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April 2024, question 39

Classification · Tariff lookups: rates, units, programs

A shipment of fresh yellow potatoes is being imported. The invoice indicates that the potatoes are "certified organic" to __________ and the importer has stated that the merchandise is classifiable under 0701.90.1010. Which of the following entities would NOT correctly fill in the blank?

  1. The United States Department of Agriculture National Organic Program Regulation (7 CFR 205)
  2. The Mexican National Service or Animal and Plant Health, Food Safety and Quality Ley de Productos Organicos regulations (RLPO)
  3. The Canadian Organic Products Regulations (SOR/2006-338 COPR)
  4. The European Union (EU) Council Regulation (EC) No. 834/2007
Page from CBP's April 2024 exam booklet for question 39
Show the answer and walk-through

CBP's answer: B. B: The Mexican National Service or Animal and Plant Health, Food Safety and Quality Ley de Productos Organicos regulations (RLPO)

General Statistical Note 6 lists the programs that count as 'certified organic'. The USDA rule and the EU Council Regulation 834/2007 are on that list, but Mexico's RLPO regulations are not, so B is the entity that would not correctly fill the blank.

The United States Department of Agriculture National Organic Program Regulation (7 CFR 205) General Statistical Notes
The European Union (EU) Council Regulation (EC) No. 834/2007 and Commission Regulations (EC) No. 889/2008 and 1235/2008 General Statistical Notes
The Canadian Food Inspection Agency Act and Safe Food for Canadians Regulations General Statistical Notes

Search for: certified organic

CBP's key cites: General Statistical Notes

Edition note: CBP keyed B and that still holds. The 2026 note 6 now names Canada's Safe Food for Canadians Regulations (SFCR 2019) rather than the COPR cited in choice C, so C would also not match the note's wording today. The EU and USDA entries are unchanged.

Question and key from CBP's April 2024 exam and answer key. The walk-through is ours; quotes are from the pinned editions in the reference viewer (HTSUS 2026 Basic, 19 CFR 2025 edition).