HS 070200 Whole tomatoes, with greatest diameter of less than 47 mm

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What products does HS 070200 cover?

This subheading covers whole tomatoes that have a greatest diameter of less than 47 mm. According to the World Customs Organization's Harmonized System Nomenclature, this classification is specific to small, whole tomatoes, often referred to as cherry tomatoes or grape tomatoes. Official definitions from sources like the USITC Harmonized Tariff Schedule (HTS) and the EU's TARIC database confirm that the defining characteristic is both the whole form and the precise size limitation of less than 47 mm in diameter.

What falls outside HS 070200?

The following products are excluded from HS 070200: tomatoes exceeding the 47 mm diameter threshold, which would typically fall under HS 070200.90 (other), or processed tomatoes such as diced, pureed, or canned tomatoes, which are classified in Chapter 20. Furthermore, tomatoes that are not whole, even if they meet the size requirement, such as sliced or halved tomatoes, are also excluded and would require separate classification based on their specific form and processing. This ensures precise tariff application.

What are common classification mistakes for HS 070200?

A common error is misinterpreting the "greatest diameter of less than 47 mm" criterion. Importers may mistakenly classify larger cherry tomatoes or small regular tomatoes under this code, or conversely, classify larger varieties that do not meet the size specification. This can also arise from not adhering to General Rule of Interpretation (GRI) 1, which states that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Incorrectly assuming all small tomatoes fit this code without measurement is a frequent oversight.

How should importers classify products under HS 070200?

The correct procedure for classifying products under HS 070200 involves a two-step verification process. First, confirm that the product is indeed whole tomatoes. Second, and crucially, measure the greatest diameter of a representative sample of the tomatoes to ensure it is less than 47 mm. Importers and customs brokers must consult the official tariff schedule of the importing country, such as the USITC HTS or the UK Trade Tariff, to verify the exact wording and any additional notes pertaining to this subheading before making a final classification.

How is the duty calculated for products under HS 070200?

A shipment of 100 kilograms of cherry tomatoes, declared at a customs value of $250 USD, would attract a US duty of $37.50. This is calculated using the USITC Harmonized Tariff Schedule's Most Favored Nation (MFN) rate of 15% ad valorem, applied to the declared customs value ($250 USD × 0.15 = $37.50). While weight is a factor for some agricultural goods, for this specific classification in the US, the ad valorem rate based on value is applied.

Which trade agreements reduce duties for HS 070200?

Several free trade agreements may reduce the applicable duty rate for HS 070200, including the United States-Mexico-Canada Agreement (USMCA), which can result in a Free duty rate for qualifying originating tomatoes from Canada and Mexico. For goods originating in countries benefiting from the Generalized System of Preferences (GSP), the US may offer reduced or Free duty rates, requiring a GSP Form A. Documentation required typically includes a Certificate of Origin or a self-certified origin statement, depending on the specific agreement and importing country's regulations.

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