Subheading 2005 40 of the Combined Nomenclature covers peas (Pisum sativum) prepared or preserved otherwise than by vinegar, not frozen. Classification under this subheading is based on criteria set out in the Notes to Chapter 20 of the Combined Nomenclature (CN), derived from the Harmonized System (HS) of the World Customs Organization. Heading 2005 provides the classification framework within which subheading 2005 40 identifies a specific category of goods based on physical, chemical or functional characteristics. Importers should pay particular attention to distinguishing from adjacent subheadings within heading 2005, as differences in technical parameters may lead to different tariff classification with different duty rates and trade measures. Classification follows the General Rules for the Interpretation of the Combined Nomenclature (GRI), in particular rules 1 and 6. In case of classification uncertainty, Binding Tariff Information (BTI) ruling from the competent customs authority is recommended.

Import of goods under subheading 2005 40 into the European Union requires compliance with the Union Customs Code (Regulation (EU) No 952/2013). The importer must hold an EORI (Economic Operators Registration and Identification) number and submit a customs declaration on form SAD or electronically via the AIS/IMPORT system. Required documents include: a commercial invoice with product description, transport document (CMR, B/L or AWB), product specification and certificate of origin if the importer wishes to benefit from preferential duty rates under free trade agreements. Import of fruit and vegetable preparations requires compliance with food safety regulations (Regulation (EC) No 178/2002), labelling requirements (Regulation (EU) No 1169/2011), maximum residue levels for pesticides (Regulation (EC) No 396/2005) and phytosanitary controls. A health certificate may be required. Chapter 20 products are not subject to CBAM. Current requirements should be verified in the European Commission TARIC system. Depending on the type of goods, additional certificate and declaration of conformity requirements may apply. The importer should maintain documentation enabling identification of the supplier and recipients in the supply chain.

MFN (Most Favoured Nation) duty rates for goods under subheading 2005 40 should be verified in the current European Commission TARIC database, as they may be subject to changes. Preferential rates may be available under free trade agreements concluded by the EU, including CETA (Canada), EPA (Japan), agreement with South Korea, the United Kingdom (TCA) and under the Generalised Scheme of Preferences (GSP) for developing countries. Preferential treatment requires compliance with rules of origin and presentation of a valid proof of origin (EUR.1, invoice declaration, REX). The importer should also check TARIC for any anti-dumping duties, countervailing duties or other trade restrictions applicable to the product and country of origin. Imports from Russia and Belarus may be subject to restrictions under EU sanctions packages. Import VAT is charged at the national rate. The customs value includes the transaction price plus transport and insurance costs to the EU customs border. All rates and trade measures should be verified in TARIC.

Prepared peas under CN 2005 40 carry a conventional duty of 19.2%. This covers canned and jarred peas. Phytosanitary controls and EU labelling standards apply. Import VAT at the national rate.