Fresh Kale Leaves

Fresh kale leaves (Brassica oleracea var. acephala) are harvested and chilled for market sale, belonging to the Brassica genus of edible brassicas. They fall under HTS 0704.90.40.55 as 'other' similar edible brassicas, fresh or chilled, excluding heading varieties like cabbage or cauliflower.

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.

0711.90Lower: 17.7% vs 55%

If treated with sulfur dioxide or brine for provisional preservation

Vegetables preserved solely for transport under heading 0711, unsuitable for immediate consumption.

0704.90Same rate: 55%

If destined for immediate retail sale in modified atmosphere packaging

Statistical breakout for retail-packed brassicas, but core classification remains under 0704 if fresh/chilled.

1108Lower: 12.6% vs 55%

If dried or dehydrated

Dried brassicas like kale chips or powder fall under Chapter 11 for flours and vegetable products.

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Import Tips & Compliance

Verify the product is fresh or chilled and remains suitable for immediate consumption; otherwise, it shifts to heading 0711

Provide phytosanitary certificates confirming no treatment beyond chilling to prevent reclassification as preserved vegetables

Label clearly as 'fresh kale' with country of origin to comply with FDA import requirements and avoid common inspection delays