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.
Import Duty Rates by Country of Origin
Alternative Classifications
This product could be classified differently depending on its characteristics or intended use.
If erroneously classified as peppers
Peppers are in heading 0709; brassicas like kale stay in 0704 to avoid duty errors.
If dried and crushed
Dried brassicas may shift if processed like spices, but fresh kale remains in Chapter 7.
If simply frozen, uncooked
Uncooked frozen vegetables including brassicas are in 0710, excluding fresh/chilled.
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Import Tips & Compliance
• Verify origin meets USDA APHIS import requirements for brassicas; label as 'fresh/chilled kale' distinctly from dried; inspect for black rot (Xanthomonas) before shipment
Related Products under HTS 0704.90.40.35
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.
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.