HS 080921 Cherries

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What products does HS 080921 cover?

This subheading covers "Cherries, fresh or chilled," specifically those of the genus *Prunus*, including sweet cherries (*Prunus avium*) and sour or tart cherries (*Prunus cerasus*). According to the World Customs Organization's Harmonized System Nomenclature, this classification applies to cherries that are not dried, frozen, or otherwise preserved. The US International Trade Commission (USITC) Harmonized Tariff Schedule (HTS) and the European Union's TARIC database confirm this scope, focusing on the raw, unprocessed fruit in its natural state, suitable for immediate consumption or further processing into products like jams or juices.

What falls outside HS 080921?

The following products are excluded from HS 080921: dried cherries, which are classified under HS 0813; frozen cherries, typically found in HS 0811; and cherries prepared or preserved in any way, such as in syrup or as jams, which fall under Chapter 20. For instance, cherries preserved in alcohol would be classified elsewhere, and cherry juice or cherry puree would not fall under this fresh fruit classification. The key distinction is the state of preservation and processing.

What are common classification mistakes for HS 080921?

A common error is misclassifying cherries that have undergone minimal processing, such as being washed or lightly sorted, as still falling under HS 080921 when they might be considered "prepared or preserved" under Chapter 20. Another mistake is confusing different types of cherries; while this code is for *Prunus* species, specific varieties might have nuances in classification depending on regional tariff interpretations. Adherence to General Interpretative Rule 1 and Rule 3 is crucial to ensure correct classification based on the most specific heading and section notes.

How should importers classify products under HS 080921?

The correct procedure for classifying cherries under HS 080921 involves confirming the product's condition as fresh or chilled and its botanical origin as *Prunus* species. 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. Reviewing any explanatory notes or rulings associated with the tariff code is also essential to ensure the product meets all stipulated criteria for this classification.

How is the duty calculated for products under HS 080921?

A shipment of 1,000 kilograms of fresh sweet cherries, declared at a customs value of $3,000 USD, would attract a US duty of $150.00. This is calculated using the U.S. Harmonized Tariff Schedule's Most Favored Nation (MFN) rate of 1.5% ad valorem, applied to the declared value ($3,000 USD × 0.015 = $45.00), plus a specific duty of $0.10 per kilogram ($0.10/kg × 1,000 kg = $100.00), resulting in a total duty of $145.00. (Note: This example uses a hypothetical combined rate for illustrative purposes; actual rates may vary and include seasonal duties.)

Which trade agreements reduce duties for HS 080921?

Several free trade agreements may reduce the applicable duty rate for HS 080921, including the United States-Mexico-Canada Agreement (USMCA), which can lead to duty-free entry for qualifying cherries originating from Canada or Mexico. For imports into the European Union, agreements with countries like Chile may offer preferential rates. Documentation required to claim preference under USMCA typically involves a self-certified origin statement on the invoice, while EU preferences might require an EUR.1 movement certificate, depending on the specific agreement and origin country.

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