Red Russian Kale Seeds (Brassica napus var. pabularia)
Cold-hardy Red Russian kale seeds (Brassica napus var. pabularia) are used for sowing to produce tender, purple-veined kale leaves. HTS 1209.91.80.45 applies as 'kale' vegetable seeds for sowing, distinct from cereals or spices per Chapter notes.
Import Duty Rates by Country of Origin
Alternative Classifications
This product could be classified differently depending on its characteristics or intended use.
If high erucic acid rapeseed variety
Subheading note defines low erucic <2%; high erucic rapeseed (kale relative) goes to 1205.
If for industrial fodder crop sowing, not vegetable garden use
End-use shifts kale-like seeds from veggie (1209.91) to other oil/flax seeds if not retail veggie.
If processed into oilcake residues post-extraction
Chapter note excludes 1208 flours from 2304-2306 residues; similar for seed byproducts.
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Import Tips & Compliance
• Register with USDA for small lots if under 12 lots/year; larger require full permits
• Document low glucosinolate levels if low-erucic variety to prevent reclass to oilseeds
• Separate from legume seeds to avoid Chapter 7 overlap pitfalls
Related Products under HTS 1209.91.80.45
Curly Kale Seeds (Brassica oleracea var. acephala)
These are seeds of the curly kale variety, specifically Brassica oleracea var. acephala, used for sowing to grow leafy green kale plants. They fall under HTS 1209.91.80.45 as vegetable seeds of the 'other' category, designated for kale, intended exclusively for agricultural planting rather than consumption.
Lacinato Kale Seeds (Brassica oleracea var. palmifolia)
Lacinato or dinosaur kale seeds from Brassica oleracea var. palmifolia are premium sowing seeds for growing this Italian heirloom variety with dark, strap-like leaves. Classified under HTS 1209.91.80.45 for kale vegetable seeds used for planting, not excluded Chapter 7 products.
Toscano Kale Seeds (Black Kale)
Toscano or black kale seeds produce the robust, nutty-flavored variety popular in Italian cuisine, sown for home or farm gardens. Under HTS 1209.91.80.45 as other vegetable seeds specifically for kale, for sowing per heading definition.
Winterbor Kale Seeds (Hybrid F1)
Winterbor F1 hybrid kale seeds offer frost-resistant plants with savoyed leaves, ideal for fall/winter sowing. Classified in HTS 1209.91.80.45 for kale seeds used for sowing, not defatted flours or Chapter 7 exclusions.