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11

Tariff Chapter 11

Flour, meal, powder, flakes, granules and pellets of potatoes

What does heading 1105 of the customs tariff cover?

Heading 1105 covers potato flour, meal, powder, flakes and pellets. Milling industry products are widely used in the food, bakery, confectionery and feed industries. They represent processed forms of cereals and starchy plants. Import of these products into the EU is subject to duty rates in the range of 8-13%, often calculated as specific duties. A phytosanitary certificate is required. Products must meet EU standards for mycotoxins, pesticides and GMOs. Heading 1105 is part of Chapter 11 (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 1105 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 1105 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 1105

Import of these products into the EU is subject to duty rates in the range of 8-13%, often calculated as specific duties. A phytosanitary certificate is required. Genetically modified cereal products may only be imported if the transformation event is approved in the EU. Cereal milling products are often subject to specific duties (per tonne) rather than ad valorem rates. A phytosanitary certificate and compliance with EU mycotoxin and pesticide standards are required. GMO products require approval of the transformation event in the EU before import. Labelling must include allergen information (cereal gluten) under Regulation (EU) No 1169/2011. When importing goods under heading 1105 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 1105 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).

Classification of goods under heading 1105 - key considerations

Heading 1105 covers flour, meal, powder, flakes and granules of potatoes. Key point: products must be from potatoes and only dried/milled, not thermally processed. Common mistake: potato starch goes to heading 1108. Frozen fries go to 2004. Crisps/chips go to 2005. Instant mashed potato (with additives) goes to 2005. Dried potato pieces go to 0712.

Frequently asked questions

What duty rates apply to potato flour, meal, powder, flakes and pellets under heading 1105?
Customs duty rates for potato flour, meal, powder, flakes and pellets under heading 1105 depend on the specific tariff subheading (8- or 10-digit code) and the country of origin. MFN rates apply to imports from countries without preferential trade agreements. Preferential rates may be available under Free Trade Agreements (FTAs), the GSP scheme, or autonomous tariff suspensions. Current rates for heading 1105 should be verified in the European Commission's TARIC database. Standard VAT rate in Poland is 23%.
What documents are required when importing potato flour, meal, powder, flakes and pellets into the EU?
Importing potato flour, meal, powder, flakes and pellets under heading 1105 into the EU requires a customs declaration with the correct CN classification and the importer's EORI number. Standard documentation includes a commercial invoice, transport document and product specification. A certificate of origin is needed for preferential rates. Additional regulatory requirements depend on the product type and may include safety, conformity or quality control certificates. Imports are governed by the Union Customs Code (UCC).
What should be considered when classifying potato flour, meal, powder, flakes and pellets under heading 1105?
Classification of goods under heading 1105 requires applying the General Rules for the Interpretation of the Combined Nomenclature (CN). Key factors include the product's composition, intended use and level of processing. Heading 1105 covers potato flour, meal, powder, flakes and pellets - exact classification to the 6-, 8- or 10-digit subheading depends on the specific characteristics of the goods. In case of doubt, it is recommended to apply for Binding Tariff Information (BTI) from the competent customs authority. The EBTI database on the European Commission website can help with classifying similar goods. Current duty rates should be verified in the European Commission's TARIC database.