Paraquat HS classification under debate in China

Recently a meeting was held in Beijing to discuss the issue of HS classification of paraquat technical, participated by experts from the Institute for the Control of Agrochemicals of the Ministry of Agriculture (ICAMA), the General Administration of Customs of China, China National Pesticide Standardization Technical Committee, Sinochem Chemical Technology Research Institute and Shandong Pesticide Research Institute. 

In light of the special product property of paraquat and for safety reason, protective measures need to be taken such as to add emetic in the product, which is a usual practice of FAO and China.

Paraquat technical (40%) is classified and put into the category of Chapter 38 by the Publication Ref Z2006-0201 publicized by the General Administration of Customs of China on 22 November 2006, which defines the product like this: the product contains not only technical content but also emetic and corrosion inhibitor which are required for formulation of finished product, thus not complying with the provisions of Item 1, Items 4 – 7 of Note 1 to Chapter 29 of the Customs Tariffs, so it is unclassifiable in Chapter 29; moreover because the product has possessed characteristic of finished product, it is therefore classified and put into the category of Chapter 38 of Customs Tariffs.

However under Item (g), Note 1, Chapter 29, Organic Chemicals, Customs Tariffs of the People’s Republic of China (2012 Edition), it specifies that “products mentioned in (a), (b), (c), (d), (e), or (f) above with an added anti-dusting agent or a colouring or odoriferous substance added to facilitate their identification or for safety reason, provided that the additions do not render the product particularly suitable for specific use rather than for general use.”

So far Chinese Customs Authority endorses its classification of paraquat technical in Chapter 38 while Chinese paraquat manufacturers are of the views that protective additives to paraquat neither affect the crude form of paraquat nor change the general use of paraquat technical and it is reasonable to be classified in Chapter 29.

Chinese paraquat manufacturers, together with China Crop Protection Industry Association and ICAMA, have made an appeal to General Administration of Customs of China for reconsideration of HS classification of paraquat technical.