HS Chapter 38 covers miscellaneous chemical products, products of the chemical industry that do not fit cleanly into Chapter 28 (inorganic chemicals), Chapter 29 (organic chemicals), or other specialised chemical chapters. The chapter spans 27 four-digit headings (38.01 to 38.27) and is the catch-all for chemical products defined by use rather than by molecular composition. Prepared additives, catalysts, lubricant additives, glues, mould-release agents, anti-knock preparations, fuel additives, biodiesel, surface-active agents, and many other functional chemical formulations all classify within Chapter 38.
Chapter structure
| Range | Coverage |
|---|---|
| 38.01 | Artificial graphite, colloidal graphite |
| 38.02 | Activated carbon and other activated natural mineral products |
| 38.03 | Tall oil |
| 38.04 | Residual lyes from manufacture of wood pulp |
| 38.05-38.07 | Gum, wood, and sulphate turpentine; pine oil; wood tar |
| 38.08 | Insecticides, rodenticides, fungicides, herbicides, pesticide formulations for retail or industrial use |
| 38.09 | Finishing agents, dye carriers, textile auxiliaries |
| 38.10-38.11 | Pickling preparations for metal surfaces; anti-knock preparations, oxidation inhibitors, lubricant additives |
| 38.12 | Prepared rubber accelerators; compound plasticisers; antioxidants |
| 38.13 | Preparations and charges for fire extinguishers |
| 38.14 | Organic composite solvents and thinners |
| 38.15 | Reaction initiators, accelerators, catalytic preparations |
| 38.16 | Refractory cements, mortars, concretes |
| 38.17 | Mixed alkylbenzenes and mixed alkylnaphthalenes |
| 38.18 | Chemical elements doped for use in electronics, for semiconductor manufacture |
| 38.19 | Hydraulic brake fluids, transmission fluids |
| 38.20 | Anti-freezing preparations, de-icing fluids |
| 38.21 | Prepared culture media for microorganisms |
| 38.22 | Diagnostic or laboratory reagents |
| 38.23 | Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols |
| 38.24 | Prepared binders for foundry moulds; chemical products and preparations not elsewhere specified |
| 38.25 | Residual products of the chemical or allied industries (waste streams) |
| 38.26 | Biodiesel and mixtures thereof, not containing or containing less than 70% by weight of petroleum oils |
| 38.27 | Mixtures containing halogenated derivatives of methane, ethane, or propane (refrigerant mixtures, fire-extinguishant blends. Montreal-Protocol-relevant cargoes) |
The chapter is the residual home for chemical preparations that are not classifiable under the structural-composition logic of Chapter 28 or 29. The defining feature: most Chapter 38 products are mixtures or formulations rather than single defined chemicals.
What Chinese exporters ship under Chapter 38
Volume Chinese chemical exports under Chapter 38 include:
| Subheading | Product | Export volume context |
|---|---|---|
| 38.02.10 | Activated carbon for water treatment, gold mining, air filtration | China is the world’s largest exporter; ~80% of global supply |
| 38.08.91 | Insecticides | Volume exports under EU REACH and US EPA pesticide regimes |
| 38.08.94 | Disinfectants | Sodium dichloroisocyanurate (SDIC) and other chlorine-release compounds |
| 38.11.21 | Lubricant additives | Specialty additives for engine oil, hydraulic fluid |
| 38.15.90 | Catalysts | Industrial catalysts including platinum-group metal supported catalysts |
| 38.18.00 | Doped silicon, germanium for semiconductors | Strategic export-controlled cargoes |
| 38.24.99 | Mixed chemicals not elsewhere specified | The single largest single-line catch-all subheading by tonnage |
| 38.26.00 | Biodiesel | Volume exports to EU and US under renewable fuel mandates |
| 38.27 | Refrigerant mixtures | Montreal Protocol controlled |
The 38.24 catch-all (mixtures and preparations not elsewhere specified) is by far the most heavily used in chemical trade. Many specialty chemicals, custom formulations, and proprietary preparations classify under 38.24 because no more specific subheading fits.
Why Chapter 38 catches buyers off guard
Three patterns recur:
- Misclassification between Chapter 38 and Chapter 29. A buyer purchases what is labelled “specialty chemical” expecting Chapter 29 organic chemical classification (typically lower MFN tariff). The factory’s invoice classifies it under 38.24 (catch-all preparation). The two classifications carry different tariff rates and different regulatory triggers. The MFN rate for many 38.24 products is higher than for the Chapter 29 equivalents.
- Catalyst export-control surprises. Many catalysts under 38.15 contain platinum-group metals, rare-earth elements, or other strategic materials. China’s export control regime has progressively expanded to cover specific catalysts, sometimes mid-shipment when a new control list is published. Importers sourcing catalysts should track Chinese export-control announcements for 38.15 products.
- Pesticide formulation regulatory mismatch. Chapter 38.08 pesticide formulations are subject to EPA registration in the US, REACH biocide regulation in the EU, and APVMA registration in Australia. A Chinese factory shipping a generic pesticide formulation under 38.08 cannot simply ship to a US importer; the product itself must be registered in the destination market.
Tariff and trade-remedy profile for Chapter 38
| Subheading | Typical MFN tariff (US) | Section 301 List | AD/CVD orders |
|---|---|---|---|
| 38.02.10 | Free | Yes | Active orders on activated carbon |
| 38.08.94 | 5.0% | Yes | Some product-specific orders |
| 38.11.21 | 6.5% | Yes | Active orders on certain additives |
| 38.15 | Free to 6.5% | Yes | Limited orders |
| 38.24.99 | 5.0% | Yes | Heavy AD/CVD activity (specific products) |
| 38.26.00 | 6.5% | Yes | Active orders on biodiesel |
The catch-all nature of 38.24 means that AD/CVD and Section 301 enforcement on Chapter 38 is less predictable than on Chapter 28 or 29. A specific product may be classified under 38.24.99 for routine customs purposes but may also fall under a product-specific AD/CVD order if it matches the scope language. Always confirm the specific product against active orders before booking.
How Chapter 38 interacts with TSCA and REACH
Chapter 38 mixtures and preparations generally require TSCA/REACH treatment as mixtures:
- Each component substance must be on the relevant inventory
- The mixture as a whole may need additional registration if marketed as a discrete product
- Pesticide formulations under 38.08 require their own registration regime in addition to TSCA/REACH
The mixtures-and-preparations logic of Chapter 38 means that regulatory clearance is often more complex than for a single defined chemical in Chapter 28 or 29.
Related terms
HS Code is the parent classification system. Chapter 28 covers inorganic chemicals. Chapter 29 covers organic chemicals. Anti-Dumping Duty and Section 301 frequently apply to Chapter 38 products. TSCA regulates the constituent substances. Montreal Protocol governs the refrigerant blends in 38.27. GACC is the Chinese export-control authority for strategic materials in Chapter 38.