Chapter 39 covers plastics and articles thereof, including polymers in primary forms, synthetic rubber, semi-finished products, and waste and scrap. This chapter is a core chapter in the HS classification for chemical and plastic products, involving the definition of polymers, modification, and rules for classifying copolymers. Primary forms refer to liquid, paste, block, powder, granule, and other unprocessed forms, as distinct from semi-finished or finished products. Heading 3907 covers polyacetals, other polyethers and epoxide resins, polycarbonates, alkyd resins, polyallyl esters and other polyesters, in primary forms. Polymers under this heading are usually obtained by polycondensation or addition polymerization and must meet the definition of polymers in the Notes to Chapter 39, such as polyesters including polyethylene terephthalate, polylactic acid, etc. The first 2 digits 39 represent Chapter 39, plastics and articles thereof. Digits 3-4, 07, represent heading 3907, namely polyacetals, other polyethers and epoxide resins, polycarbonates, alkyd resins, polyallyl esters and other polyesters, in primary forms. Digits 5-6, 70, represent subheading 390770, specifically polylactic acid in primary forms. Polylactic acid is an aliphatic polyester obtained by polycondensation of lactic acid monomers or ring-opening polymerization of lactide, and is a specifically named product under other polyesters. This product is polylactic acid in primary form, a synthetic polyester, and meets the description of heading 3907. Since polylactic acid is specifically named under 3907 (subheading 390770), it is not classified under 3907.69 (other polyesters) or 3907.99 (other). At the same time, polylactic acid is not among the other polymers of 3901-3910, nor does it belong to the petroleum resins or regenerated cellulose of 3911-3914.
Chapter
Chapter 39 covers plastics and articles thereof, including polymers in primary forms, synthetic rubber, semi-finished products, and waste and scrap. This chapter is a core chapter in the HS classification for chemical and plastic products, involving the definition of polymers, modification, and rules for classifying copolymers. Primary forms refer to liquid, paste, block, powder, granule, and other unprocessed forms, as distinct from semi-finished or finished products.
Heading
Heading 3907 covers polyacetals, other polyethers and epoxide resins, polycarbonates, alkyd resins, polyallyl esters and other polyesters, in primary forms. Polymers under this heading are usually obtained by polycondensation or addition polymerization and must meet the definition of polymers in the Notes to Chapter 39, such as polyesters including polyethylene terephthalate, polylactic acid, etc.
Digit Breakdown
The first 2 digits 39 represent Chapter 39, plastics and articles thereof. Digits 3-4, 07, represent heading 3907, namely polyacetals, other polyethers and epoxide resins, polycarbonates, alkyd resins, polyallyl esters and other polyesters, in primary forms. Digits 5-6, 70, represent subheading 390770, specifically polylactic acid in primary forms. Polylactic acid is an aliphatic polyester obtained by polycondensation of lactic acid monomers or ring-opening polymerization of lactide, and is a specifically named product under other polyesters.
Classification Basis
This product is polylactic acid in primary form, a synthetic polyester, and meets the description of heading 3907. Since polylactic acid is specifically named under 3907 (subheading 390770), it is not classified under 3907.69 (other polyesters) or 3907.99 (other). At the same time, polylactic acid is not among the other polymers of 3901-3910, nor does it belong to the petroleum resins or regenerated cellulose of 3911-3914.
📝 Declaration Elements
Product name: The specific name of the declared commodity, such as polylactic acid, polylactic acid resin, etc., which must be consistent with the contract and invoice. Appearance: Describe the physical state of the primary form, such as granules, powder, liquid, blocks, etc., and it must be specific. Composition content: The purity of polylactic acid or the mixing ratio with other components, such as polylactic acid content >= 99%. Grade: Indicate whether it is injection grade, extrusion grade, fiber grade, etc., which affects use and classification. Brand: Manufacturer or trader brand, such as NatureWorks, Total Corbion, etc. Model: Specific grade or model, such as Ingeo 2003D, LX175, etc. Use: Main application fields, such as packaging, fiber, 3D printing, medical, etc. CAS number: The Chemical Abstracts Service registry number of polylactic acid, usually 26100-51-6 or 9051-89-2. Product name: Polylactic acid; Appearance: Light yellow granules; Composition content: Polylactic acid >= 99%, moisture <= 0.1%; Grade: Injection grade; Brand: NatureWorks; Model: Ingeo 2003D; Use: Used for disposable tableware and packaging materials; CAS number: 26100-51-6. Mistaking polylactic acid for polylactic acid fiber, the latter should be classified under Chapter 54 or Chapter 55. Failure to distinguish polylactic acid homopolymers from copolymers; copolymers may be classified under other subheadings. Failure to specify primary form when declaring appearance; if written as "sheet", it may be classified under other headings of Chapter 39.
Product name
The specific name of the declared commodity, such as polylactic acid, polylactic acid resin, etc., which must be consistent with the contract and invoice.
⚠️ Mistakenly written as "polylactic acid products" or "polylactic acid fiber", leading to classification errors.
Appearance
Describe the physical state of the primary form, such as granules, powder, liquid, blocks, etc., and it must be specific.
⚠️ Only writing "solid" or "translucent", without specifying granules or powder.
Composition content
The purity of polylactic acid or the mixing ratio with other components, such as polylactic acid content >= 99%.
⚠️ Failure to indicate whether additives or comonomers are contained, such as lactic acid-glycolic acid copolymer.
Grade
Indicate whether it is injection grade, extrusion grade, fiber grade, etc., which affects use and classification.
⚠️ Omitting the grade, or it is inconsistent with the actual use.
Brand
Manufacturer or trader brand, such as NatureWorks, Total Corbion, etc.
⚠️ Failure to fill in "no brand" when there is no brand, or filling in the wrong brand.
Model
Specific grade or model, such as Ingeo 2003D, LX175, etc.
⚠️ The model contradicts the composition content, or no model is provided.
Use
Main application fields, such as packaging, fiber, 3D printing, medical, etc.
⚠️ The use description is too broad, such as "industrial use".
CAS number
The Chemical Abstracts Service registry number of polylactic acid, usually 26100-51-6 or 9051-89-2.
⚠️ The CAS number is filled in incorrectly or does not match the product.
Example： Product name: Polylactic acid; Appearance: Light yellow granules; Composition content: Polylactic acid >= 99%, moisture <= 0.1%; Grade: Injection grade; Brand: NatureWorks; Model: Ingeo 2003D; Use: Used for disposable tableware and packaging materials; CAS number: 26100-51-6.
Common Mistakes：
Mistaking polylactic acid for polylactic acid fiber, the latter should be classified under Chapter 54 or Chapter 55.
Failure to distinguish polylactic acid homopolymers from copolymers; copolymers may be classified under other subheadings.
Failure to specify primary form when declaring appearance; if written as "sheet", it may be classified under other headings of Chapter 39.
🎯 Classification Logic
The core basis for classification is the Notes to HS Chapter 39 and the text of heading 3907. Polylactic acid is an aliphatic polyester formed by polymerization of lactic acid monomers, is a synthetic polymer, and meets the definition of "primary forms" in Chapter 39. According to the specific name in subheading 3907.70, polylactic acid in primary forms should be classified under this code. If polylactic acid has been modified or mixed with other substances, it must be determined whether it still retains the essential character of polylactic acid. If it is a copolymer, it must be checked whether it is named in other subheadings of 3907. 390769 Other polyesters: 390769 is for other polyesters not elsewhere specified, such as polycaprolactone, etc. Polylactic acid is specifically named in 390770, so it is not classified under 390769. 390799 Other polyesters: 390799 is a secondary subheading for other polyesters, generally referring to polyesters not specifically named. Polylactic acid has a specific name and is preferentially classified under 390770. 390610 Poly(methyl methacrylate) in primary forms: Poly(methyl methacrylate) is an acrylic polymer and differs chemically from polylactic acid; classification is based on different monomer units. 391390 Other natural polymers and modified natural polymers, in primary forms: Polylactic acid is a synthetic polymer, not a natural polymer, so it is not classified under 391390. 390210 Polypropylene in primary forms: Polypropylene is an olefin polymer and belongs to a different heading in Chapter 39, with different chemical composition and polymerization method. Is it indeed in primary form (granules, powder, liquid, etc.)? Is it a polylactic acid homopolymer or copolymer? Does it contain additives or fillers? Is it specifically named under 390770? Is it distinguished from polylactic acid fiber or articles?
Basis
The core basis for classification is the Notes to HS Chapter 39 and the text of heading 3907. Polylactic acid is an aliphatic polyester formed by polymerization of lactic acid monomers, is a synthetic polymer, and meets the definition of "primary forms" in Chapter 39. According to the specific name in subheading 3907.70, polylactic acid in primary forms should be classified under this code. If polylactic acid has been modified or mixed with other substances, it must be determined whether it still retains the essential character of polylactic acid. If it is a copolymer, it must be checked whether it is named in other subheadings of 3907.
Confused Codes：
390769 - Other polyesters
390769 is for other polyesters not elsewhere specified, such as polycaprolactone, etc. Polylactic acid is specifically named in 390770, so it is not classified under 390769.
390799 - Other polyesters
390799 is a secondary subheading for other polyesters, generally referring to polyesters not specifically named. Polylactic acid has a specific name and is preferentially classified under 390770.
390610 - Poly(methyl methacrylate) in primary forms
Poly(methyl methacrylate) is an acrylic polymer and differs chemically from polylactic acid; classification is based on different monomer units.
391390 - Other natural polymers and modified natural polymers, in primary forms
Polylactic acid is a synthetic polymer, not a natural polymer, so it is not classified under 391390.
390210 - Polypropylene in primary forms
Polypropylene is an olefin polymer and belongs to a different heading in Chapter 39, with different chemical composition and polymerization method.
Self-Check：
✓ Is it indeed in primary form (granules, powder, liquid, etc.)?
✓ Is it a polylactic acid homopolymer or copolymer?
✓ Does it contain additives or fillers?
✓ Is it specifically named under 390770?
✓ Is it distinguished from polylactic acid fiber or articles?
❓ FAQ
How can I inquire about the HS code for polylactic acid? First confirm that the commodity is polylactic acid in primary form, then consult HS Chapter 39 heading 3907, subheading 390770. It can be confirmed through customs tariff schedules, HS databases, or by consulting a customs broker. Note the distinction between homopolymers and copolymers. Are the HS codes for polylactic acid granules and polylactic acid powder the same? Yes, as long as they are in primary forms, whether granules, powder, or liquid, they are classified under 390770. However, if processed into sheets, films, etc., they may be classified under other headings. How are polylactic acid copolymers classified? If polylactic acid is the main component of the copolymer and it is not named in other subheadings, it may still be classified under 390770. However, if the copolymer has another specific name, such as polylactic acid-polyglycolic acid copolymer, it must be determined based on composition and specific name. How should the composition content be filled in when declaring? The percentage of polylactic acid should be filled in, and additives or comonomers should be indicated. For example: polylactic acid 95%, talc powder 5%. Avoid writing only "pure polylactic acid" without providing specific data. What regulatory conditions are required for importing polylactic acid? Regulatory conditions vary by country and usually require composition test reports, MSDS, etc. For details, consult the General Administration of Customs or local customs. Tax rates may change, so it is recommended to check the latest tariff schedule. What is the difference between the HS codes for polylactic acid and polyglycolic acid (PGA)? Polyglycolic acid is not specifically named under 3907 and is usually classified under 390769 or 390799. Polylactic acid has the specific name 390770, and the two have different chemical structures. If polylactic acid is used for 3D printing, does the classification change? Classification depends on form rather than use. If it is filament or granules in primary form, it is still classified under 390770. If it is a finished 3D printed product, it is classified under other chapters. How can I avoid classification errors for polylactic acid? Ensure that the declaration elements are complete and accurate, especially appearance, composition, and grade. Reference may be made to customs classification decisions or advance classification. Apply for an advance classification ruling when necessary.
Q: How can I inquire about the HS code for polylactic acid?
A: First confirm that the commodity is polylactic acid in primary form, then consult HS Chapter 39 heading 3907, subheading 390770. It can be confirmed through customs tariff schedules, HS databases, or by consulting a customs broker. Note the distinction between homopolymers and copolymers.
Q: Are the HS codes for polylactic acid granules and polylactic acid powder the same?
A: Yes, as long as they are in primary forms, whether granules, powder, or liquid, they are classified under 390770. However, if processed into sheets, films, etc., they may be classified under other headings.
Q: How are polylactic acid copolymers classified?
A: If polylactic acid is the main component of the copolymer and it is not named in other subheadings, it may still be classified under 390770. However, if the copolymer has another specific name, such as polylactic acid-polyglycolic acid copolymer, it must be determined based on composition and specific name.
Q: How should the composition content be filled in when declaring?
A: The percentage of polylactic acid should be filled in, and additives or comonomers should be indicated. For example: polylactic acid 95%, talc powder 5%. Avoid writing only "pure polylactic acid" without providing specific data.
Q: What regulatory conditions are required for importing polylactic acid?
A: Regulatory conditions vary by country and usually require composition test reports, MSDS, etc. For details, consult the General Administration of Customs or local customs. Tax rates may change, so it is recommended to check the latest tariff schedule.
Q: What is the difference between the HS codes for polylactic acid and polyglycolic acid (PGA)?
A: Polyglycolic acid is not specifically named under 3907 and is usually classified under 390769 or 390799. Polylactic acid has the specific name 390770, and the two have different chemical structures.
Q: If polylactic acid is used for 3D printing, does the classification change?
A: Classification depends on form rather than use. If it is filament or granules in primary form, it is still classified under 390770. If it is a finished 3D printed product, it is classified under other chapters.
Q: How can I avoid classification errors for polylactic acid?
A: Ensure that the declaration elements are complete and accurate, especially appearance, composition, and grade. Reference may be made to customs classification decisions or advance classification. Apply for an advance classification ruling when necessary.
⚠️ Disclaimer: HS code classification, declaration elements, tariff rates and regulatory conditions on this page are for reference only and do not constitute legal advice on customs classification. Tariff rates and regulations are subject to change; the latest announcements from the General Administration of Customs and on-site determinations shall prevail. Please consult professional customs brokers or customs authorities before import/export.