Chapter 09
Coffee, tea, maté and spices
Section II — Vegetable products · 10 headings · 39 subheadings
Duty in chapter 09 at a glance
Counted across the 102 US national lines beneath this chapter's subheadings. It says what kind of chapter this is before you read ninety headings to find out.
- Duty-free lines
- 81 of 102 stating a rate
- Ad valorem range
- 1.9% – 6.4%
- Dutiable per unit, not on value
- 12 lines are charged per kilogram, litre or item rather than as a percentage of the customs value. A landed-cost estimate built from value alone will understate the duty on those.
Preference programmes appearing in this chapter
Named from General Note 3(c)(i). A programme appearing here does not mean it applies to your goods — that depends on the line, the origin and the agreement's rules of origin.
What this chapter excludes
These notes push goods out of chapter 09 even when a subheading's wording seems to fit. They are the fastest way to find out you are in the wrong chapter.
2. This chapter does not cover Cubeb pepper (Piper cubeba) or other products of heading 1211.
Legal notes
Reproduced from the published tariff schedule. Section and chapter notes are binding and part of the nomenclature; statistical notes are US reporting rules and are not classification law.
Section II notes VEGETABLE PRODUCTS
1. In this section the term "pellets" means products which have been agglomerated either directly by compression or by the addition of a binder in a proportion not exceeding 3 percent by weight.
Chapter 09 — Notes
Legal Notes of the Harmonized System. Binding, and part of the international nomenclature.
1. Mixtures of the products of headings 0904 to 0910 are to be classified as follows:
(a) Mixtures of two or more of the products of the same heading are to be classified in that heading;
(b) Mixtures of two or more of the products of different headings are to be classified in heading 0910.
The addition of other substances to the products of headings 0904 to 0910 (or to the mixtures referred to in paragraph (a) or (b) above) shall not affect their classification provided the resulting mixtures retain the essential character of the goods of those headings. Otherwise such mixtures are not classified in this chapter; those constituting mixed condiments or mixed seasonings are classified in heading 2103.
2. This chapter does not cover Cubeb pepper (Piper cubeba) or other products of heading 1211.
Chapter 09 — Additional U.S. Notes
Additional U.S. Notes. Binding in the United States; not part of the international HS.
1. Except as otherwise indicated, the provisions in this chapter cover the named products whether whole or in crushed or powdered form.
2. No allowance shall be made for dirt or other foreign matter in the products of this chapter.
3. The rates of duty specified in subheadings 0901.11 to 0901.22, inclusive, shall not apply to any product imported into Puerto Rico upon which a duty is imposed pursuant to section 319 of the Tariff Act of 1930, as amended (19 U.S.C. 1319).
4. All immediate containers and wrappings, and all intermediate containers, of tea (heading 0902) in packages of less than 2.3 kg, net, each are dutiable at the rates applicable to such containers and wrappings if imported empty, except that such goods originating in the following territories listed below shall enter free of duty.
Australia, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Singapore.
5. Pursuant to 21 U.S.C. 41, the importation of impure tea is prohibited, except as provided for in chapter 98. 1/
6. The importation of pepper shells, ground or unground, is prohibited.
Chapter 09 — Statistical Notes
US statistical reporting only. NOT classification law.
1. For a list of approved standards for "Certified organic", see General Statistical Note 6.
1/ Carryover legal note from the Tariff Schedule of the United States (TSUS). The Tea Importation Act (21 U.S.C. 41) was repealed,effective April 9, 1996. The shaded area indicates that the provisions have expired.
Notes are reproduced from the published tariff schedule. They govern classification, but reading them is not the same as applying them to your goods — that is what a broker or a binding ruling is for.
Headings in chapter 09
0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion
0902 Tea, whether or not flavored
0903
0904 Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)
0906 Cinnamon and cinnamon-tree flowers
0907 Cloves (whole fruit, cloves and stems)
0908 Nutmeg, mace and cardamoms
0909 Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries
0910 Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices
Other chapters
Common questions
What does HS chapter 09 cover?
Coffee, tea, maté and spices. It contains 10 headings and 39 six-digit subheadings, and sits in Section II (vegetable products).
What is excluded from chapter 09?
2. This chapter does not cover Cubeb pepper (Piper cubeba) or other products of heading 1211.
Are chapter 09's notes legally binding?
This chapter carries 12 binding note paragraph(s) — legal notes of the Harmonized System, plus any US-specific Additional U.S. Notes. They decide classification, and they outrank the wording of an individual subheading. A further 2 statistical note paragraph(s) govern US reporting only and are not classification law.