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

Origin CountryMFN RateCh.99 SurchargesTotal Effective Rate
🇨🇳China20%+35.0%55%
🇲🇽Mexico20%+10.0%30%
🇨🇦Canada20%+10.0%30%
🇩🇪Germany20%+10.0%30%
🇯🇵Japan20%+10.0%30%

Alternative Classifications

This product could be classified differently depending on its characteristics or intended use.

0709.60Lower: 10% vs 55%

If erroneously classified as peppers

Peppers are in heading 0709; brassicas like kale stay in 0704 to avoid duty errors.

0809.40.40.00Lower: 17.5% vs 55%

If dried and crushed

Dried brassicas may shift if processed like spices, but fresh kale remains in Chapter 7.

0710.80.50.00Lower: 35% vs 55%

If simply frozen, uncooked

Uncooked frozen vegetables including brassicas are in 0710, excluding fresh/chilled.

Not sure which classification is right?

Our AI classifier can analyze your specific product and recommend the correct HTS code with confidence.

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