CLA-2 CO:R:C:G 087615 ALS
Ms. Marla L. Ruth
Administrator
Rober Agro, Inc.
P.O. Box 262438
Tampa, Florida 33685-2438
RE: Fresh Guava Fruit from Venezuela
Dear Ms. Ruth:
This is in reference to your letter of July 27, 1990,
requesting the rates of duty that apply to fresh guava fruit from
Venezuela as well as information as to restrictive orders in
effect for this fruit.
FACTS:
You wish to import the fresh unprocessed edible fruit of the
guava shrub or tree from Venezuela.
ISSUE:
What is the tariff classification of fresh unprocessed guava
fruit from Venezuela?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is governed by
the General Rules of Interpretation (GRI's). GRI 1 requires that
classification be determined first according to the terms of the
headings of the tariff and any relative section or chapter notes
and, unless otherwise required, then according to the remaining
GRI's, taken in order.
Heading 0804 of Chapter 8, HTSUSA, covers the tariff
classification of various edible fruits. Subheading 0804.50
thereunder specifically covers guavas, mangoes and mangosteens.
These fruits, if entered during the period from September 1 of
any year, to the following May 31, inclusive, are classifiable
under subheading 0804.50.4000, HTSUSA. These fruits, if entered
at any other time of the year are classifiable under subheading
0804.50.6000, HTSUSA.
HOLDING:
Guava fruit entered during the period September 1 of any
year, to the following May 31, inclusive, are classifiable under
subheading 0804.50.4000, HTSUSA, and are dutiable at the general
rate of 8.27 cents per kilogram. Guava fruit entered at any
other time of the year is classifiable under subheading
0804.50.6000, HTSUSA, and is dutiable at the same general rate
of 8.27 cents per kilogram.
Guava fruit which is the product of Venezuela is entitled
to duty free entry under the Generalized System of Preferences
upon compliance with applicable regulations. Additional
information regarding the Generalized System of Preferences is
enclosed.
Since the importation of fresh fruit is subject to the
control of the Animal and Plant Health Inspection Service of the
U.S. Department of Agriculture and the Food and Drug
Administration of the U.S. Department of Health and Human
Services, we have referred your inquiry to them. They will
respond to you directly regarding restrictions on the importation
of guava fruit.
Sincerely,
John Durant, Director
Commercial Rulings Division