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12
Tariff Chapter 12
Seeds, fruit and spores, of a kind used for sowing
What does heading 1209 of the customs tariff cover?
Heading 1209 covers seeds, fruit and spores for sowing. These products are important in international agricultural trade, used in the food, feed, oil and pharmaceutical industries. Import of these products into the EU is subject to duty rates of 0-4%. A phytosanitary certificate is required. Products must meet EU food safety standards for mycotoxins, pesticides and GMOs. Genetically modified oilseeds (e.g. Heading 1209 is part of Chapter 12 (vegetable products and foodstuffs) of the Combined Nomenclature (CN) used in the European Union. This classification is based on the Harmonized System (HS) developed by the World Customs Organization (WCO), which is used in over 200 countries worldwide. The EU Combined Nomenclature extends the HS with additional 8-digit subheadings, while the TARIC system adds 10-digit codes for identifying specific trade measures. Each 4-digit heading such as 1209 is subdivided into 6-digit (HS), 8-digit (CN) and 10-digit (TARIC) subheadings that specify the type of goods for the purpose of applying the correct duty rates, trade measures and regulatory requirements. Correct determination of the 10-digit code is essential for establishing the amount of customs duties and taxes, as well as required permits and certificates. Classification of goods under heading 1209 must follow the General Rules for the Interpretation (GRI) of the Combined Nomenclature. Rule 1 states that classification is determined primarily by the terms of the headings and the relevant section or chapter notes. The Explanatory Notes to the Harmonized System and the Combined Nomenclature clarify the scope of each heading and are essential references for importers and customs brokers.
Duty rates and import requirements for heading 1209
These products are important in international agricultural trade, used in the food, feed, oil and pharmaceutical industries. Import of these products into the EU is subject to duty rates of 0-4%. A phytosanitary certificate is required. soy) require EU approval. A phytosanitary certificate confirming freedom from quarantine organisms is required. GMO seeds and products require EU approval of the transformation event. Products must meet EU standards for mycotoxins, pesticides and contaminants. Check whether the exporting country benefits from tariff preferences. When importing goods under heading 1209 into the European Union, attention must be paid to applicable duty rates, which depend on the specific subheading (8- or 10-digit code) and the country of origin. MFN (Most Favoured Nation) duty rates apply to imports from countries with which the EU does not have preferential trade agreements. Current rates can be checked in the EU TARIC database on the European Commission website. Import of goods under heading 1209 may benefit from preferential duty rates under Free Trade Agreements (FTAs) concluded by the EU with third countries, the Generalised Scheme of Preferences (GSP) for developing countries, or autonomous tariff suspensions. Claiming preferences requires presentation of appropriate proof of origin (EUR.1 certificate, origin declaration, REX certificate or statement on origin under the registered exporter system). Goods under heading 1209 are subject to phytosanitary or food safety controls. Required documentation includes: phytosanitary certificates, health certificates, pesticide residue test results. In addition to customs duty, imports are subject to VAT at the rate applicable in the country of destination. The VAT taxable amount at import is the customs value plus duty and any countervailing or anti-dumping duties. The importer must file an electronic customs declaration in the national import system.
Classification of goods under heading 1209 - key considerations
Heading 1209 covers seeds for sowing. Classification under this heading requires precise determination of product type, processing level and intended use. CN subheadings divide products in detail by physical and chemical characteristics. Common classification errors involve confusion with headings 0601 or 0713. Key factors: composition, raw material origin and processing method determine correct subheading assignment.
Frequently asked questions
What are the duty rates for seeds for sowing (heading 1209)?
EU import duties on seeds for sowing under heading 1209 range from 0% to 8.3% depending on seed type. Sugar beet seeds carry the highest rate at 8.3%. Forage grass seeds face 2.5% duty, while many leguminous and oilseed plant seeds benefit from 0%. Herb and flower seeds may face rates up to 8.3%. This heading covers seeds, fruit and spores intended exclusively for sowing - the same product for other purposes is classified under different headings. Current duty rates should be verified in the European Commission's TARIC database. Classification follows the Combined Nomenclature (CN) of the European Union.
What documents are needed to import seeds for sowing into the EU?
Importing seeds for sowing requires a phytosanitary certificate from the exporting country's plant protection authority. A seed quality certificate (ISTA or equivalent) confirming germination capacity, purity and health status is required. Genetically modified seeds require EFSA authorization. For seeds of certain species, compliance with Directive 2002/55/EC (vegetables) or 66/401/EEC (fodder plants) is required. This applies to goods classified under heading 1209 of the Combined Nomenclature. Current duty rates should be verified in the European Commission's TARIC database. Classification follows the Combined Nomenclature (CN) of the European Union.
What should importers consider when bringing seeds for sowing into the EU?
Documenting that seeds are intended for sowing is essential - without this they may be classified under different headings with higher duties. Seeds must meet EU seed directive requirements for minimum germination capacity and varietal purity. Phytosanitary border controls may include testing for quarantine organisms. Verify whether the variety is registered in the EU Common Catalogue or national variety register. This applies to goods classified under heading 1209 of the Combined Nomenclature. Current duty rates should be verified in the European Commission's TARIC database. Classification follows the Combined Nomenclature (CN) of the European Union.
Useful tools & resources
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