4. Notes
4.1 Alert
28. An ALERT has been put in place for tariff item and statistical key 2008.70.09.00L in respect of all of the member states of the European Union.
4.2 Goods Description
29. Only goods covered by the description of "Peaches (halves, slices and pieces) packed in retail sized cans" may be subject to anti-dumping and countervailing duty. Retail sized cans are defined as those of up to, and including, cans with a nominal size (content) of 3 kilograms.
30. The following points should be noted:
- Cans with a nominal net weight outside of the range specified in the above goods description, i.e. cans of a size greater than 3 kilograms or A10, are excluded from the determination and are not subject to anti-dumping or countervailing duty.
- A10 size cans may be shown with a nominal weight of up to 3060 g. These cans are included in the determination and anti-dumping and/or countervailing duty should be collected.
- All peaches packed in retail sized cans are subject to the anti-dumping duty regardless of whether they are packed with a medium (usually syrup or water) and regardless of the preservation method used. Solid pack peaches and aseptically processed and packed peaches are therefore subject to the duty provided they are packed in retail sized cans.
- Peaches packed other than in cans are not covered by the determination and are not subject to anti-dumping or countervailing duties. These may include for example, frozen peaches in solid pack cartons, and peaches packed in plastic pottles.
- Canned product containing a mixture of peaches and other fruit, such as fruit salad, and peaches and pears, are not subject to the duty.
31. Canned peaches of the kind subject to anti-dumping and countervailing duties may be invoiced according to either net weight or standard can sizes descriptors, the equivalents of which are shown in the table below.
| Nominal Weight | Standard Description |
| 410 g | N1M |
| 825 g | A2.5 or A22 |
| 3 kg | A10 |
4.3 Invoicing
32. If the invoice prices are not FOB, the FOB price for individual product lines can be calculated as follows:
- Calculate the percentage of the invoice dollar total represented by the product line.
- Apply this percentage to the foreign VFD shown on the entry to calculate the FOB applicable to the product line.
4.4 FAQ Page
33. The Frequently Asked Questions page may provide additional guidance regarding the applicability of the duties.
Back to Top