0803.90.00.35 - Fresh

This HTS subheading, 0803.90.00.35, specifically classifies bananas and plantains that are imported in a fresh state. This designation encompasses the fruit as harvested, without undergoing any drying, processing, or preservation methods that alter their natural moisture content and physical characteristics. Examples include ripe, green, or partially ripe bananas and plantains intended for immediate consumption or further ripening.

Distinguishing this category from its sibling, 0803.90.00.45, is crucial. The sibling category covers dried bananas and plantains, which have had a significant portion of their water content removed. Therefore, the primary differentiator for 0803.90.00.35 is the condition of the fruit – it must be in its fresh, unaltered state, not dried, preserved, or processed in any manner that changes its fundamental moisture level.

As this subheading is a leaf node, it has no further subdivisions. Classification under this code is therefore determined solely by the fresh condition of the bananas and plantains. Importers must ensure that the goods meet the definition of "fresh" as understood in trade practices and customs regulations, meaning they have not undergone significant processing beyond harvesting and initial preparation for transport.