Chapter 39 covers plastics and articles thereof, including polymers in primary forms, waste, parings and scrap, semi-manufactures and finished articles. Primary forms refer to liquid, paste, block, powder and other forms, including resins, adhesives, etc. This chapter is divided into headings by polymer type, such as polyethylene, polyamide, etc. Note the distinction from Chapter 28 inorganic chemicals and Chapter 29 organic chemicals; plastics are usually high molecular weight compounds obtained by polymerization. Heading 3908 covers polyamides in primary forms, including polyamide-6, polyamide-6,6, polyamide-11, polyamide-12, etc., and their copolymers. Polyamide, commonly known as nylon, has amide groups in the main chain and can be obtained by polycondensation of diamines with diacids or by ring-opening polymerization of lactams. This heading includes chips, powder, granules, flakes and other primary forms, but excludes waste and scrap (except 3908.90) and finished articles (such as fibers of Chapter 54 and articles of other headings of Chapter 39). First 2 digits 39: Chapter 39 plastics and articles thereof, covering all synthetic or natural high molecular weight polymers. Digits 3-4 08: heading 3908, specifically polyamides in primary forms, distinct from other polymers such as polyethylene (3901), polystyrene (3903), etc. Digits 5-6 90: subheading 3908.90, meaning 'other', i.e. polyamides other than polyamide-6, -6,6, -11, -12, -6,9, -6,10, -6,12, including copolymers, modified polyamides and polyamides not elsewhere specified. Note that subheading 3908.10 is for polyamide-6, etc., and 3908.90 is a residual subheading. The goods are polyamides in primary forms, but not specifically named polyamide-6, -6,6, etc., so they are classified under 3908.90. If they were polyamide-6 chips, they should be classified under 3908.10; if they were finished polyamide articles such as nylon filament, they would be classified in Chapter 54; if they were waste and scrap, they would be classified under 3915. Therefore, depending on composition and form, 3908.90 applies to other polyamides in primary forms not elsewhere specified.
Chapter
Chapter 39 covers plastics and articles thereof, including polymers in primary forms, waste, parings and scrap, semi-manufactures and finished articles. Primary forms refer to liquid, paste, block, powder and other forms, including resins, adhesives, etc. This chapter is divided into headings by polymer type, such as polyethylene, polyamide, etc. Note the distinction from Chapter 28 inorganic chemicals and Chapter 29 organic chemicals; plastics are usually high molecular weight compounds obtained by polymerization.
Heading
Heading 3908 covers polyamides in primary forms, including polyamide-6, polyamide-6,6, polyamide-11, polyamide-12, etc., and their copolymers. Polyamide, commonly known as nylon, has amide groups in the main chain and can be obtained by polycondensation of diamines with diacids or by ring-opening polymerization of lactams. This heading includes chips, powder, granules, flakes and other primary forms, but excludes waste and scrap (except 3908.90) and finished articles (such as fibers of Chapter 54 and articles of other headings of Chapter 39).
Digit Breakdown
First 2 digits 39: Chapter 39 plastics and articles thereof, covering all synthetic or natural high molecular weight polymers. Digits 3-4 08: heading 3908, specifically polyamides in primary forms, distinct from other polymers such as polyethylene (3901), polystyrene (3903), etc. Digits 5-6 90: subheading 3908.90, meaning 'other', i.e. polyamides other than polyamide-6, -6,6, -11, -12, -6,9, -6,10, -6,12, including copolymers, modified polyamides and polyamides not elsewhere specified. Note that subheading 3908.10 is for polyamide-6, etc., and 3908.90 is a residual subheading.
Classification Basis
The goods are polyamides in primary forms, but not specifically named polyamide-6, -6,6, etc., so they are classified under 3908.90. If they were polyamide-6 chips, they should be classified under 3908.10; if they were finished polyamide articles such as nylon filament, they would be classified in Chapter 54; if they were waste and scrap, they would be classified under 3915. Therefore, depending on composition and form, 3908.90 applies to other polyamides in primary forms not elsewhere specified.
📝 Declaration Elements
Product name: The specific name of the declared commodity, such as 'polyamide resin' or 'nylon 12 powder', must be consistent with the contract and invoice. Appearance: Describe the physical form of the primary shape, such as chips, granules, powder, flakes, etc., as well as color. Composition and content: List the type and content of polyamide, such as 'polyamide 12 100%' or 'polyamide copolymer 95%, additives 5%'. Source: State whether it is virgin or recycled, such as 'virgin' or 'recycled'; recycled material may involve environmental requirements. Brand: If there is a brand, declare the brand name; if no brand, fill in 'none'. Model: Declare the specific model or grade, such as 'PA12 L1600'. Use: Explain the main use, such as 'for injection molding' or 'for spinning'. Packaging specifications: Declare the packaging method and weight, such as '25 kg/bag'. Product name: polyamide 12 powder; Appearance: white powder; Composition and content: polyamide 12 100%; Source: virgin; Brand: none; Model: PA12; Use: for 3D printing; Packaging specifications: 20 kg/drum. Mistakenly classifying polyamide-6 under 3908.90, when it should actually be under 3908.10. Failure to distinguish primary forms from semi-manufactures; for example, nylon rods should be classified under 3916. Ignoring declaration of recycled material may violate solid waste management regulations.
Product name
The specific name of the declared commodity, such as 'polyamide resin' or 'nylon 12 powder', must be consistent with the contract and invoice.
⚠️ Writing only 'nylon' without specifying the type, leading to classification disputes.
Appearance
Describe the physical form of the primary shape, such as chips, granules, powder, flakes, etc., as well as color.
⚠️ Mistaking 'white granules' for 'white powder', affecting classification.
Composition and content
List the type and content of polyamide, such as 'polyamide 12 100%' or 'polyamide copolymer 95%, additives 5%'.
⚠️ Failure to specify additive components may cause it to be mistaken for modified polyamide.
Source
State whether it is virgin or recycled, such as 'virgin' or 'recycled'; recycled material may involve environmental requirements.
⚠️ Declaring recycled material as virgin, leading to customs questioning.
Brand
If there is a brand, declare the brand name; if no brand, fill in 'none'.
⚠️ Ignoring the brand, leading to intellectual property issues.
Model
Declare the specific model or grade, such as 'PA12 L1600'.
⚠️ Model inconsistent with composition, triggering inspection.
Use
Explain the main use, such as 'for injection molding' or 'for spinning'.
⚠️ Use description too broad, such as 'industrial use'.
Packaging specifications
Declare the packaging method and weight, such as '25 kg/bag'.
⚠️ Packaging unit inconsistent with declaration, affecting statistics.
Example: Product name: polyamide 12 powder; Appearance: white powder; Composition and content: polyamide 12 100%; Source: virgin; Brand: none; Model: PA12; Use: for 3D printing; Packaging specifications: 20 kg/drum.
Common Mistakes:
Mistakenly classifying polyamide-6 under 3908.90, when it should actually be under 3908.10.
Failure to distinguish primary forms from semi-manufactures; for example, nylon rods should be classified under 3916.
Ignoring declaration of recycled material may violate solid waste management regulations.
🎯 Classification Logic
The core basis for classification is: 1) whether the composition is polyamide; 2) whether it is in primary form; 3) whether it is a specifically named polyamide. According to the Import and Export Tariff, 3908.10 includes polyamide-6, -6,6, -11, -12, -6,9, -6,10, -6,12; 3908.90 is for others. If the polyamide is a copolymer or modified, it is usually classified under 3908.90. Reference should also be made to the definition of 'primary forms' in the Explanatory Notes, i.e. liquid, paste, block, powder, etc. 3908.10 Polyamide-6, etc., in primary forms: 3908.10 specifically names polyamide-6, -6,6, -11, -12, etc., while 3908.90 is for other polyamides, such as polyamide-6,10 or copolymers. 3915 Plastic waste and scrap: 3915 is waste and scrap, while 3908.90 is virgin material in primary forms; if it is waste, it should be classified under 3915. 3907 Polyacetals, etc.: 3907 is polyacetals, polyethers, etc., which do not contain amide groups, while 3908.90 is polyamide. 3909 Amino-resins: 3909 is amino-resins such as urea-formaldehyde resins, while 3908.90 is polyamide; the chemical structures are different. 5402 Synthetic filament yarn: 5402 is polyamide filament, while 3908.90 is in primary forms, not spun. Is it indeed polyamide? Is it in primary form? Is it a specifically named polyamide? Does it contain additives? Is it recycled material?
Basis
The core basis for classification is: 1) whether the composition is polyamide; 2) whether it is in primary form; 3) whether it is a specifically named polyamide. According to the Import and Export Tariff, 3908.10 includes polyamide-6, -6,6, -11, -12, -6,9, -6,10, -6,12; 3908.90 is for others. If the polyamide is a copolymer or modified, it is usually classified under 3908.90. Reference should also be made to the definition of 'primary forms' in the Explanatory Notes, i.e. liquid, paste, block, powder, etc.
Confused Codes:
3908.10 - Polyamide-6, etc., in primary forms
3908.10 specifically names polyamide-6, -6,6, -11, -12, etc., while 3908.90 is for other polyamides, such as polyamide-6,10 or copolymers.
3915 - Plastic waste and scrap
3915 is waste and scrap, while 3908.90 is virgin material in primary forms; if it is waste, it should be classified under 3915.
3907 - Polyacetals, etc.
3907 is polyacetals, polyethers, etc., which do not contain amide groups, while 3908.90 is polyamide.
3909 - Amino-resins
3909 is amino-resins such as urea-formaldehyde resins, while 3908.90 is polyamide; the chemical structures are different.
5402 - Synthetic filament yarn
5402 is polyamide filament, while 3908.90 is in primary forms, not spun.
Self-Check:
✓ Is it indeed polyamide?
✓ Is it in primary form?
✓ Is it a specifically named polyamide?
✓ Does it contain additives?
✓ Is it recycled material?
❓ FAQ
How can I check the tariff rate for 3908.90? It can be checked through the General Administration of Customs website, China International Trade Single Window, or the Import and Export Tariff. Rates may change due to trade agreements, origin, etc.; it is recommended to rely on the latest tariff. Are polyamide powder and polyamide granules classified the same? Yes, both belong to primary forms and are classified under 3908.90 (if they are other polyamides). However, if they are finished articles such as film, they are classified under other headings of Chapter 39. Can recycled polyamide be classified under 3908.90? If it is recycled polyamide in primary form, it can still be classified under 3908.90, but it must comply with solid waste management regulations and may require environmental approval documents. How are polyamide copolymers classified? If the copolymer is not named in 3908.10, it is classified under 3908.90. The specific composition and content must be declared. What is the key distinction between 3908.90 and 3908.10? The key is the type of polyamide: 3908.10 includes polyamide-6, -6,6, -11, -12, etc.; others such as polyamide-6,10, -6,12 or copolymers are classified under 3908.90. How should composition and content be filled in when declaring? The type and content of polyamide should be listed in detail, such as 'polyamide 12 100%'. If there are additives, they should also be specified, such as 'polyamide 12 95%, glass fiber 5%'. What regulatory documents are required for importing polyamide? Generally, basic documents such as contract, invoice, packing list, and bill of lading are required. If it is recycled material, a solid waste import license may be required. Specific requirements are subject to customs. What is the export tax rebate for 3908.90? Export tax rebate rates are adjusted, so the latest export tax rebate rate database should be checked. It can usually be checked through the electronic tax bureau or customs information network.
Q: How can I check the tariff rate for 3908.90?
A: It can be checked through the General Administration of Customs website, China International Trade Single Window, or the Import and Export Tariff. Rates may change due to trade agreements, origin, etc.; it is recommended to rely on the latest tariff.
Q: Are polyamide powder and polyamide granules classified the same?
A: Yes, both belong to primary forms and are classified under 3908.90 (if they are other polyamides). However, if they are finished articles such as film, they are classified under other headings of Chapter 39.
Q: Can recycled polyamide be classified under 3908.90?
A: If it is recycled polyamide in primary form, it can still be classified under 3908.90, but it must comply with solid waste management regulations and may require environmental approval documents.
Q: How are polyamide copolymers classified?
A: If the copolymer is not named in 3908.10, it is classified under 3908.90. The specific composition and content must be declared.
Q: What is the key distinction between 3908.90 and 3908.10?
A: The key is the type of polyamide: 3908.10 includes polyamide-6, -6,6, -11, -12, etc.; others such as polyamide-6,10, -6,12 or copolymers are classified under 3908.90.
Q: How should composition and content be filled in when declaring?
A: The type and content of polyamide should be listed in detail, such as 'polyamide 12 100%'. If there are additives, they should also be specified, such as 'polyamide 12 95%, glass fiber 5%'.
Q: What regulatory documents are required for importing polyamide?
A: Generally, basic documents such as contract, invoice, packing list, and bill of lading are required. If it is recycled material, a solid waste import license may be required. Specific requirements are subject to customs.
Q: What is the export tax rebate for 3908.90?
A: Export tax rebate rates are adjusted, so the latest export tax rebate rate database should be checked. It can usually be checked through the electronic tax bureau or customs information network.
⚠️ 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.