Under the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer coming into force on 1st January 2019 may present a challenge for countries, as the most recent HS Nomenclature 2017 edition did not include individual codes for HFCs and the next HS edition which will include specific HS codes for the most commonly traded HFCs and mixtures, will only enter into force in 2022. Prior to the official entry into force and for those countries that do not promptly adopt the 2022HS Amendments (after their entry into force), it isimportant for governments, particularly customs and enforcement officers, to be able to identify, monitor and control imports and exports of HFCs. It will not be possible, based on customs data that relies only on existing HS codes, for customs to differentiate between imported/exported HFCs and other fluorinated, brominated or iodinated substances. A special approach is therefore needed.
Maximizing the benefits from the global phase-down of HFCs
The Kigali Amendment has entered into force and each country that is Party to the Amendment is required have in place an import and export licensing system for HFCs. To enable countries to effectively monitor, control and report data on imports and exports of specific HFCs and HFC-containing mixtures, the creation of specific individual HS codes for HFCs at the national level is therefore very much required.
The 2022 HS, which will include specific codes for HFC and HFC-containing mixtures will officially enter into force on 1 January, 2022. In advance of this release, there are actions which countries can take in the interim.
The suggested approach, recommended by the WCO, is to establish additional digits the national HS codes to identify specific HFCs. These codescan be used in the interim until the country adopts the 2022 HS. This publication has provided an overview of the additional subdivisions that are recommended to be adopted and provided some examples of how this has been implemented. It is important to note that the adopted codes for the 2022 HS (indicated on pp.8-9) are prohibited from being used ahead of their official entry into force.
Current HS codes for HFCs All HFCs are covered by the single HS code: 2903.39 Mixtures containing HFCs are currently covered by the following HS code: 3824.78
The national system will then need to be adjusted when the 2022 HS enters into force. In countries where this takes some time, the 2017 HS (or previous version) can continue to be used with the additional subheadings.
The Harmonized System is a multipurpose international product nomenclature developed by the WCO. It forms the basis for Customs tariffs and for the collection of international trade statistics, with each identified by a six digit code arranged in a legal and logical structure. Over 98% of merchandise in international trade is classified in terms of the HS. WCO issues Amendments every five to six years to update the HS.3
Implementing import and export licensing systems for HFCs from 1st January, 2019 may present achallenge for edition did not include individual codes for HFCs and the next HS edition which will include specific HS codes for the most commonly traded HFCs and mixtures, will only enter into force in 2022.
For details please visit website:
www.unenvironment.org/ozonaction/world-ozon e-day-2019
Pure substances
Under subheading 2903.39
(Halogenated derivatives of hydrocarbons, Other)
Saturated fluorinated derivatives of acyclic hydrocarbons (HFCs)
**HFC-23
**HFC-32
**HFC-41, HFC-152, HFC-152a
**HFC-125, HFC-143a, HFC-143,
**HFC-134a, HFC-134
**HFC-227ea, HFC-236cb, HFC-236ea, HFC-236fa
**HFC-245fa, HFC-245ca
**HFC-365mfc, HFC-43-10mee
Unsaturated fluorinated derivatives of acyclic hydrocarbons (HFOs)5
**HFO-1234yf, HFO-1234ze(E), HFO-1336mzz(Z)