Security Code 3808945050
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π‘οΈ Pesticides, Rodenticides, Fungicides, Herbicides, Anti-Sprouting Agents, Plant-Growth Regulators, Disinfectants and Similar Products (Miscellaneous)
π HS Code Reference & Clearance Guide | 2026 Latest Tariff Analysis | Professional Customs Strategy π I. Product Definition & Classification: Do You Really Understand "Code 3808.94.50"?
HS Code 3808.94.50 falls under Chapter 38, which covers "Miscellaneous chemical products." Specifically, it is a sub-category of Insecticides, Rodenticides, Fungicides, Herbicides, Anti-Sprouting Agents, Plant-Growth Regulators, Disinfectants and Similar Products.
This code is typically used for biological or semi-synthetic pesticides that do not contain mercury, arsenic, or other heavy metals defined in other specific sub-headings (like 3808.91 for arsenic-based or 3808.93 for organo-mercury). It often includes products like: * Bio-pesticides (derived from natural materials like animals, plants, bacteria, or certain minerals). * Insecticidal soaps. * Plant-derived extracts used for pest control. * Non-toxic or low-toxicity alternatives to traditional synthetic chemicals.
β οΈ Key Distinction:
- If the product contains arsenic or mercury derivatives β It falls under 3808.91 or 3808.93.
- If it is a pure chemical insecticide (like pyrethroids, organophosphates) β It usually falls under 3808.94.10 or 3808.94.30.
- 3808.94.50 is the "catch-all" or specific category for other insecticides/rodenticides/fungicides that are not the primary synthetic chemicals, often including biological agents or specialized formulations.
π¦ II. HS Code Classification Details (2026 Latest Tariff Authority)
| HS Code | Product Description | Application Scenario | Contains Heavy Metals (As/Hg)? |
|---|---|---|---|
3808.94.50 |
Other insecticides, rodenticides, fungicides, herbicides, anti-sprouting agents, plant-growth regulators, disinfectants and similar products | Bio-pesticides, natural extracts, specialized eco-friendly pest control products | β No |
3808.94.10 |
Insecticides | Synthetic insecticides (e.g., pyrethroids) | β No |
3808.94.30 |
Rodenticides | Synthetic rodenticides | β No |
3808.91.10 |
Arsenic compounds | Inorganic arsenic-based pesticides | β Yes (Arsenic) |
3808.93.10 |
Organo-mercury compounds | Mercury-based fungicides | β Yes (Mercury) |
π Important Reminder:
- Biological pesticides (e.g., Bacillus thuringiensis, neem oil extracts) are often classified under 3808.94.50 if they are not explicitly listed elsewhere.
- Misclassification Risk: Declaring a synthetic pyrethroid as "biological" to avoid higher tariffs or regulations is a common customs violation. Ensure your productβs active ingredient matches the classification.
- Regulatory Compliance: Products under 3808.94.50 may still require EPA (in the US) or equivalent environmental/health agency approval.
π° III. 2026 Latest Tariff Rate Details (Including Surtaxes, Policy Add-ons)
β Applicable Country: United States (US)
β Country of Origin: China (CN)
β Effective Date: November 10, 2025 (and subsequent imports)
π― 1. 3808.94.50 ββ Other Insecticides/Rodenticides/Fungicides (Biological/Specialized)
| Item | Content |
|---|---|
| Base Tariff Rate | 5.7% (ad valorem) |
| USITC Surtax (Section 301) | +7.5% (Footnote 9903.88.01, as of 2026 adjustments) |
| IEEPA Surtax (China-Specific) | +10% (Under International Emergency Economic Powers Act) |
| Total Tariff Rate | 23.2% |
| Tax Calculation | CIF Value Γ 23.2% |
| De Minimis Eligibility | β No (deny_de_minimis) β Pesticides are strictly regulated |
| Legal Basis Path | IEEPA:9903.01.25 β USITC:3808.94.50 β FOOTNOTE:9903.88.01 |
π Explanation:
- "USITC Surtax 7.5%": Reflects the partial rollback or adjustment of Section 301 tariffs for certain chemical products in 2025/2026.
- "IEEPA 10%": The standard surtax for Chinese-origin goods under current US trade policy.
- Total 23.2%: This is a moderate-to-high tariff for chemical products. Unlike electronics (which can face 45%+), pesticides face strict regulatory and tariff scrutiny.
- De Minimis Exclusion: Unlike textiles or small consumer goods, pesticides are never eligible for de minimis (Section 321) exemptions. Every shipment must be formally entered.
π οΈ IV. Clearance Practical Advice (Battlefield Pit-Avoidance Guide)
β 1. Required Documentation Checklist (Non-Negotiable)
| Document | Must Provide | Notes |
|---|---|---|
| β Product Specification Sheet | βοΈ | Must list active ingredients, concentration, CAS numbers, and chemical structure. |
| β EPA Registration Number | βοΈ | Critical! If the product is sold in the US, it must be EPA-registered. Provide the EPA registration number on the commercial invoice. |
| β Safety Data Sheet (SDS) | βοΈ | Required for HazMat handling. Must comply with OSHA GHS standards. |
| β Certificate of Analysis (COA) | βοΈ | To prove purity and composition. |
| β Commercial Invoice | βοΈ | Clearly state: "EPA Registered [Product Name], Registration No. [XXXXXX]" |
| β Country of Origin Certificate | βοΈ | For tariff determination. |
| β Import License (if applicable) | βοΈ | Some biologicals may require USDA APHIS permits. |
β 2. Declaration Tips (Key Mantra)
π₯ "No EPA Number, No Entry! Ingredients Clear, Hazmat Care!"
| Scenario | Correct Declaration | Wrong Practice |
|---|---|---|
| EPA-Registered Pesticide | 3808.94.50 with EPA No. |
Declaring as "Fertilizer" or "Plant Food" β Customs Seizure |
| Bio-pesticide | 3808.94.50 with SDS |
Declaring as "Organic Supplement" β Misclassification |
| Unregistered Product | Do Not Import | Attempting to declare as "Household Cleaner" β Illegal |
| Mixed Package (Pesticide + Tool) | Separate HS Codes | Mixing β Delayed Clearance |
β οΈ Critical Warning:
- Do not misdeclare pesticides as "fertilizers" or "cleaners." The FDA and EPA cross-check shipments. If the product kills pests but is declared as a cleaner, it will be seized, and you may face fines.
- Active Ingredients Must Match: The CAS number on the SDS must match the EPA registration database.
β 3. Special Case Handling
| Scenario | Handling Advice |
|---|---|
| OEM/Private Label | Ensure the EPA registration is transferred or re-registered under your brand. The importer must be listed as the registrant or agent. |
| Biological Agents (e.g., Nematodes, Bacteria) | May require USDA APHIS permit in addition to EPA. Declare as "Live Biologicals" if applicable. |
| Samples for Testing | Still require formal entry if over $2,500. Below $2,500, may qualify for Section 321 only if not EPA-regulated. But most pesticides are regulated β Always declare. |
| Hybrid Products (Fertilizer + Pesticide) | If the primary function is pest control, classify under 3808. If fertilizer, classify under 3105. Primary use determines classification. |
π V. Global Major Market Clearance Comparison (2026 Latest)
| Country/Region | Recommended HS Code | Tariff | Certification Requirement | Notes |
|---|---|---|---|---|
| πΊπΈ United States | 3808.94.50 |
23.2% (CN) | EPA Registration + SDS | Strict enforcement. No de minimis. |
| π¨π³ China | 3808.94.50 |
6.5% | Mined Pesticide Registration | Domestic production priority. |
| πͺπΊ European Union | 3808.94.50 |
6.5% | EU Biocidal Products Regulation (BPR) | BPR registration is mandatory and costly. |
| π―π΅ Japan | 3808.94.50 |
8.0% | Ministry of Agriculture (MAFF) Approval | Stringent residue limits. |
| π¦πΊ Australia | 3808.94.50 |
5.0% | APVMA Registration | APVMA approval required before import. |
π Conclusion:
- All major markets require specific regulatory approval (EPA, BPR, APVMA, etc.) before customs clearance.
- The US (23.2%) and EU (6.5% + compliance cost) are the most stringent.
- Chinaβs domestic tariff is lower (6.5%), but imports still face strict environmental checks.
π VI. Common Mistakes & Pitfall Guide (Lessons Learned from Blood and Tears)
β Mistake 1: Declaring a pesticide as "Plant Food" or "Fertilizer"
π Consequence: EPA/FDA investigation, product seizure, fines up to $10,000+ per shipment, and potential criminal charges.
β Mistake 2: Missing the EPA Registration Number on the Invoice
π Consequence: Customs will hold the goods, requiring you to provide proof. Delays of 2-4 weeks are common.
β Mistake 3: Using "General Chemicals" as the Description
π Consequence: CBP may classify under a higher tariff code or flag for HazMat review. Always be specific.
β Mistake 4: Ignoring SDS Requirements
π Consequence: Carrier rejection. Freight forwarders will refuse to accept shipments without a compliant SDS.
β Correct Practice:
"EPA Registered Insecticide [Product Name], Active Ingredient: [X]% Neem Oil, EPA Reg. No. 123456-78, Biodegradable, For Agricultural Use Only"
π― VII. Conclusion: Precise Classification, Safe Clearance, Cost Control!
π― Remember the Mantra:
πΉ "No EPA Number, No Entry! Ingredients Clear, Hazmat Care!"
πΉ "HS Code 3808.94.50 means Pesticide β Pay the 23.2% and Prepare the Docs!"
π Pro Tips:
- If your product is not EPA-registered, do not ship to the US.
- Consider pre-clearance services or hiring a customs broker specializing in chemicals to avoid delays.
- For biologicals, check USDA APHIS requirements before production.
π£ Immediate Action:
π Verify EPA Registration + Prepare SDS + Hire Specialized Broker
π Ensure Your Pesticides Clear Customs Smoothly and Legally!
β¨ Professional Clearance Starts with Accurate Classification!
πΌ Every Penny of Cost Should Be Calculated Precisely!
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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.