WCO Explanatory Notes reproduced for reference. © World Customs Organization. Verify against official WCO publication.
38.08 - Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or ackings for retail sale or as reparations or articles (for example, sulphur-treated gands, wicks and candles, an fly-papers) (+). B 3808.50 - Goods specified in Subheading Note 1 to this Chapter - Other : - 3808.91 - Insecticides - - Fungicides 3808.93 - - Herbicides, anti-sprouting products and plant-growth regulators 3808.94 - - Disinfectants 3808.99 - - Other 3808.92 This heading covers a range of products (other than those having the character of medicaments, including veterinary medicaments - heading 30.03 or 30.04) intended to destroy pathogenic germs, insects (mosquitoes, moths, Colorado beetles, cockroaches, etc. , mosses and moulds, weeds, rodents, wild birds, etc. Products intended to repel pests or use for disinfecting seeds are also classified here. d These insecticides, disinfectants, herbicides, fungicides, etc., are applied by spraying, dusting, sprinkling, coating, irnpre ating, etc., or may necessitate combustlon. They achieve their results by nerve-poisoning, y stomach-poisoning, by asphyxiation or by odour, etc. y The heading further covers anti-sprouting products and plant-growth regulators intended to inhibit or promote hysiological rocesses in plants. Their modes of application vary and their effects range from estruction of #I e plant to enhanced growth-vigour and improved crop-yield. B These products are classified here in the following cases only : (1) When they are put up in packings (such as metal containers or paperboard cartons) for retail sale as disinfectants, insecticides, etc., or in suchforms (e. ., in balls, strings of balls, tablets or plates) that there can be no doubt that they wll normal y be sold by retail. B these ways may or ma not be mixtures. The unmixed products are whic would otherwise fall in Chapter 29, e.g., h The heading also includes the following products, provided they are put up for retail sale as disinfectants, fungicides, etc. : (a) Organic surface-active products and preparations, with active cation (e quaternary ammonium salts), having antiseptic, disinfectant, bactericidal or gerrnic&i properties. (b) Poly(viny1 pyrro1idone)-iodine, being a reaction product of iodine and poly(viny1 pyrrolidone). (2) When they have the character of preparations, whatever the presentation (e.g., as liquids, washes or powders). These preparations consist of suspensions or dis ersions of the active roduct in water or in other liquids (e.g., a dispersion of DDT 1~0f(clofenotanc(INN), !,I -trichloro-2,2-bis@chlorophenyl)ethane) m water), or of ot er mixtures. Solutions of acbve products in solvents other than water are also included here (e-g., solutions of pyrethrum extract (other than standardised pyrethrum extract), or copper naphthenate in a mineral oil). f~, Intermediate reparations, re uiring further compoundin to produce the ready-for-use insecticides, &$cides, disin ectants, etc., are also classi led here, provided they already possess insectici al, fungicidal, etc., properties. P P Insecticidal, disinfecting, etc., preparations may have a basis of copper corn ounds (co per acetate, sul hate, acetoarsenite, etc.), of sulphur or sulphur compounds (ca cium sulp ide, carbon disu phide, etc.), of mineral creosote or anthracene oils, of DDT ISO) (clofenotane parathion, of (INN),(1,1,1 -trichloro-2,2-bis chloro henyl)ethane), lindane (ISO, phenol or cresol derivatives, o arsenica products (calcium arsenate, lead arsenate, etc.), of materials of vegetable origin (nicotine, tobacco essences and owders, rotenone, yrethrum, red squill, rape oil), of plant-growth regulators, natura or synthetic (e.g., 3,4-D), of cultures of micro-organisms, etc. P R JP . P P Poisoned bait composed of edible products (wheat ains, bran, molasses, etc.) mixed with poison is another example of the preparations inclu ed in this heading. f (3) When the are put up in the form of articles such as sulphur-treated bands, wicks and candles ( or disinfecting and fumigating vats, living quarters, etc.), fly-papers including t trees those coated with glue not containing poisonous matter), grease bands for including those not containing poisonous matter), papers impregnated with salicylic acid or preserving jams, papers or small wooden sticks coated with lindane (ISO, INN) and acting by combustion, etc. ? 6, $ The products of heading 38.08 can be divided into the following groups : ( Insecticides Insecticides include not only roducts for killing insects, but also those having a r or attractant effect. The prod?ucts may be in a variety of forms such as sprays orT Ilocks ent against moths), oils or sticks (a ainst mosquitoes , powder (against ants), strips (against hies), cyanogen gas absorbed in iatomite or paper oard (against fleas and lice). b Many insecticides are characterised by their mode of action or method of use. Among these are : - insect growth regulators : chemicals which interfere with biochemical and physiological processes in insects. - m g a n t s : chemicals which are distributed in the air as gases. - chemosterilants : chemicals used to sterilise segments of an insect population. - repellents : substances which prevent insect attack by making their food or living conditions unattractive or offensive. - attractants : used to attract insects to traps or poisoned baits. (11) Fungicides Fungicides are products which rotect against the growth of fun&(e.g., prarations based on copper compounds) or whic are designed to eradicate the gi alre y present (e.g., preparations based on formaldehyde). \ Fungicides can be characterised by their mode of action or method of use. Examples of this are : Systemic fungicides Fumigants - these chemicals are translocated in the sap stream from the site of application to other plant parts. chem~calswhich counteract b g i when they are applied to affected materials in a gaseous form. (111) Herbicides, anti-sprouting products, plant-growth regulators Herbicides are chemicals which are used to control or destroy unwanted plants. Some herbicides are applied to dormant plant parts or seeds, while other herbicides are ap lied to the whole foliage. They can provide control which is selective (herbicides whicE affect specific plants) or non-selecbve (herbicides which result in the complete eradication of vegetation). The grou also includes defoliants, which are chemicals intended to cause the leaves or foliage o plants to drop prematurely. ? Anti-sprouting products can be applied to seeds, bulbs, tubers or soils to inhibit or delay germination or sprouting. Plant-growth regulators are applied to alter the life processes of a lant so as to accelerate or retard growth, enhance yield, improve quality or facilitate arvesting, etc. Plant hormones (phytohorrnones are one type of plant-growth regulator (e.g., gibberellic acid). Synthetic organic chemica s are also used as plant-growth regulators. % ? (IV) Disinfectants Disinfectants are agents which destroy or irreversibly inactivate undesirable bacteria, viruses or other micro-organisms, generally on inanimate objects. Disinfectants are used, for example, in hospitals for cleaning walls, etc., or sterilising instruments. They are also used in a iculture for disinfecting seeds and in the manufacture of animal feeds to control undesirab e micro-organisms. f= The group includes sanitisers, bacteriostats and sterilisers. The heading also includes products to control mites and ticks (acaricides), molluscs (molluscicides), nematodes (nematocides), rodents (rodenticides), birds (avicides), and other pests (e.g., larnpreycides, predacides). This beading excludes : (a) Products for disinfecting, insecticidal etc., uses, not answering to the description above. These products are classified according to their nature under the appropriate headings, for example : (i) Ground pyrethrum flowers (heading 12.11). (ii) Pyrethrum extract (whether or not standardised by the addition of mineral oil) (heading 13.02). (iii) Creosote oil or mineral creosote (heading 27.07). I ' B (iv) Na hthalene, DDT IS0 (clofenotane (INN), (1,1,1-trichloro-2,2-bis-(p-chloroheny1)ethane anlother separate c em~callydefined compounds (including aqueous solutions! (Chapter 2 or 29). (v) Cultures of micro-organisms used as a basis for rodenticides, etc. (heading 30.02). (vi) Spent oxide (heading 38.25). (b) P~qaratrons.c o v e d by more specific headings of the Nomenclature, or having subsidiary dismfectmg, insechcidal, etc., propemes, for example : (i) Anti-fouling paints for ships' hulls, containing toxic materials (heading 32.08,32.09 or 32.10). (ii) Disinfectant soaps (heading 34.01). (iii) DDT (ISO) (clofenotane (INN), (l,l,l-trichloro-2,2-his@-ch1orophenyl)ee) wax polishes (heading 34.05). (c) Disinfectants, insecticides, etc., havin the essential character of medicaments, including veterinary medicaments (beading 30.03 or 30.08 (d) Prepared room deodorisers, whether or not having disinfectant properties (heading 33.07).
Notes. 1.- This Chapter does not cover : (a) Separate chemically defined elements or compounds with the exception of the following : (1) Artificial graphite (heading 38.01); (2) Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up as described in heading 38.08; (3) Products put up as charges for fire-extinguishers or put up in fire-extinguishing grenades (heading 38.13); (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 21.06); (c) Products of heading 24.04; (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 26.20); (e) Medicaments (heading 30.03 or 30.04); 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 26.20), spent catalysts of a kind used principally for the recovery of precious metal (heading 71.12) 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 38.22, 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 38.22 shall take precedence over any other heading in the Nomenclature. 3.- Heading 38.24 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 96.12), 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 38.25, “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 38.25, 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 27.10). 7.- For the purposes of heading 38.26, 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. 1.- Subheadings 3808.52 and 3808.59 cover only goods of heading 38.08, 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 38.08, 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 : C H Cl , where x=10 - 13 and y= 1 – 13. x (2x-y+2) y 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.