HS 070970 Spinach, New Zealand spinach and orache spinach (garden spinach)

Quick Answer: Spinach, New Zealand spinach, and orache spinach imported under HS 070970 enter the UK at 10.00%, the EU at 10.40%, and the US with a primary MFN rate of 20%, though preferential rates may apply. This code specifically covers these varieties of spinach, distinct from other leafy vegetables. Importers should be aware of potential variations in duty rates based on origin and specific trade agreements, particularly for the US market where a significant number of preferential duty rates are listed. CustomTariffs aggregates this information to assist in compliance.

What Are the Import Duty Rates?

🇬🇧 United Kingdom

Code MFN Preferential Unit
0709700000 10.00 %

🇪🇺 European Union (TARIC)

Code MFN Preferential Unit
0709700000 10.40 %

🇺🇸 United States (HTSUS)

Code MFN Preferential Unit
07097000 20% Free (17 programs)
0709700050 ["kg"]
0709700010 ["kg"]

Special rates available under trade agreements including USMCA, KORUS, GSP.

Duty rates sourced from the USITC (US International Trade Commission) Harmonized Tariff Schedule (HTS) (accessed 2/22/2026), EU TARIC – DG TAXUD (Directorate-General for Taxation and Customs Union) (accessed 2/22/2026), and UK Trade Tariff – HMRC (His Majesty's Revenue and Customs) (accessed 2/22/2026).

Data compiled and presented by HSRates.

Which Trade Agreements Reduce Duties for HS 0709.70?

Imports of Spinach, New Zealand spinach and orache spinach (garden spinach) may qualify for reduced or zero duty rates under free trade agreements and preferential programs. The overview below shows available preferential arrangements by jurisdiction, compiled by HSRates from official tariff and trade agreement data.

United States (HTSUS)

Free for USMCA, KORUS, and 15 other programs

European Union (TARIC)

Preferential rate data not yet available.

United Kingdom

Preferential rate data not yet available.

Preferential rates require proof of origin and may be subject to quotas or conditions. Always verify eligibility with a licensed customs broker.

Data compiled by HSRates.

Which Preferential Rates Apply to Your Origin Country?

Select an origin country to see if preferential rates apply.

Preferential rates based on available trade agreements. Actual rates may vary.

How to Classify This HS Code?

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What products does HS 070970 cover?

This subheading covers fresh or chilled spinach, New Zealand spinach (Tetragonia tetragonioides), and orache spinach (Atriplex hortensis), as defined by the World Customs Organization's Harmonized System Nomenclature. These leafy green vegetables are typically used for culinary purposes and are not processed or preserved in any way. Official definitions from sources like the USITC Harmonized Tariff Schedule (HTS) and the EU's TARIC database confirm that this classification applies to the raw, unprocessed forms of these specific spinach varieties.

What falls outside HS 070970?

The following products are excluded from HS 070970: any form of spinach that has been processed, such as frozen, dried, or canned spinach, which would be classified under different headings within Chapter 07 or Chapter 20. Also excluded are other leafy vegetables that are not specifically named, like kale or Swiss chard, which fall under HS 070999. Furthermore, ornamental spinach varieties not intended for consumption are not covered by this subheading.

What are common classification mistakes for HS 070970?

A common error is misclassifying mixed leafy greens that contain spinach but also other vegetables not specified in this subheading. According to General Interpretative Rule 1, classification is determined by the terms of the headings and any relative section or chapter notes. If a product is a mixture, General Rule of Interpretation 3 may apply, but if the primary component is spinach and the other vegetables are minor, it might still fall under a more general heading if not specifically provided for. Incorrectly classifying processed spinach as fresh is another frequent mistake.

How should importers classify products under HS 070970?

The correct procedure for classifying spinach products under HS 070970 involves a thorough examination of the product's form and origin. Importers and customs brokers must verify that the product is indeed fresh or chilled spinach, New Zealand spinach, or orache spinach, and not a processed or mixed vegetable. Consulting the official tariff schedule of the importing country, such as the USITC HTS or the UK Trade Tariff, and reviewing the specific product descriptions and any relevant explanatory notes is crucial for accurate classification.

How is the duty calculated for products under HS 070970?

A shipment of 100 kilograms of fresh spinach declared at a customs value of $200 USD would attract a US duty of $10.00. This is calculated using the Most Favored Nation (MFN) duty rate of 5.0% ad valorem applied to the declared customs value, as published in the USITC Harmonized Tariff Schedule. The calculation is: 5.0% × $200 USD = $10.00. Note that specific countries may have different duty rates under various trade agreements.

Which trade agreements reduce duties for HS 070970?

Several free trade agreements may reduce the applicable duty rate for HS 070970, including the United States-Mexico-Canada Agreement (USMCA), which can provide duty-free entry for originating spinach from Canada and Mexico. The Generalized System of Preferences (GSP) may also offer reduced or free entry for originating spinach from designated developing countries. To claim these preferences, importers typically require a self-certified origin statement for USMCA or a GSP Form A for GSP beneficiaries, depending on the specific agreement and jurisdiction.

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FAQ

What are the import duty rates for HS code 0709.70 (Spinach, New Zealand spinach and orache spinach)?

The import duty rates for HS code 0709.70 vary significantly depending on the importing country and any applicable trade agreements. For example, the United States' Most Favored Nation (MFN) rate is typically 10.40% ad valorem. However, preferential rates under trade agreements can be lower or even free. For instance, rates can range from Free under agreements with countries like Australia (AU), Canada (CA), Mexico (MX) under USMCA, or South Korea (KR), to higher rates such as 20% or 50% for countries without preferential access. Always consult the specific tariff schedule of the destination country for the most accurate and up-to-date rates.

How is the import duty for HS 0709.70 calculated? Can you provide an example?

Import duties for HS code 0709.70 are typically calculated on an ad valorem basis (a percentage of the value of the goods) or sometimes on a specific duty basis (per unit of weight or volume), or a combination. For an ad valorem duty, the calculation is: Duty Amount = (Customs Value of Goods) × (Ad Valorem Duty Rate). For example, if you import 1,000 kg of spinach valued at $2,000 USD, and the MFN duty rate is 10.40%, the duty would be $2,000 USD × 10.40% = $208 USD. If a specific duty component applies, such as $0.50 per kg, the calculation would be 1,000 kg × $0.50/kg = $500 USD. The final duty would be the sum of applicable duties.

What are the classification criteria for HS code 0709.70?

HS code 0709.70 covers 'Spinach, New Zealand spinach and orache spinach (garden spinach)'. The key classification criterion is the botanical identity of the vegetable. 'Spinach' refers to Spinacia oleracea. 'New Zealand spinach' refers to Tetragonia tetragonioides. 'Oarache spinach' (also known as mountain spinach or French spinach) refers to species within the Atriplex genus, such as Atriplex hortensis. The product must be fresh or chilled. Frozen or preserved spinach would fall under different HS codes. Importers must ensure the product accurately matches the description and botanical classification.

What documentation is typically required for importing spinach under HS code 0709.70?

When importing spinach under HS code 0709.70, standard import documentation is required, including a commercial invoice, packing list, and bill of lading or air waybill. Additionally, depending on the importing country's regulations and phytosanitary requirements, a phytosanitary certificate issued by the plant protection organization of the exporting country may be mandatory to ensure the produce is free from pests and diseases. Some countries may also require import permits or licenses. It is crucial to verify the specific documentation requirements with the customs authorities of the destination country before shipment.

Which trade agreements commonly provide preferential duty rates for spinach (HS 0709.70)?

Several trade agreements can offer preferential duty rates for spinach (HS 0709.70). For example, under the United States-Mexico-Canada Agreement (USMCA), spinach originating from Canada or Mexico may enter the U.S. duty-free. The EU's Common External Tariff (CET) may offer reduced or zero duties for goods from countries with which the EU has an Economic Partnership Agreement (EPA) or Association Agreement. The UK's tariff schedule also lists preferential rates for goods from countries with which it has trade agreements, such as the UK-Australia Free Trade Agreement. Importers should always check the specific origin of the goods and the relevant trade agreement provisions to claim preferential treatment.