HS 080830 Pears

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What products does HS 080830 cover?

This subheading covers fresh pears, which are the edible fruits of trees belonging to the genus *Pyrus*. According to the World Customs Organization's Harmonized System Nomenclature, this category includes all varieties of pears that are not dried, provisionally preserved, or otherwise processed. The United States International Trade Commission (USITC) Harmonized Tariff Schedule (HTS) and the European Union's TARIC database confirm that this classification applies to whole, fresh pears intended for direct consumption, regardless of their specific cultivar, as long as they meet the general criteria for fresh fruit under Heading 0808.

What falls outside HS 080830?

The following products are excluded from HS 080830: pears that have been dried, frozen, or cooked; pears that are preserved in sugar, syrup, or alcohol; and pears that have undergone any significant processing, such as being made into juice, jam, or fruit preparations. For instance, dried pears would typically be classified under HS 0813.40, while pears preserved in syrup would fall under HS 2008.30. The key distinction is the state of the fruit; only fresh, unprocessed pears belong to this subheading.

What are common classification mistakes for HS 080830?

A common error is misclassifying pears that have undergone minor treatments, such as waxing for preservation, which can sometimes lead to confusion with processed goods. According to General Rule of Interpretation (GRI) 1, classification is determined by the terms of the headings and any relative section or chapter notes. Importers may also incorrectly classify pears that are slightly bruised or imperfect but still fit for consumption as "damaged" goods, which might warrant a different classification or treatment depending on national regulations, rather than classifying them as fresh pears under 080830.

How should importers classify products under HS 080830?

The correct procedure for classifying fresh pears under HS 080830 involves confirming that the product is indeed fresh, whole, and of the genus *Pyrus*. 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 of the subheading. They should also consider any specific notes or rulings related to fresh fruit. A review of the product's condition, packaging, and intended use is crucial to ensure accurate classification and avoid potential penalties.

How is the duty calculated for products under HS 080830?

A shipment of 1,000 kilograms of fresh Bartlett pears, declared at a customs value of $1,500 USD, would attract a US duty of $150.00. This is calculated using the Most Favored Nation (MFN) duty rate of 10% ad valorem, applied to the declared customs value ($1,500 USD × 0.10 = $150.00). This calculation is based on the MFN rate published in the USITC Harmonized Tariff Schedule for HS code 080830.

Which trade agreements reduce duties for HS 080830?

Several free trade agreements may reduce the applicable duty rate for HS 080830, including the United States-Mexico-Canada Agreement (USMCA), which can result in a duty rate of Free for qualifying pears originating from Canada or Mexico. Additionally, the Generalized System of Preferences (GSP) may offer preferential rates for certain 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 importing country's requirements.

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