HS 080410 Dates

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What products does HS 080410 cover?

This subheading covers fresh or dried dates, as defined by the World Customs Organization's Harmonized System (HS) Nomenclature. Specifically, it encompasses dates that are either fresh (chilled or unchilled) or dried, excluding those that have been processed in a manner that fundamentally alters their nature. Official definitions from sources like the USITC Harmonized Tariff Schedule (HTS) and the EU's TARIC database confirm that this classification applies to the fruit of the date palm (Phoenix dactylifera) in its raw, edible form, whether whole or pitted.

What falls outside HS 080410?

The following products are excluded from HS 080410: dates that have undergone significant processing, such as being cooked, candied, or incorporated into confectionery or baked goods, which would place them under different HS chapters (e.g., Chapter 17 for sugars and sugar confectionery or Chapter 19 for preparations of cereals, flour, starch or milk; pastrycooks' products). Dates that are artificially sweetened or preserved in syrup are also typically classified elsewhere. Furthermore, date paste or date puree, if considered sufficiently processed, may fall under other headings.

What are common classification mistakes for HS 080410?

A common error is misclassifying dates that have been subjected to minor processing, such as pitting or light dehydration, as "fresh" when they should be considered "dried" or vice versa, depending on the specific moisture content and presentation. Another mistake involves classifying dates that have been sweetened or mixed with other ingredients as pure dates under 080410, when they should be classified according to their primary characteristic or as composite goods, often referencing General Interpretative Rule 3 of the HS.

How should importers classify products under HS 080410?

The correct procedure for classifying dates under HS 080410 involves a thorough examination of the product's physical state and any processing it has undergone. Importers and customs brokers must determine if the dates are fresh or dried and confirm they have not been processed beyond what is permitted by the heading. Consulting the official tariff schedule of the importing country, such as the USITC HTS or the UK Trade Tariff, and reviewing explanatory notes from the WCO are crucial steps to ensure accurate classification.

How is the duty calculated for products under HS 080410?

A shipment of 1,000 kilograms of Medjool dates, declared at a customs value of $5,000 USD, would attract a US duty of $175.00. This is calculated using the Most Favored Nation (MFN) duty rate of 1.75% ad valorem, applied to the declared customs value ($5,000 USD × 0.0175 = $87.50) and a specific duty of $0.10 per kilogram ($0.10/kg × 1,000 kg = $100.00), resulting in a total duty of $187.50. This is calculated using the rates published in the USITC Harmonized Tariff Schedule.

Which trade agreements reduce duties for HS 080410?

Several free trade agreements may reduce the applicable duty rate for HS 080410, including the United States-Mexico-Canada Agreement (USMCA), which can result in a duty rate of Free for qualifying goods originating from Canada or Mexico. The Generalized System of Preferences (GSP) may also offer reduced or Free duty rates for dates originating from designated developing countries, such as India or Indonesia. To claim these preferences, importers typically require a self-certified origin statement or a specific origin certificate, depending on the agreement and jurisdiction.

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