40 C.F.R. § 82 app D to Subpart A of Part 82
This appendix is based on information provided by the Ozone Secretariat of the United Nations Ozone Environment Programme.** The Appendix lists available U.S. harmonized tariff schedule codes identifying headings and subheadings for Annex D products that may contain controlled substances.
The Harmonized Tariff Schedule of the United States uses an enumeration system to identify products imported and exported to and from the U.S. This system relies on a four digit heading, a four digit subheading and additional two digit statistical suffix to characterize products. The United States uses the suffix for its own statistical records and analyses. This Appendix lists only headings and subheadings.
While some can be readily associated with harmonized system codes, many products cannot be tied to HS classifications unless their exact composition and the presentation are known. It should be noted that the specified HS classifications represent the most likely headings and subheadings which may contain substances controlled by the Montreal Protocol. The codes given should only be used as a starting point; further verfication is needed to ascertain whether or not the products actually contain controlled substances.
Category 1. Automobile and Truck Air Conditioning Units (whether incorporated in vehicles or not)
There are no separate code numbers for air conditioning units specially used in automobiles and trucks. Although a code has been proposed for car air conditioners, it is not yet officially listed in the Harmonized Tariff Schedule (see category 2). The following codes apply to the vehicles potentially containing air conditioning units.
| Heading/Subheading | Article Description |
| 8701.(10, 20, 30, 90)*** | Tractors. |
| 8702 | Public-transport type passenger motor vehicles. |
| 8702.10 | With compression-ignition internal-combustion piston engine (diesel or semi-diesel). |
| 8702.90 | Other. |
| 8703 | Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702), including station wagons and racing cars. |
| 8703.10 | Vehicles specially designed for traveling on snow; golf carts and similar vehicles; includes subheading 10.10 and 10.50. |
| 8703.(21, 22, 23, 24) | Other vehicles, with spark-ignition internal combustion reciprocating engines. |
| 8703.(31, 32, 33, 90) | Other vehicles, with compression-ignition internal combustion piston engine (diesel or semi-diesel). |
| 8704 | Motor vehicles for the transport of goods. |
| 8704.10.(10, 50) | Dumpers designed for off-highway use. |
| 8704.(21, 22, 23) | Other, with compression-ignition internal combustion piston engine (diesel or semi-diesel). |
| 8704.(31, 32, 90) | Other, with compression-ignition internal combustion piston engine. |
| 8705 | Special purpose motor vehicles, other than those principally designed for the transport of persons or goods (for example, wreckers, mobile cranes, fire fighting vehicles, concrete mixers, road sweepers, spraying vehicles, mobile workshops, mobile radiological units). |
| 8705.10 | Crane lorries. |
| 8705.20 | Mobile drilling derricks. |
| 8705.30 | Fire fighting vehicles. |
| 8705.90 | Other. |
***At this time vehicle air conditioning units are considered components of vehicles or are classified under the general category for air conditioning and refrigeration equipment. Vehicles containing air conditioners are therefore considered products containing controlled substances.
Category 2. Domestic and Commercial Refrigeration and Air Conditioning/Heat Pump Equipment
Domestic and commercial air conditioning and refrigeration equipment fall primarily under headings 8415 and 8418.
| Heading/Subheading | Article Description |
| 8415 | Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated. |
| 8415.20 | Proposed code for air conditioning of a kind used for persons, in motor vehicles. |
| 8415.10.00 | A/C window or wall types, self-contained. |
| 8415.81.00 | Other, except parts, incorporating a refrigerating unit and a valve for reversal of the cooling/heat cycle. |
| 8415.82.00 | Other, incorporating a refrigerating unit- |
| Self-contained machines and remote condenser type air conditioners (not for year-round use). | |
| Year-round units (for heating and cooling). | |
| Air Conditioning evaporator coils. | |
| Dehumidifiers. | |
| Other air conditioning machines incorporating a refrigerating unit. | |
| 8415.83 | Automotive air conditioners. |
| 8418 | Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps, other than air conditioning machines of heading 8415; parts thereof. |
| 8418.10.00 | Combined refrigerator-freezers, fitted with separate external doors. |
| 8418.21.00 | Refrigerators, household type, Compression type. |
| 8418.22.00 | Absorption type, electrical. |
| 8418.29.00 | Other. |
| 8418.30.00 | Freezers of the chest type. |
| 8418.40 | Freezers of the upright type. |
| 8418.50.0040 | Other refrigerating or freezing chests, cabinets, display counters, showcases and similar refrigerating or freezing furniture. |
| 8418.61.00 | Other refrigerating or freezing equipment; heat pumps. |
| 8418.69 | Other- |
| Icemaking machines. | |
| Drinking water coolers, self-contained. | |
| Soda fountain and beer dispensing equipment. | |
| Centrifugal liquid chilling refrigerating units. | |
| Absorption liquid chilling units. | |
| Reciprocating liquid chilling units. | |
| Other refrigerating or freezing equipment (household or other). | |
| 8479.89.10 | Dehumidifiers (other than those under 8415 or 8424 classified as "machines and mechanical appliances having individual functions, not specified or included elsewhere"). |
Category 3. Aerosol Products
An array of different products use controlled substances as aerosols and in aerosol applications. Not all aerosol applications use controlled substances, however. The codes given below represent the most likely classifications for products containing controlled substances. The product codes listed include **** :
varnishes perfumes preparations for use on hair preparations for oral and dental hygiene shaving preparations personal deodorants, bath preparations prepared room deodorizers soaps lubricants polishes and creams explosives insecticides, fungicides, herbicides, disinfectants arms and ammunition household products such as footwear or leather polishes other miscellaneous products| Heading/Subheading | Article Description |
| 3208 | Paints and varnishes ***** (including enamels and lacquers) based on synthetic polymers of chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium. |
| 3208.10 | Based on polyesters. |
| 3208.20 | Based on acrylic or vinyl polymers. |
| 3208.90 | Other. |
| 3209 | Paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in an aqueous medium. |
| 3209.10 | Based on acrylic or vinyl polymers. |
| 3209.90 | Other. |
| 3210.00 | Other paints and varnishes (including enamels, lacquers and distempers) and prepared water pigments of a kind used for finishing leather. |
| 3212.90 | Dyes and other coloring matter put up in forms or packings for retail sale. |
| 3303.00 | Perfumes and toilet waters. |
| 3304.30 | Manicure or pedicure preparations. |
| 3305.10 | Shampoos. |
| 3305.20 | Preparations for permanent waving or straightening. |
| 3305.30 | Hair lacquers. |
| 3305.90 | Other hair preparations. |
| 3306.10 | Dentrifices. |
| 3306.90 | Other dental (this may include breath sprays). |
| 3307.10 | Pre-shave, shaving or after-shave preparations. |
| 3307.20 | Personal deodorants and antiperspirants. |
| 3307.30 | Perfumed bath salts and other bath preparations. |
| 3307.49 | Other (this may include preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites, whether or not perfumed or having disinfectant properties). |
| 3307.90 | Other (this may include depilatory products and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included) |
| 3403 | Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants), and preparations of a kind used for the oil or grease treatment of textile materials, leather, fur skins or other materials, but excluding preparations containing, as basic constituents, 70 percent or more by weight of petroleum oils or of oils obtained from bituminous minerals. |
| 3402 | Organic surface-active agents (other than soap); surface-active preparations, washing preparations and cleaning operations, whether or not containing soap, other than those of 3401. |
| 3402.20 | Preparations put up for retail sale. |
| 3402.19 | Other preparations containing petroleum oils or oils obtained from bituminous minerals. |
| 3403 | Lubricating preparations consisting of mixtures containing silicone greases or oils, as the case may be. |
| 2710.00 | Preparations not elsewhere specified or included, containing by weight 70 percent or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations. |
| 3403.11 | Lubricants containing petroleum oils or oils obtained from bituminous minerals used for preparations from the treatment of textile materials, leather, fur skins or other materials. |
| 3403.19 | Other preparations containing petroleum oils or oils obtained from bituminous minerals. |
| 3405 | Polishes and creams, for footwear, furniture, floors, coachwork, glass or metal, scouring pastes and powders and similar preparations excluding waxes of heading 3404. |
| 3405.10 | Polishes and creams for footwear or leather. |
| 3405.20 | Polishes for wooden furniture, floors or other woodwork. |
| 36 | Explosives. |
| 3808 | Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulphur-treated bands, wicks and candles, and fly papers). |
| 3808.10 | Insecticides. |
| 3808.20 | Fungicides. |
| 3808.30 | Herbicides, anti-sprouting products and plant growth regulators. |
| 3808.40 | Disinfectants. |
| 3808.90 | Other insecticides, fungicides. |
| 3809.10 | Finishing agents, dye carriers to accelerate the dyeing or fixing of dye-stuffs and other products and preparations (for example, dressings and mordants) of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included, with a basis of amylaceous substances. |
| 3814 | Organic composite solvents and thinners (not elsewhere specified or included) and the prepared paint or varnish removers. |
| 3910 | Silicones in primary forms. |
| 9304 | Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading No. 93.07. Thus, aerosol spray cans containing tear gas may be classified under this subheading. |
| 0404.90 | Products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included. |
| 1517.90 | Edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading No. 15.16. |
| 2106.90 | Food preparations not elsewhere specified or included. |
***** Although paints do not generally use contain controlled substances, some varnishes use CFC 113 and 1,1,1,trichlorethane as solvents.
Category 4. Portable Fire Extinguishers
| Heading/Subheading | Article Description |
| 8424 | Mechanical appliances (whether or not hand operated) for projecting, dispersing, or spraying liquids or powders; fire extinguishers whether or not charged, spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines. |
| 8424.10 | Fire extinguishers, whether or not charged. |
Category 5. Insulation Boards, Panels and Pipe Covers
These goods have to be classified according to their composition and presentation. For example, if the insulation materials are made of polyurethane, polystyrene, polyolefin and phenolic plastics, then they may be classified Chapter 39, for "Plastics and articles thereof". The exact description of the products at issue is necessary before a classification can be given. ******
| Heading/Subheading | Article Description |
| 3917.21 to 3917.39 | Tubes, pipes and hoses of plastics. |
| 3920.10 to 3920.99 | Plates, sheets, film, foil and strip made of plastics, non-cellular and not reinforced, laminated, supported or similarly combined with other materials. |
| 3921.11 to 3921.90 | Other plates, sheets, film, foil and strip, made of plastics. |
| 3925.90 | Builders' ware made of plastics, not elsewhere specified or included. |
| 3926.90 | Articles made of plastics, not elsewhere specified or included. |
Category 6. Pre-Polymers
According to the Explanatory Notes to the Harmonized Commodity Description and Coding System, "prepolymers are products which are characterized by some repetition of monomer units although they may contain unreacted monomers. Prepolymers are not normally used as such but are intended to be transformed into higher molecular weight polymers by further polymerization. Therefore the term does not cover finished products, such as di-isobutylenes or mixed polyethylene glycols with very low molecular weight. Examples are epoxides based with epichlorohydrin, and polymeric isocyanates."
| Heading/Subheading | Article Description |
| 3901 | Pre-polymers based on ethylene (in primary forms). |
| 3902 | Pre-polymers based on propylene or other olefins (in primary forms). |
| 3903, 3907, 3909 | Pre-polymers based on styrene (in primary forms), epoxide and phenols. |
** "A Note Regarding the Harmonized System Code Numbers for the Products Listed in Annex D." Adopted by Decision IV/15 paragraph 3, of the Fourth Meeting of the Parties in Copenhagen, 23-25 November, 1992.
**** Other categories of products that may contain controlled substances are listed below. EPA is currently working to match them with appropriate codes. They include: coatings and electronic equipment (e.g., electrical motors), coatings or cleaning fluids for aircraft maintenance, mold release agents (e.g. for production of plastic or elastomeric materials), water and oil repellant (potentially under HS 3402), spray undercoats (potentially under "paints and varnishes"), spot removers, brake cleaners, safety sprays (e.g., mace cans), animal repellant, noise horns (e.g., for use on boats), weld inspection developers, freezants, gum removers, intruder alarms, tire inflators, dusters (for electronic and non-electronic applications), spray shoe polish, and suede protectors.
****** This category may include insulating board for building panels and windows and doors. It also includes rigid appliance insulation for pipes, tanks, trucks, trailers, containers, train cars & ships, refrigerators, freezers, beverage vending machines, bulk beverage dispensers, water coolers and heaters and ice machines.
40 C.F.R. 82 app D to Subpart A of Part 82