide | 3808.93.15.00 |
Use 2106.90.99.73 β Misclassification Penalty |
| Plant Growth Regulator | 3808.93.50.40 |
Use 3307.90.00.00 β Functional Mismatch |
| Deodorizer/Fragrance | 3307.49.00.00 |
Use 3808.93.15.00 β Overpay Tax |
| Food Additive | 2106.90.99.73 |
Use for Herbicide β Seizure/Fines |
β 3. Special Cases Handling
| Scenario | Advice |
|---|---|
| EPA Registration Missing | Cannot Clear. USDA/EPA enforcement is strict. No registration = No entry. |
| OEM Custom Herbicide | Provide client order + EPA registration under your name or clientβs name. |
| Mixed Shipments | Declare each product separately. Do not combine herbicides with non-hazardous goods in one HS Code. |
| Sample Shipments | Still subject to tariffs and EPA rules. De minimis does not apply to agricultural chemicals. |
π V. Global Market Comparison (2026)
| Country/Region | Recommended HS Code | Tariff (China Origin) | Certification Required | Notes |
|---|---|---|---|---|
| πΊπΈ USA | 3808.93.15.00 |
41.5% | EPA Registration + SDS | Highest tax due to Section 301 & IEEPA. |
| π¨π³ China | 3808.93.15.00 |
5.0% (Est.) | Ministry of Agriculture Registration | No additional surtaxes. |
| πͺπΊ EU | 3808.93.15.00 |
Variable | EU Pesticide Regulation (PPB) | Strict bio-safety laws. |
| π¦πΊ Australia | 3808.93.15.00 |
Variable | APVMA Registration | High bio-security standards. |
| π―π΅ Japan | 3808.93.15.00 |
Variable | Minister of MAFI Registration | MHLW standards apply. |
π Conclusion:
- The USA is the most expensive market due to 41.5% tariff.
- EPA Registration is non-negotiable for the US market.
- Consider pre-classification rulings to avoid disputes.
π VI. Common Mistakes & Pitfalls (Lessons Learned)
β Mistake 1: Using 2106.90.99.73 for herbicides to save tax.
π Result: Customs flags misclassification. Back taxes + fines + product seizure.
β Mistake 2: Missing EPA Registration Number on the invoice.
π Result: Shipment held at port. May be returned or destroyed.
β Mistake 3: Declaring "Chemical Spray" without specifying "Herbicide."
π Result: Customs requests clarification. Delays of 2-4 weeks.
β Mistake 4: Assuming "Foliar Treatment" is a cosmetic.
π Result: Use of 3307.90.00.00 is rejected if product is clearly an herbicide.
β Correct Practice:
"Herbicide, Foliar Treatment, Active Ingredient: [Name], EPA Reg. No: [Number], HS Code: 3808.93.15.00"
π― VII. Conclusion: Precision Classification Saves Money & Time
π― Remember the Mnemonic:
πΉ "Herbicide = 3808, Tax 41.5%, EPA No = No Entry."
πΉ "Tax Gap is 25%, Misclassification is Fatal."
π Pro Tip:
- If your product is not an herbicide but a plant fertilizer or nutrient, it may fall under a different HS Code with lower taxes.
- Apply for an Advance Ruling from US Customs and Border Protection (CBP) to confirm the correct HS Code before shipping.
π£ Take Action Now:
π Contact a Professional Freight Forwarder + Provide Product Label + Get EPA Registration
π Ensure smooth customs clearance, avoid delays, and maximize your profit margin!
β¨ Professional Customs Clearance Starts with Accurate Classification!
πΌ Every Dollar Saved is a Dollar Earned!
Customer Reviews
About HS Code Classification
The Harmonized System (HS) is an internationally standardized nomenclature developed by the World Customs Organization (WCO) to classify traded products. Over 200 countries use the HS system as the basis for customs tariffs, trade statistics, and import/export regulations.
Each HS code follows a hierarchical structure:
- Chapter (2 digits) β Broad category of goods (e.g., Chapter 84: Machinery and Mechanical Appliances)
- Heading (4 digits) β More specific grouping within the chapter
- Subheading (6 digits) β Internationally standardized breakdown, used by all WCO member countries
- National subdivisions (8-10 digits) β Country-specific extensions for further classification, such as US HTSUS 10-digit codes
Correct HS code classification is essential for smooth customs clearance, accurate duty payment, and compliance with trade regulations. Misclassification can lead to customs delays, overpayment of duties, or penalties.
When importing from CN to US, the applicable tariff rates may include:
- Most-Favored-Nation (MFN) rate β The standard duty rate applied to WTO members
- General rate β Applied to countries without trade agreements
- Trade remedy duties β Additional tariffs such as Section 301 (anti-dumping), Section 232 (national security), or countervailing duties
The information provided on this page is for reference purposes only. For official classification, please consult with your local customs authority or a licensed customs broker.