HS Code for Fresh kale

Fresh kale is classified under HS code 0704.90. Chapter 7 of the Harmonized System covers edible vegetables and certain roots and tubers. Heading 0704 is dedicated to brassicas, a genus of plants in the mustard family that includes cabbage, cauliflowers, kohlrabi, kale, and similar edible brassicas. While 0704.10 covers cauliflowers and headed broccoli, and 0704.20 covers Brussels sprouts, 0704.90 serves as the residual category for other brassicas that do not fit into the more specific subheadings. Kale, being a leaf cabbage that does not form a compact head, fits perfectly into this category. The classification requires the product to be in a fresh or chilled state. Any further processing, such as boiling in water, freezing, or drying, would necessitate a different code within Chapter 7. This classification is vital for phytosanitary controls, as brassicas are often subject to specific agricultural inspections to prevent the spread of pests.

Products Included

• Fresh curly kale
• Chilled Lacinato (Dinosaur) kale
• Fresh Red Russian kale
• Fresh ornamental kale (if intended for consumption)
• Chilled baby kale leaves

Common Misclassification

Fresh kale is often misclassified under HS code 0709.99, which is a general category for "other" vegetables. However, because kale belongs to the Brassica genus, it must be classified under 0704. Another common error is using 0704.10, which is specifically for cauliflower and headed broccoli. While they are related, the botanical structure of kale excludes it from that subheading. Additionally, if the kale is frozen, it must be classified under 0310.80, and if it is dried, it falls under 0712.90. Misidentifying the state of preservation is a frequent cause of customs delays.

FAQ

What is the HS code for fresh kale?

The HS code for fresh or chilled kale is 0704.90, as it falls under the category of "other" edible brassicas.

Does this code include frozen kale?

No, frozen kale is classified under HS code 0710.80, which covers other vegetables (uncooked or cooked by steaming or boiling in water) that are frozen.