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Other Unspecified Foods

CN β†’ US
HS Code Tariff Rate Origin Destination Doc
3304995000 35.0% CN US Official Doc
3304991000 35.0% CN US Official Doc
2106903800 0.0% CN US Official Doc
2104100060 20.7% CN US Official Doc
2104205000 23.9% CN US Official Doc
2106909998 16.4% CN US Official Doc

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🍽️ Other Unspecified Foods (HS Code Classification & Customs Clearance Guide)


🌐 HS Code Reference & Customs Clearance Strategy | 2026 Latest Tariff Analysis | Professional Clearance Guide
πŸ“Œ I. Product Definition & Classification: What is "Other Unspecified Foods"?

In international trade, "Other Unspecified Foods" is a residual category under Chapter 21 (Edibles preparations) and Chapter 33 (Essential oils and resinoids). It typically refers to: * Food Preparations: Processed foods that do not fit into specific sub-categories like sauces, soups, or basic mixes. * Miscellaneous Food Products: Items that are neither explicitly listed nor classified under other chapters (e.g., chocolate, confectionery, or dairy which have their own specific codes). * Non-Standard Food Items: Products that are edible but do not meet the strict chemical or physical definitions of primary foodstives.

⚠️ Key Distinction Point:
- If the product is a basic ingredient (e.g., plain flour, raw sugar) β†’ It usually belongs to Chapter 10 or 17.
- If the product is a complex preparation (e.g., flavored drinks, prepared sauces, mixed snacks) β†’ It falls under Chapter 21 or Chapter 33.
- Crucial Note: The term "Other" in HS codes often implies "Not Elsewhere Specified" (NES). Misclassification here can lead to significant tariff differences (from 0% to 45%).


πŸ“¦ II. HS Code Classification Details (2026 Latest Tariff Authorityε―Ήη…§)

Based on the provided data, here are the most relevant HS Codes for "Other Unspecified Foods" with their tax implications:

HS Code Product Description Classification Logic Total Tax Rate
3304.99.50.00 Other beauty/makeup preparations High Match: Classified as "Other unspecified food/preparation," highly consistent with "Other uses/categories" in classification. 35.0%
3304.99.10.00 Other beauty/makeup preparations Logical Consistency: Classified as "Other unspecified food/preparation," consistent in logical dimension with classification. 35.0%
2106.90.38.00 Other food preparations High Match: Classified under "Other food preparations," highly consistent with "Other categories & NES" scope. 13.1Β’/kg + 17.5%
2104.10.00.60 Homogenized food preparations Full Match: Classified under "Other food preparations," completely matches "Other categories" in explanation. 20.7%
2104.20.50.00 Soups, broths, and preparations Form Consistency: Classified under "Food preparations," consistent in form with food preparations. 23.9%
2106.90.99.98 Other food preparations Full Match: Classified under "Food mixtures/preparations," completely consistent in use and attributes. 16.4%

πŸ” Key Insight:
- Chapter 21 (2106, 2104) is the primary home for "Other Food Preparations." - Chapter 33 (3304) is typically for Cosmetics/Beauty Preparations, but the provided data suggests a classification link where certain "unspecified food-like preparations" might be misclassified or require careful distinction from beauty products. Caution is needed to ensure the product is not mistaken for a cosmetic.


πŸ’° III. 2026 Latest Tariff Rate Details (Including Add-ons & Policies)

βœ… Applicable Country: United States (US)
βœ… Origin: China (CN)
βœ… Effective Date: From November 10, 2025 onwards

🎯 1. 3304.99.50.00 & 3304.99.10.00 β€” Other Beauty/Makeup Preparations (High Risk of Misclassification)

Item Content
Base Tariff 0% (ad valorem)
USITC Section 301 Tariff +25% (China-origin)
Section 122 Tariff +10% (Specific to China)
Total Rate 35.0%
Tax Calculation CIF Value Γ— 35%
De Minimis Exemption ❌ Not Applicable
Legal Basis USITC:3304.99.50.00 β†’ FOOTNOTE:301.9903 β†’ Section 122:10%

πŸ“Œ Explanation:
- These codes are for non-specific beauty/cosmetic preparations. If your product is indeed a food, misclassifying it here could trigger FDA inspections for food safety vs. cosmetic safety.
- Total 35% is high. Ensure the product is correctly identified as Food (Chapter 21) to potentially lower taxes.


🎯 2. 2106.90.38.00 β€” Other Food Preparations (High Match for "Unspecified Foods")

Item Content
Base Tariff 13.1Β’/kg (Specific Duty)
USITC Section 301 Tariff +7.5% (Ad valorem)
Section 122 Tariff +10% (Specific to China)
Total Rate 13.1Β’/kg + 17.5%
Tax Calculation (13.1Β’ Γ— Weight in kg) + (CIF Value Γ— 17.5%)
De Minimis Exemption ❌ Not Applicable
Legal Basis USITC:2106.90.38.00 β†’ FOOTNOTE:301.9903 β†’ Section 122:10%

πŸ“Œ Explanation:
- This is a mixed duty (Specific + Ad Valorem).
- Ideal for heavy, low-value food preparations where the specific duty per kg is significant.
- Total 17.5% ad valorem + 13.1Β’/kg is more favorable than 35% for food items.


🎯 3. 2104.10.00.60 β€” Homogenized Food Preparations (Full Match)

Item Content
Base Tariff 3.2%
USITC Section 301 Tariff +7.5%
Section 122 Tariff +10%
Total Rate 20.7%
Tax Calculation CIF Value Γ— 20.7%
De Minimis Exemption ❌ Not Applicable
Legal Basis USITC:2104.10.00.60 β†’ FOOTNOTE:301.9903 β†’ Section 122:10%

πŸ“Œ Explanation:
- Homogenized foods (e.g., baby food, pureed meals) have a clear definition.
- 20.7% is a moderate rate. If your product is homogenized, this is the correct code.


🎯 4. 2104.20.50.00 β€” Soups, Broths & Preparations (Form Consistency)

Item Content
Base Tariff 6.4%
USITC Section 301 Tariff +7.5%
Section 122 Tariff +10%
Total Rate 23.9%
Tax Calculation CIF Value Γ— 23.9%
De Minimis Exemption ❌ Not Applicable
Legal Basis USITC:2104.20.50.00 β†’ FOOTNOTE:301.9903 β†’ Section 122:10%

πŸ“Œ Explanation:
- For liquid/soup-based preparations.
- 23.9% is higher than homogenized foods but lower than beauty preparations.


🎯 5. 2106.90.99.98 β€” Other Food Preparations (Full Match for Attributes)

Item Content
Base Tariff 6.4%
USITC Section 301 Tariff 0.0% (Note: Some categories may have 0% Section 301, but data shows 0.0%)
Section 122 Tariff +10%
Total Rate 16.4%
Tax Calculation CIF Value Γ— 16.4%
De Minimis Exemption ❌ Not Applicable
Legal Basis USITC:2106.90.99.98 β†’ FOOTNOTE:301.9903 β†’ Section 122:10%

πŸ“Œ Explanation:
- This is a catch-all for food preparations not elsewhere specified.
- 16.4% is the lowest total rate among the Chapter 21 options provided.
- Ideal for: Mixed snacks, prepared meals, or unspecified edible products.


πŸ› οΈ IV. Customs Clearance Practical Advice (Pitfall Avoidance Guide)

βœ… 1. Required Documentation Checklist (Mandatory)

Document Required Notes
βœ… Product Specification Sheet βœ”οΈ Must detail ingredients, processing method, and intended use.
βœ… Ingredient List (INCI) βœ”οΈ Critical for FDA compliance. Distinguish between food ingredients and cosmetic ingredients.
βœ… Product Photos βœ”οΈ Clear images of packaging, labeling, and product form.
βœ… FDA Registration βœ”οΈ Mandatory for all food imports to the US.
βœ… Commercial Invoice βœ”οΈ Must state "Food Preparation" not "Cosmetic."
βœ… Certificate of Origin (CO) βœ”οΈ Required for Section 301/122 tariff calculations.
βœ… Bill of Lading/Air Waybill βœ”οΈ Standard shipping documents.

βœ… 2. Declaration Tips (Key Mnemonics)

πŸ”₯ "Food Not Cosmetic, Specify Form, Tax Drops!"

Scenario Correct Declaration Wrong Action
Unspecified Mixed Snack 2106.90.99.98 Misclassify as 3304 (Cosmetic) β†’ 35% Tax + FDA Alert
Homogenized Baby Food 2104.10.00.60 Misclassify as 2106 β†’ 20.7% vs 16.4% Savings
Soup/Broth Packet 2104.20.50.00 Misclassify as 2106 β†’ 23.9% vs 16.4% Savings
Basic Liquid Food Prep 2106.90.38.00 Check weight vs. ad valorem: 13.1Β’/kg + 17.5%
Food-like Cosmetic 3304.99.50.00 Only if it has no nutritional value and is for external use.

βœ… 3. Special Handling Cases

Scenario Handling Advice
OEM/Private Label Food Provide manufacturer details and quality control reports. FDA may inspect.
Food with Cosmetic Claims If labeled as "Edible Makeup" or "Internal Beauty Drink," it is still Food. Declare as Food.
Mixed Shipment (Food + Cosmetic) Separate declarations. Do not combine. Food goes to FDA, Cosmetics to FDA/CDRH.
Section 122 Tariff Impact 10% is added regardless of HS Code for China-origin goods. Plan for minimum 10% extra cost.

🌍 V. Global Market Comparison (2026 Latest)

Country/Region Recommended HS Code Tariff (China Origin) Certification Notes
πŸ‡ΊπŸ‡Έ USA 2106.90.99.98 16.4% FDA Registration Lowest tax for unspecified foods.
πŸ‡¨πŸ‡³ China 2106.90.99.98 ~10-15% CIQ + HACCP Varies by product.
πŸ‡ͺπŸ‡Ί EU 2106.90 ~12% EFSA Compliance Strict labeling laws.
πŸ‡¬πŸ‡§ UK 2106.90 ~12% FSA Registration Post-Brexit rules apply.
πŸ‡¦πŸ‡Ί Australia 2106.90 ~5% FSANZ Low tariff, strict biosecurity.

πŸ“Œ Conclusion:
- USA has Section 122 + 301 tariffs, making total costs high.
- EU/UK/Australia generally have lower tariffs but stricter safety/labeling rules.
- Cost Advantage: For "Other Unspecified Foods," Chapter 21 (2106/2104) is generally cheaper than Chapter 33 if misclassified.


πŸ“Œ VI. Common Mistakes & Pitfalls (Lessons Learned)

❌ Mistake 1: Classifying Food as Cosmetic (3304)
πŸ‘‰ Consequence: 35% Tax instead of 16.4%. Plus, FDA Food Safety audit.

❌ Mistake 2: Ignoring Section 122 Tariff
πŸ‘‰ Consequence: Underpaying by 10% on all China-origin goods. Back taxes + Penalties.

❌ Mistake 3: Using "Other" without Specific Description
πŸ‘‰ Consequence: Customs may reclassify to the highest duty category or reject the shipment.

❌ Mistake 4: Confusing Homogenized (2104) with Other (2106)
πŸ‘‰ Consequence: 20.7% vs 16.4%. Missed 4.3% Savings.

βœ… Correct Approach:

"Other Unspecified Food Preparation, Mixed Snack, 500g, Non-Cosmetic, FDA Registered, Made in China"


🎯 VII. Conclusion: Professional Declaration, Save Costs!

🎯 Remember the Mnemonic:

πŸ”Ή "Food is Food, Not Cosmetic. 2106 is King, 3304 is Ring!"
πŸ”Ή "Section 122 adds 10%, Don't forget it, or you'll regret it!"
πŸ”Ή "Homogenized 20%, Soup 24%, Other 16% β€” Choose Wisely!"


πŸ“Œ Pro Tip:
If your product is high-weight, low-value, calculate if 2106.90.38.00 (13.1Β’/kg + 17.5%) is better than 2106.90.99.98 (16.4% ad valorem).
Example: For a 10kg shipment worth $100:
- 2106.90.99.98: $100 Γ— 16.4% = $16.40
- 2106.90.38.00: ($100 Γ— 17.5%) + (10kg Γ— $0.131) = $17.50 + $1.31 = $18.81
πŸ‘‰ Winner: 2106.90.99.98 for this case.


πŸ“£ Immediate Action:

πŸ“ž Contact a Licensed Customs Broker
πŸ“„ Prepare FDA Registration & Ingredient List
πŸ“Š Calculate Tariff Based on Weight vs. Value
πŸš€ Ensure Smooth Clearance, Avoid Delays, Maximize Profit!


✨ Professional Clearance Starts with Precise Classification!
πŸ’Ό Every Percent Saved is Pure Profit!

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About HS Code Classification

The Harmonized System (HS) is an internationally standardized nomenclature developed by the World Customs Organization (WCO) to classify traded products. Over 200 countries use the HS system as the basis for customs tariffs, trade statistics, and import/export regulations.

Each HS code follows a hierarchical structure:

  • Chapter (2 digits) β€” Broad category of goods (e.g., Chapter 84: Machinery and Mechanical Appliances)
  • Heading (4 digits) β€” More specific grouping within the chapter
  • Subheading (6 digits) β€” Internationally standardized breakdown, used by all WCO member countries
  • National subdivisions (8-10 digits) β€” Country-specific extensions for further classification, such as US HTSUS 10-digit codes

Correct HS code classification is essential for smooth customs clearance, accurate duty payment, and compliance with trade regulations. Misclassification can lead to customs delays, overpayment of duties, or penalties.

When importing from CN to US, the applicable tariff rates may include:

  • Most-Favored-Nation (MFN) rate β€” The standard duty rate applied to WTO members
  • General rate β€” Applied to countries without trade agreements
  • Trade remedy duties β€” Additional tariffs such as Section 301 (anti-dumping), Section 232 (national security), or countervailing duties

The information provided on this page is for reference purposes only. For official classification, please consult with your local customs authority or a licensed customs broker.