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The HS classification of plant-based meat

 



What is a classification?

HS classification is the process of determining a products place in the universal index of international trade. Proper classification is essential to compliance, but finding the true classification of a certain product can be challenging and sometimes  absurd.

Plant-based meat vendors are working hard to brand their products as a meat alternative rather than as a traditional vegetarian product. While this marketing strategy is working, for Customs purposes these products remain under the same heading as all other imitation meats (2106.90). However, new products are arriving quickly (such as plant-based eggs and bacon) which could be classified differently depending on their ingredient list and level of manufacturing — if the product has one dominant ingredient (i.e. it is made of 100% beets) then the correct classification could reasonably shift to a different category.

 

Description HS Code Current Duty Rate PGA Requirements* Detail
Plant-based meat (incl. burger patties and sausages) 2106.90.99.99  10.5%  CFIA, Environment Canada  All plant-based meat products are classified as ‘food preparations not elsewhere specified’

*Note that the PGA requirements can vary depending on the country of origin, end use and state (dried, chilled, fresh) of the items you are importing. For more information, please contact us.

**Classifications are provided by Border Bee Customs Brokers as a reference guide for importers and should not be relied upon solely for commercial classification.



The HS Classification of Drones

Look up in the sky! its a … helicopter of an unladen weight not exceeding 998 kg


What is a classification?

HS classification is the process of determining a products place in the universal index of international trade. Proper classification is essential to compliance, but finding the true classification of a certain product can be challenging and sometimes  absurd.

Drones pose an interesting challenge for classification since their end use can vary significantly — most rulings to date have focused on their end use (as either surveying equipment or videography) leading to a variety of different headings and duty rates. The admissibility in Canada as Transport Canada has yet to regulate such products at time of import. Perhaps even more interesting from a Customs perspective, is how cargo drones will be regulated when it comes to cross-border traffic!?

 

 

 

Description HS Code Current Duty Rate PGA Requirements* Detail
Drone (UAV) 8802.11.00.14  0%  n/a  Drones for carrying cargo are classified as mini-helicopters. We would place other drones — including hobby and racing drones — under this heading as well.
Video Drone 8525.80.00.50  0%  n/a  Drones outfitted with video cameras — for which the principal purpose is taking video — will be classified as cameras.
Drone for Surveying 9006.30.90.00  5%  n/a  Some specialized drones, such as those for aerial surveying, have been classified by the CBSA as surveying cameras.
Drone Propellers and other parts 8803.10.00.00  0%  n/a  Parts for drones — excluding cameras — will be classified as parts of helicopters.

*Note that the PGA requirements can vary depending on the country of origin, end use and state (dried, chilled, fresh) of the items you are importing. For more information, please contact us.

**Classifications are provided by Border Bee Customs Brokers as a reference guide for importers and should not be relied upon solely for commercial classification.



The HS classification of Drones and Drone Parts

Drones pose an interesting challenge for classification since their intended use will have a large impact on their tariff heading: Drones outfitted with HD cameras will be classified as cameras, whereas drones for carrying packages

No permits are yet required to import drones so the admissibility is not an issue.

Description HS Code PGA Requirements* Explanation
Drone (UAV)  8802.11.00.14  Drones (or Unmanned Aerial Vehicles) designed for carrying cargo or delivery will fall under the “other aircraft” heading as lightweight helicopters
Video Drone  8525.80.00.50  Brokers note: if the camera installed in the drone is less valuable than other components, or if its primary function is not take video, it can be arguably classified as a drone.
 Survey Drone  9006.30.90.00  CBSA ruling  #272335. Drones meant for geographical surveying are classified as “cameras specially designed for aerial survey”
Drone Propellers  8803.10.00.00  Propellers for drones are considered parts of aircraft where imported separately from drones

 

*Note that the PGA requirements can vary depending on the country of origin, end use and state (dried, chilled, fresh) of the items you are importing. For more information, please contact us!

**All classifications are the opinion of Border Bee Customs Brokers Inc. and are meant to assist trade companies in their HS determinations. Unpredictable changes in classification may occur as a result of even minor modifications so we encourage importers to seek binding rulings where possible and not to use this article as legal advice.



The HS Classification of Cannabis Products

With the imports of legal cannabis plants and products set to jump significantly, Statistics Canada has published their list of harmonized system tariff classifications to help importers. Please find a list of the most common items below along with their OGD regulations:

Note that only licensed growers may import Cannabis products. Please check with Health Canada for the admissibility of what you plan to import before ordering.

Description HS Code OGD Requirements**
Live Plants 0602.90.90.90 Health Canada Permit, Phytosanitary Certificate, CFIA
Cannabis Seeds for Sowing 1209.99.10.29 CFIA: Phytosanitary Certificate, Plant Protection Permit, Health Canada Permit, *Seed Analysis (for orders > 500 kg)
Cannabis plants, herbs & seeds used in pharmacy 1211.90.90.50 Health Canada Permit, CFIA: No Permit Required Letter, Plant Protection Permit
Cannabis resin or oleoresin 1302.90.00.10 CFIA, Health Canada permit
Cannabis oil, extracts, and tinctures 1302.19.00.10 CFIA, Health Canada permit
Medicaments for retail sale, containing cannabis or cannabinoids 3004.90.00.21 CFIA, Health Canada

**Note that the OGD requirements can vary depending on the country of origin, end use and state (dried, chilled, fresh) of the items you are importing. For more information, please contact our office directly.

 

 



Labelling versus Marking

One of the most popular questions we receive are those concerned with the labelling of imported goods in Canada.

These questions should be split into two parts: ‘marking’ needs to be done before importation and ‘labelling’ before the item is re-sold

Before Importing: Marking

Marking is merely the notation of the country of manufacture on the imported product. This is enough to satisfy Customs officials — the lack of a bilingual or detailed label does not concern them. To be clear, Customs only wants to confirm where your product is made or produced.

If your shipment is inspected, Customs will definitely check that the country of origin is marked on the goods. If they find no such marking, they will hold the shipment until you provide a letter guaranteeing that the marking will be applied. Customs will also issue you a penalty if this is the case (depending on whether it is a first offense, the penalty is $150).

*Most, but not all, imported goods require marking. You can check the appendix here.

**It is possible that Customs can inspect your import — and if they discover that an existing label is misleading or deficient — demand a similar correction from you before releasing the product. (We have yet to experience this phenomenon, but the Food and Drug Regulations does provide for this scenario).

Before you re-sell: Labelling

Once the goods are released into Canada for consumption, it is then up to the importer to determine that the goods meet any specific labelling requirements before being sold at retail. What the label must provide depends on what type of good you are re-selling:

Food: Use the CFIA’s online tool

Note:  “name and address” may be your company — the importer — rather than the manufacturer

Apparel and textile articles: fibre content, care instructions, country of origin, and responsible party (Canadian brands may use a CA#)

FAQ

Does my product need to have a bilingual, detailed label applied before it arrives in Canada?

No. The product or its packaging should be marked with its country of origin, but the additional elements required on a label may be added to a product post-release.

I am importing apparel, does it need to be labelled before arrival?

For clothes, marking is often on the label itself. So, unless the marking of the origin exists elsewhere on the apparel, then a label indicating country of manufacture must be added before importation.

How do I know if my product is ‘marked’?

Is the country of origin clearly indicated on the product or packing? If so, it is marked.

What should I do to ensure that my imported goods are clearly marked?

If you do not trust your vendor, we recommend requesting a photograph of the marking from them before shipping.

Border Bee estimates that less than 1% of all importations into Canada are penalized for lack of marking — but it is always a possibility.