Fresh Curly Kale
Curly kale (Brassica oleracea var. acephala) is a leafy green brassica vegetable with ruffled leaves, harvested fresh or chilled for market sale. It falls under HTS 0704.90.40.35 as one of the similar edible brassicas specified in the heading for cabbages, cauliflower, kohlrabi, kale, fresh or chilled.
Import Duty Rates by Country of Origin
Alternative Classifications
This product could be classified differently depending on its characteristics or intended use.
If frozen
Frozen kale shifts to Chapter 71 for frozen vegetables, no longer fresh or chilled.
If preserved in vinegar or acetic acid
Preserved brassicas fall under heading 0711 for vegetables provisionally preserved during transport.
If not specifically kale, like collards
Other edible brassicas not enumerated as kale go to the residual 'other' subheading.
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Import Tips & Compliance
• Obtain phytosanitary certificates confirming freedom from pests like cabbage loopers; maintain cold chain below 4°C to qualify as chilled; declare exact brassica variety to avoid reclassification
Related Products under HTS 0704.90.40.35
Fresh Lacinato Kale
Lacinato kale, also known as dinosaur or Tuscan kale (Brassica oleracea var. acephala), features dark green, strap-like leaves and is supplied fresh or chilled. Classified under HTS 0704.90.40.35 due to its status as a similar edible brassica in the fresh or chilled state.
Fresh Red Russian Kale
Red Russian kale (Brassica oleracea var. acephala) has tender, blue-green leaves with purple veins, harvested fresh or chilled for consumption. It qualifies for HTS 0704.90.40.35 as kale, a named edible brassica in the fresh or chilled category.
Fresh Siberian Kale
Siberian kale is a cold-hardy variety of Brassica oleracea var. acephala with broad, savoyed leaves, imported fresh or chilled. HTS 0704.90.40.35 covers it explicitly as kale among similar edible brassicas.
Organic Fresh Kale Bunch
Certified organic curly or lacinato kale bunches (Brassica oleracea var. acephala), fresh or chilled, meet USDA organic standards. Falls under HTS 0704.90.40.35 as fresh/chilled kale per statistical notes on certified organic produce.