3808 93 23 — Herbicides based on derivatives of urea, uracil or of sulphonylurea, put up in forms or packings for retail sale or as preparations or articles (excl. goods of subheading 3808.59)

3808 Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulphur-treated bands, wicks and candles, and fly-papers) (+): – Goods specified in Subheading Note 1 to this Chapter: 3808 52 – – DDT (ISO) (clofenotane (INN)), in packings of a net weight content not exceeding 300 g 3808 59 – – Other – Goods specified in Subheading Note 2 to this Chapter: 3808 61 – – In packings of a net weight content not exceeding 300 g 3808 62 – – In packings of a net weight content exceeding 300 g but not exceeding 7.5 kg 3808 69 – – Other – Other: 3808 91 – – Insecticides 3808 92 – – Fungicides 3808 93 – – Herbicides, anti-sprouting products and plant-growth regulators 3808 94 – – Disinfectants 3808 99 – – Other

This heading includes a number of products (other than products having the character of medicinal products, including veterinary medicinal products, heading 3003 or 3004), intended for the destruction of pathogenic microbes, insects (mosquitoes, moths, Colorado beetles, cockroaches, etc.), mosses and molds, weeds, rodents, wild birds, etc. This also includes products designed to deter pests or disinfect seeds. These insecticides, disinfectants, herbicides, fungicides, etc. are used by spraying, pollination, sprinkling, coating, impregnation, etc. or may require burning. In pests, they can cause neurotoxic phenomena, gastric poisoning, suffocation, odor intolerance, etc.

The heading further covers anti-sprouting products and plant-growth regulators, whose purpose is to inhibit or activate physiological processes in plants. Their methods of application vary, and their effect varies accordingly – from destroying plants to enhancing their growth and increasing yields. These products are classified here only in the following cases: (1) When they are put up in packings (such as metal containers or cardboard boxes) for retail sale as disinfectants, insecticides, etc., or in forms (e.g., balls, strings of beads, tablets or plates) which leave no doubt that they are intended for retail sale. Products so put up may or may not be mixtures. Unmixed products are mainly chemically defined products which would otherwise fall in Chapter 29, e.g., naphthalene or 1,4-dichlorobenzene. The heading also covers the following products, provided they are put up for retail sale as disinfectants, fungicides, etc.: (a) organic surface-active products and preparations of the cationic type (e.g., quaternary ammonium salts) having antiseptic, disinfectant and bactericidal or germicidal properties; (b) poly(vinylpyrrolidone)-iodine, which is a reaction product of iodine and poly(vinylpyrrolidone). (2) When the products have the character of a preparation, whatever their form (e.g., liquids, washes or powders). These preparations consist of suspensions or dispersions of the active product in water or in other liquids (e.g., a dispersion of DDT (ISO) (clofenotane (INN), 1,1,1-trichloro-2,2-bis-(p-chlorophenyl)ethane) in water) or of other mixtures. Solutions of active products in solvents other than water are also covered by the heading (e.g., solutions of pyrethrum extract (other than standardised pyrethrum extract) or copper naphthenate in mineral oil). Intermediate preparations requiring further mixing to obtain ready-to-use insecticides, fungicides, disinfectants, etc., are also classified here, provided they already have insecticidal, fungicidal, etc., properties. Insecticidal, disinfecting, etc., preparations may be based on copper compounds (copper acetate, sulphate, acetoarsenite, etc.), sulphur or sulphur compounds (calcium sulphide, carbon disulphide, etc.), mineral creosote oil or anthracene oil, DDT (ISO) (clofenotane (INN), 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane), lindane (ISO, INN), parathion, phenol or cresol derivatives, arsenical products (calcium arsenate, lead arsenate, etc.), materials of vegetable origin (nicotine, tobacco essences and powders, rotenone, pyrethrum, red squill, rape seed oil), plant-growth regulators, natural or synthetic (e.g., 2,4-D), cultures of micro-organisms, etc. Poisoned baits consisting of a foodstuff (wheat grains, bran, molasses, etc.) mixed with a poison are a further example of a preparation covered by this heading.

(3) When presented in the form of products such as sulfur-treated tapes, wicks and candles (for disinfection and fumigation of vats, dwellings, etc.), sticky paper from flies (including also paper coated with glue that does not contain poisonous substances), catching adhesive strips for the protection of fruit trees (including those that do not contain poisonous substances), paper laced with salicylic acid, for jam preservation, paper or small wooden rods coated with lindane (ISO), etc. The products of heading 3808 may be divided into the following groups of goods: (I) Insecticides. This category of insecticides includes not only substances intended to kill insects, but also those that have the properties to deter or attract insects. These products can be presented in a variety of forms, for example, in the form of aerosols or blocks (against moths), in the form of oil or sticks (against mosquitoes), in the form of powder (against ants), tapes (against flies), cyan gas absorbed in diatomite or in cardboard (against fleas and lice). Many insecticides differ in method of action and method of use. Among them are the following: – regulators of insect growth: chemicals that affect the biochemical and physiological processes occurring in the body of insects; – fumigants: chemicals that spread in the air like gases; – chemosterilizers: chemicals used to sterilize part of the insect population; – repellents: substances that prevent insects from invading, because their impact makes their food and living conditions unattractive or unsuitable; – attractants used to attract ins into a trap or poisoned bait. (II) Fungicides. Fungicides are products that prevent the growth of fungi (for example, preparations based on copper compounds) or designed to destroy already existing fungi (for example, preparations based on formaldehyde). Fungicides have their own distinctive methods of action and methods of application. Systematic fungicides – these chemicals move with the juice of the plant in all its parts. Fumigants are chemicals that affect fungi when used in gaseous form.

(iii) Herbicides, anti-sprouting agents, plant growth regulators. Herbicides are chemicals that are used to regulate the growth or destruction of harmful plants. Some herbicides affect as yet unopened parts of plants or seeds, others affect the entire foliage. Herbicides can provide selective effects (i.e., affect only certain types of drugs).

plants) or a non-selective action (i.e., completely destroying all vegetation). This group also includes defoliants, which are chemicals causing premature shedding of the leaves of plants. Anti-sprouting products may be applied to seeds, buds or tubers, or to the soil, in order to prevent or delay sprouting. Plant-growth regulators are applied in order to modify the life processes of plants so as to accelerate or retard growth, increase yields, improve quality or facilitate harvesting, etc. Plant hormones (phytohormones) are one type of plant-growth regulator (e.g., gibberellic acid). Synthetic organic chemicals are also used as plant-growth regulators. (IV) Disinfectants. Disinfectants are agents which destroy or irreversibly inactivate undesirable bacteria, viruses or other micro-organisms, usually on inanimate objects. Disinfectants are used, for example, in hospitals for washing walls, etc., or for sterilising instruments. They are also used in agriculture for disinfecting seeds and in the manufacture of animal feeding stuffs to control undesirable micro-organisms. This group includes sanitisers, bacteriostats and sterilants. The heading also covers products for combating various kinds of mites and ticks (acaricides), molluscs (molluscicides), nematodes (nematicides), rodents (rodenticides), birds (avicides) and other pests (e.g., lampreycides, predacides). The heading excludes: (a) disinfectants, insecticides, etc., whose method of application differs from those described above. These products are classified according to their nature in the appropriate headings, for example: (i) ground pyrethrum flowers (heading 1211); (ii) pyrethrum extract (whether or not standardised by the addition of mineral oil) (heading 1302); (iii) creosote oil or mineral creosote (heading 2707); (iv) naphthalene, DDT (ISO) (clofenotane (INN), 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane) and other separate chemically defined compounds (including aqueous solutions) (Chapter 28 or 29); (v) cultures of micro-organisms used as a base for rodenticides, etc. (heading 3002); (vi) spent oxide (heading 3825); (b) preparations falling in more specific headings of the Nomenclature or having subsidiary disinfectant, insecticidal, etc., properties, for example: (i) anti-fouling paints for ships' hulls, containing toxic substances (heading 3208, 3209 or 3210); (ii) disinfectant soaps (heading 3401); (iii) wax polishes containing DDT (ISO) (clofenotane (INN), 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane) (heading 3405);

(c) disinfectants, insecticides, etc., having the character of medicinal products, including veterinary medicinal products (heading 3003 or 3004); (d) indoor deodorants, whether or not disinfecting (heading 3307). Explanation of subheadings. Subheadings 3808 91 to 3808 99 Multifunctional products falling within more than one subheading are generally classified in accordance with Rule 3 of the Basic Rules of Interpretation of the Nomenclature.

Notes

English text as published in Annex I to Regulation (EU) 2021/1832 (Combined Nomenclature). The EAEU tariff and the EU nomenclature copy these notes from the same convention. For a Russian declaration the binding version is the Russian one: Annex to Decision No 80 of the EEC Council of 14 September 2021.

1. This chapter does not cover:

(a) separate chemically defined elements or compounds with the exception of the following:

(1) artificial graphite (heading 3801);

(2) insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up as described in heading 3808;

(3) products put up as charges for fire-extinguishers or put up in fire-extinguishing grenades (heading 3813);

(4) certified reference materials specified in note 2 below;

(5) products specified in note 3(a) or 3(c) below;

(b) mixtures of chemicals with foodstuffs or other substances with nutritive value, of a kind used in the preparation of human foodstuffs (generally, heading 2106);

(c) products of heading 2404;

(d) slag, ash and residues (including sludges, other than sewage sludge), containing metals, arsenic or their mixtures and meeting the requirements of note 3(a) or 3(b) to Chapter 26 (heading 2620);

(e) medicaments (heading 3003 or 3004); or

(f) spent catalysts of a kind used for the extraction of base metals or for the manufacture of chemical compounds of base metals (heading 2620), spent catalysts of a kind used principally for the recovery of precious metal (heading 7112) or catalysts consisting of metals or metal alloys in the form of, for example, finely divided powder or woven gauze (Section XIV or XV).

2. (A) For the purpose of heading 3822, the expression ‘certified reference materials’ means reference materials which are accompanied by a certificate which indicates the values of the certified properties, the methods used to determine these values and the degree of certainty associated with each value and which are suitable for analytical, calibrating or referencing purposes.

(B) With the exception of the products of Chapter 28 or 29, for the classification of certified reference materials, heading 3822 shall take precedence over any other heading in the nomenclature.

3. Heading 3824 includes the following goods which are not to be classified in any other heading of the nomenclature:

(a) cultured crystals (other than optical elements) weighing not less than 2,5 g each, of magnesium oxide or of the halides of the alkali or alkaline-earth metals;

(b) fusel oil; Dippel's oil;

(c) ink removers put up in packings for retail sale;

(d) stencil correctors, other correcting fluids and correction tapes (other than those of heading 9612), put up in packings for retail sale; and

(e) ceramic firing testers, fusible (for example, Seger cones).

4. Throughout the nomenclature, ‘municipal waste’ means waste of a kind collected from households, hotels, restaurants, hospitals, shops, offices, etc., road and pavement sweepings, as well as construction and demolition waste. Municipal waste generally contains a large variety of materials such as plastics, rubber, wood, paper, textiles, glass, metals, food materials, broken furniture and other damaged or discarded articles. The term ‘municipal waste’, however, does not cover:

(a) individual materials or articles segregated from the waste, for example wastes of plastics, rubber, wood, paper, textiles, glass or metals, electrical and electronic waste and scrap (including spent batteries) which fall in their appropriate headings of the nomenclature;

(b) industrial waste;

(c) waste pharmaceuticals, as defined in note 4(k) to Chapter 30; or

(d) clinical waste, as defined in note 6(a) below.

5. For the purposes of heading 3825, ‘sewage sludge’ means sludge arising from urban effluent treatment plant and includes pre-treatment waste, scourings and unstabilised sludge. Stabilised sludge when suitable for use as fertiliser is excluded (Chapter 31).

6. For the purposes of heading 3825, the expression ‘other wastes’ applies to:

(a) clinical waste, that is, contaminated waste arising from medical research, diagnosis, treatment or other medical, surgical, dental or veterinary procedures, which often contain pathogens and pharmaceutical substances and require special disposal procedures (for example, soiled dressings, used gloves and used syringes);

(b) waste organic solvents;

(c) wastes of metal pickling liquors, hydraulic fluids, brake fluids and anti-freezing fluids; and

(d) other wastes from chemical or allied industries. The expression ‘other wastes’ does not, however, cover wastes which contain mainly petroleum oils or oils obtained from bituminous minerals (heading 2710).

7. For the purposes of heading 3826, the term ‘biodiesel’ means mono-alkyl esters of fatty acids of a kind used as a fuel, derived from animal, vegetable or microbial fats and oils whether or not used.

Subheading notes

English text as published in Annex I to Regulation (EU) 2021/1832 (Combined Nomenclature). The EAEU tariff and the EU nomenclature copy these notes from the same convention. For a Russian declaration the binding version is the Russian one: Annex to Decision No 80 of the EEC Council of 14 September 2021.

1. Subheadings 3808 52 and 3808 59 cover only goods of heading 3808, containing one or more of the following substances : alachlor (ISO); aldicarb (ISO); aldrin (ISO); azinphos-methyl (ISO); binapacryl (ISO); camphechlor (ISO) (toxaphene); captafol (ISO); carbofuran (ISO); chlordane (ISO); chlordimeform (ISO); chlorobenzilate (ISO); DDT (ISO) (clofenotane (INN), 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane); dieldrin (ISO, INN); 4,6-dinitro-o-cresol (DNOC (ISO)) or its salts; dinoseb (ISO), its salts or its esters; endosulfan (ISO); ethylene dibromide (ISO) (1,2-dibromoethane); ethylene dichloride (ISO) (1,2-dichloroethane); fluoroacetamide (ISO); heptachlor (ISO); hexachlorobenzene (ISO); 1,2,3,4,5,6-hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN); mercury compounds; methamidophos (ISO); monocrotophos (ISO); oxirane (ethylene oxide); parathion (ISO); parathion-methyl (ISO) (methyl-parathion); pentachlorophenol (ISO), its salts or its esters; perfluorooctane sulphonic acid and its salts; perfluorooctane sulphonamides; perfluorooctane sulphonyl fluoride; phosphamidon (ISO); 2,4,5-T (ISO) (2,4,5-trichlorophenoxyacetic acid), its salts or its esters; tributyltin compounds; trichlorfon (ISO).

2. Subheadings 3808 61 to 3808 69 cover only goods of heading 3808, containing alpha-cypermethrin (ISO), bendiocarb (ISO), bifenthrin (ISO), chlorfenapyr (ISO), cyfluthrin (ISO), deltamethrin (INN, ISO), etofenprox (INN), fenitrothion (ISO), lambda-cyhalothrin (ISO), malathion (ISO), pirimiphos-methyl (ISO) or propoxur (ISO).

3. Subheadings 3824 81 to 3824 89 cover only mixtures and preparations containing one or more of the following substances : oxirane (ethylene oxide); polybrominated biphenyls (PBBs); polychlorinated biphenyls (PCBs); polychlorinated terphenyls (PCTs); tris(2,3-dibromopropyl) phosphate; aldrin (ISO); camphechlor (ISO) (toxaphene); chlordane (ISO); chlordecone (ISO); DDT (ISO) (clofenotane (INN); 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane); dieldrin (ISO, INN); endosulfan (ISO); endrin (ISO); heptachlor (ISO); mirex (ISO); 1,2,3,4,5,6-hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN); pentachlorobenzene (ISO); hexachlorobenzene (ISO); perfluorooctane sulphonic acid, its salts; perfluorooctane sulphonamides; perfluorooctane sulphonyl fluoride; tetra-, penta-, hexa-, hepta- or octabromodiphenyl ethers; short-chain chlorinated paraffins. Short-chain chlorinated paraffins are mixtures of compounds, with a chlorination degree of more than 48 % by weight, with the following molecular formula : CxH(2x-y+2)Cly, where x=10 – 13 and y= 1 – 13.

4. For the purposes of subheadings 3825 41 and 3825 49, ‘waste organic solvents’ are wastes containing mainly organic solvents, not fit for further use as presented as primary products, whether or not intended for recovery of the solvents.