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38

Tariff Chapter 38

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)

380859
Other
Duty:0-6%

What does heading 3808 of the customs tariff cover?

Heading 3808 covers insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants, and similar products. It applies to plant protection products and biocidal products. Duty rates vary by product type. Plant protection products require EU authorization (Regulation 1107/2009) and national registration. Biocidal products are subject to BPR 528/2012. Poland, as one of the largest agricultural producers in the EU, is a significant market for plant protection products. Heading 3808 is part of Chapter 38 (chemical industry products, pharmaceuticals and fertilizers) of the Combined Nomenclature (CN) used in the European Union. This classification is based on the Harmonized System (HS) developed by the World Customs Organization (WCO), which is used in over 200 countries worldwide. The EU Combined Nomenclature extends the HS with additional 8-digit subheadings, while the TARIC system adds 10-digit codes for identifying specific trade measures. Each 4-digit heading such as 3808 is subdivided into 6-digit (HS), 8-digit (CN) and 10-digit (TARIC) subheadings that specify the type of goods for the purpose of applying the correct duty rates, trade measures and regulatory requirements. Correct determination of the 10-digit code is essential for establishing the amount of customs duties and taxes, as well as required permits and certificates. Classification of goods under heading 3808 must follow the General Rules for the Interpretation (GRI) of the Combined Nomenclature. Rule 1 states that classification is determined primarily by the terms of the headings and the relevant section or chapter notes. The Explanatory Notes to the Harmonized System and the Combined Nomenclature clarify the scope of each heading and are essential references for importers and customs brokers.

Duty rates and import requirements for heading 3808

Duty rates vary by product type. Plant protection products require EU authorization (Regulation 1107/2009) and national registration. Import of agrochemicals supports intensive agricultural production. Duty rates vary — check CN subheading based on product type. Plant protection products require EU authorization and national registration. Biocidal products subject to BPR — authorization or national registration required. Transport of chemical products subject to ADR — dangerous goods documentation required. When importing goods under heading 3808 into the European Union, attention must be paid to applicable duty rates, which depend on the specific subheading (8- or 10-digit code) and the country of origin. MFN (Most Favoured Nation) duty rates apply to imports from countries with which the EU does not have preferential trade agreements. Current rates can be checked in the EU TARIC database on the European Commission website. Import of goods under heading 3808 may benefit from preferential duty rates under Free Trade Agreements (FTAs) concluded by the EU with third countries, the Generalised Scheme of Preferences (GSP) for developing countries, or autonomous tariff suspensions. Claiming preferences requires presentation of appropriate proof of origin (EUR.1 certificate, origin declaration, REX certificate or statement on origin under the registered exporter system). Goods under heading 3808 are subject to REACH, CLP and GHS controls. Required documentation includes: Safety Data Sheets (SDS), ECHA registration, GMP certificates (for pharmaceuticals). In addition to customs duty, imports are subject to VAT at the rate applicable in the country of destination. The VAT taxable amount at import is the customs value plus duty and any countervailing or anti-dumping duties. The importer must file an electronic customs declaration in the national import system.

Classification of goods under heading 3808 — key considerations

Heading 3808 covers insecticides, rodenticides, fungicides, herbicides. Chapter 38 is a residual chapter for miscellaneous chemical products not in Chapters 28-37. Classification requires excluding defined compounds (Ch 28/29), medicines (30), fertilizers (31), dyes (32), cosmetics (33), soaps (34). Diagnostic reagents: 3822. Plant protection products: 3808. Mixed solvents: 3814.

Frequently asked questions

What customs duty rates apply to plant protection products and biocides under heading 3808?
Duty rates for heading 3808 products vary by product type and CN subheading. Insecticides, fungicides, and herbicides are subject to rates from 0% to 6.5%. Classification depends on the active substance and use form (concentrate, ready-to-use preparation, aerosol). Disinfectants may carry different rates than plant protection products. Correct classification requires knowledge of chemical composition and intended use of the product. Current duty rates should be verified in the European Commission's TARIC database. Classification follows the Combined Nomenclature (CN) of the European Union.
What documents and authorisations are required for importing plant protection products into the EU?
Importing plant protection products requires EU authorisation under Regulation (EC) No 1107/2009 and national registration in each Member State where the product will be marketed. The active substance must be approved at EU level. Safety Data Sheets (SDS), REACH compliance declarations, and toxicological documentation are required. Biocidal products are subject to separate regulation under Regulation (EU) No 528/2012 with its own authorisation procedure. This applies to goods classified under heading 3808 of the Combined Nomenclature. Current duty rates should be verified in the European Commission's TARIC database. Classification follows the Combined Nomenclature (CN) of the European Union.
What practical considerations apply when importing insecticides and herbicides from outside the EU?
When importing plant protection products, obtaining national registration before market entry is essential and may take up to several months. Restrictions on active substances banned in the EU (e.g., neonicotinoids) must be considered. Transport requires compliance with ADR regulations for dangerous goods. Packaging must meet CLP labelling and classification requirements. Check whether the product is subject to anti-dumping duties from certain countries of origin. This applies to goods classified under heading 3808 of the Combined Nomenclature. Current duty rates should be verified in the European Commission's TARIC database. Classification follows the Combined Nomenclature (CN) of the European Union.