HS Code for Fresh octopus

Fresh octopus is classified under HS code 0307.51. As part of Chapter 3, which covers aquatic animals, heading 0307 includes various types of molluscs. Subheading 0307.51 specifically targets the genus Octopus spp. in its live, fresh, or chilled state. Classification is straightforward based on the biological identification of the species and the preservation state at the time of import. "Fresh or chilled" implies that the product's temperature has been reduced to around 0°C (32°F) to prevent spoilage without actually freezing the tissue. The integrity of the product as "unprocessed" (other than cleaning, gutting, or chilling) is vital for this specific code. If the octopus is subjected to freezing, it must be moved to a different subheading. This classification follows the General Rules of Interpretation 1 and 6, which prioritize the specific naming of the genus Octopus within the mollusc heading and the distinction of its physical state.

Products Included

• Live Common Octopus (Octopus vulgaris)
• Fresh chilled octopus tentacles
• Whole fresh octopus, cleaned
• Live baby octopus
• Chilled octopus (Octopus spp.) on ice
• Fresh octopus, skin-on or skinless (not cooked)

Common Misclassification

The most common misclassification for fresh octopus is HS code 0307.52, which is the designated code for frozen octopus. Additionally, if the octopus has been dried, salted, or placed in brine, it falls under 0307.59. Another significant error involves prepared octopus; if the octopus has been boiled, grilled, or preserved in oil or vinegar, it must be classified under heading 1605.55. Importers must also be careful not to confuse octopus with squid or cuttlefish, which are classified under heading 0307.41 (fresh) or 0307.43 (frozen).

FAQ

What is the HS code for fresh octopus?

The HS code for live, fresh, or chilled octopus (Octopus spp.) is 0307.51.

Does 0307.51 include octopus that has been cleaned?

Yes, basic cleaning, such as removing the beak or viscera, does not change the classification as long as the octopus remains fresh or chilled and is not cooked or frozen.