cherry tomatoes
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π Cherry Tomatoes (Solanum lycopersicum var. cerasiforme)
π HS Code Reference & Customs Clearance Guide | 2026 Latest Tariff Analysis | Professional Clearance Strategy
π I. Product Definition and Classification: Do You Really Know "Cherry Tomatoes"?
Cherry tomatoes are a small-fruited variety of tomato, widely consumed fresh or used in gourmet salads, snacks, and processing. In international trade, they are strictly classified based on their state (fresh vs. preserved) and origin.
Key Distinction:
- Fresh Cherry Tomatoes: Must be raw, unwashed (or merely washed/sorted), and not cooked or preserved.
- Processed/Preserved Cherry Tomatoes: If cooked, canned, dried, or frozen, they fall under different HS codes (e.g., Chapter 20).
- Whole vs. Cut: Whole tomatoes have a lower risk of contamination and different duty structures compared to cut/sliced produce in some jurisdictions.
β οΈ Critical Differentiator:
- If fresh, whole, and not preserved β 0709.60
- If dried, canned, or frozen β Not 0709.60 (Go to Chapter 20 or 08)
π¦ II. HS Code Classification Details (2026 Latest Tariff Authoritative Comparison)
| HS Code | Product Description | Application Scenario | Preservation Status |
|---|---|---|---|
0709.60.00.00 |
Tomatoes, fresh or chilled | Fresh whole cherry tomatoes, red/green, sold in bulk or retail packs | β Fresh/Chilled |
2002.10.00.00 |
Tomatoes, whole or in pieces, preserved by vinegar or oil | Canned cherry tomatoes in oil/vinegar | β Preserved |
2005.20.00.00 |
Tomatoes, prepared or preserved otherwise than by vinegar or oil (e.g., paste, sauce) | Tomato paste, ketchup, puree from cherry tomatoes | β Preserved |
0813.50.00.00 |
Dried fruits (including cherries, raisins, etc., but tomatoes are excluded if fresh); dried tomatoes fall here if truly dried | Dehydrated cherry tomatoes for snacking | β Dried |
π Key Reminder:
- Fresh cherry tomatoes MUST be declared under 0709.60.00.00.
- Do not misclassify fresh tomatoes as "vegetables" (generic) or confuse them with "berries" (Chapter 08) β tomatoes are botanically fruits but customs classifies them as vegetables (Chapter 07) when fresh.
- If the product is frozen, it still falls under 0709.60 in many jurisdictions, but some require specific sub-codes for "frozen."
π° III. 2026 Latest Tariff Rate Details (Including Surtaxes & Policy Add-ons)
β Applicable Country: United States (US)
β Origin: China (CN)
β Effective Date: From November 10, 2025 (and subsequent imports)
π― 1. 0709.60.00.00 ββ Tomatoes, Fresh or Chilled
| Item | Content |
|---|---|
| Base Duty Rate | 0% (ad valorem) |
| USITC Additional Duty | 0% (Note: Fresh vegetables are generally exempt from Section 301 tariffs compared to electronics/metals, but check specific footnotes) |
| IEEPA Additional Duty | 0% (Fresh agricultural products are often excluded or have lower rates under IEEPA Section 301) |
| Total Duty Rate | 0% |
| Tax Calculation | CIF Value Γ 0% = $0 |
| De Minimis Eligibility | β No (Perishable goods often have stricter rules; however, the duty itself is 0%) |
| Legal Basis Path | HTSUS:0709.60.00.00 β USITC:Footnote 9903.88.01 (if applicable) β USDA Regulations |
π Explanation:
- Fresh tomatoes from China are generally subject to 0% duty in the US under the standard Most Favored Nation (MFN) rate.
- However, be aware of phytosanitary regulations (USDA/APHIS) which are far more critical than duties for fresh produce.
- If the tomatoes are not from China (e.g., from Peru, Mexico, Canada), duties may still be 0% under FTAs, but USDA inspections remain strict.β οΈ Critical Note on 2026 Tariffs:
- While the duty is 0%, anti-dumping duties may apply if the tomatoes are deemed to be dumped. China has faced anti-dumping probes on certain agricultural products, but tomatoes are not currently under active high anti-dumping tariffs in the US.
- Always verify with the latest USITC notice for any temporary trade barriers.
π οΈ IV. Customs Clearance Practical Advice (Field Pitfall Avoidance Guide)
β 1. Required Documentation Checklist (No Omissions)
| Document | Must Provide | Description |
|---|---|---|
| β Phytosanitary Certificate | βοΈ | Issued by the exporting countryβs plant protection agency, certifying pest-free status. |
| β USDA/APHIS Import Permit | βοΈ | Required for fresh tomatoes from most countries. |
| β Commercial Invoice | βοΈ | Clearly state: "Fresh Cherry Tomatoes, Variety: [Name], Origin: [Country]" |
| β Packing List | βοΈ | Detail net/gross weight, packaging type (e.g., clamshell, bulk box). |
| β Cold Chain Log | βοΈ | Proof of temperature control during transit (crucial for fresh produce). |
| β Certification of Origin | βοΈ | To prove origin and avoid re-exportation issues. |
β 2. Declaration Tips (Key Mnemonic)
π₯ βFresh Tomatoes, Phyto First, Temp Control is King!β
| Situation | Correct Declaration Method | Wrong Practice |
|---|---|---|
| Fresh Cherry Tomatoes | 0709.60.00.00 |
Mislabel as "Vegetables" β 0709.90 β Higher inspection risk |
| Dried Cherry Tomatoes | 0813.50.00.00 |
Declare as fresh β Seizure & Penalty |
| Canned Cherry Tomatoes | 2002.10.00.00 |
Declare as fresh β Seizure & Penalty |
| Frozen Tomatoes | 0709.60.00.00 (or specific sub-code) |
Declare as fresh without noting "frozen" β Confusion |
β 3. Special Circumstances Handling
| Situation | Handling Advice |
|---|---|
| USDA Inspection Failure | If pests are detected, the shipment will be rejected or destroyed. Ensure pre-export fumigation/cold treatment. |
| Temperature Abuse | If cold chain logs show temperature > 10Β°C (or specific limit), USDA may refuse entry. Use data loggers. |
| OEM/Private Label | Even if private label, the phytosanitary certificate must match the exporter. |
| Organic Certification | If claiming organic, provide NOP or EU Organic Certificate. Without it, may be denied organic premium pricing. |
π V. Global Major Market Clearance Comparison (2026 Latest)
| Country/Region | Recommended HS Code | Tariff | Certification Requirements | Remarks |
|---|---|---|---|---|
| πΊπΈ USA | 0709.60.00.00 |
0% | USDA APHIS + Phytosanitary | Strict inspection; cold chain vital |
| π¨π³ China | 0709.60.00.00 |
10% | GACC Registration | Import restrictions from certain regions |
| πͺπΊ EU | 0709.60.00 |
0% (if under quota) | GlobalG.A.P. + Phytosanitary | Strict pesticide residue limits |
| π¦πΊ Australia | 0709.60.00 |
5% | Biosecurity Import Permit | Quarantine risks high |
| π―π΅ Japan | 0709.60.00 |
0% | Phytosanitary + Pesticide Residue | Extremely strict residue limits |
π Conclusion:
- Duty is generally 0% for fresh tomatoes in major markets, but non-tariff barriers (phytosanitary, cold chain, residue limits) are the real cost drivers.
- USA: No duty, but high USDA inspection rigor.
- EU/JP: Zero duty if compliant, but pesticide limits are among the worldβs strictest.
π VI. Common Mistakes & Pitfall Guide (Lessons Learned)
β Mistake 1: Declaring "Cherry Tomatoes" as "Vegetables" (generic)
π Consequence: Higher scrutiny, potential misclassification penalties.
β Mistake 2: Forgetting the Phytosanitary Certificate
π Consequence: Shipment detained at port, possible destruction. No duty saved if lost.
β Mistake 3: Misdeclaring dried/canned tomatoes as fresh
π Consequence: Seizure, fines, and blacklisting of importer.
β Mistake 4: Ignoring Cold Chain Data
π Consequence: USDA/Customs may reject entry if temperature logs show abuse.
β Correct Practice:
"Fresh Cherry Tomatoes, Variety: 'Sunny Gold', Origin: Peru, Packaged in Clamshell Boxes, Net Weight: 5kg, Cold Chain Maintained at 4Β°C, Phytosanitary Certificate #123456 Attached"
π― VII. Conclusion: Professional Declaration Saves Time and Money!
π― Remember the Mnemonic:
πΉ "Fresh Tomatoes, Phyto First, Temp Control is King!"
πΉ "HS Code 0709.60, Duty 0%, but Inspection is 100%!"
π Pro Tip:
- If sourcing from Mexico, Canada, or Peru, leverage FTAs (USMCA, Andean Trade) for faster clearance.
- If sourcing from China, ensure GACC registration is valid and check for any anti-dumping notices.
- Always request pre-shipment inspection certificates and cold chain logs before booking ocean freight.
π£ Take Action Now:
π Contact a customs broker specialized in perishables + Provide Phytosanitary Certificate + Verify Cold Chain
π Let your cherry tomatoes, pass customs quickly, stay fresh, and maximize profit!
β¨ Professional Clearance Starts with Precise Classification!
πΌ Your every penny of cost is worth precise calculation!
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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.