CLA-2-7:S:N:N1:228 851021
TARIFF NOS.: 0705.11.2000; 0705.11.4000; 0705.19.2000;
0705.19.4000; 0705.29.0000
Mr. Claude Brosseau
A.N. Deringer, Inc.
30 West Service Road
Champlain, NY 12919
RE: The tariff classification of salads from Canada.
Dear Mr. Brosseau:
In your undated letter, on behalf of Socadia Inc., you
requested a tariff classification ruling.
Descriptive literature and ingredients breakdowns for three
items accompanied your letter. The products are prepared, mixed
salads, composed of chilled, cut vegetables, put up in sealed
plastic pouches containing 200 grams, net weight. The salads
contain no dressings, preservatives, or other additives. "Flora"
salad contains 85 percent iceberg lettuce, 7.5 percent red
cabbage, and 7.5 percent carrots. "Delice" salad is composed of
45 percent iceberg lettuce, 45 percent romaine lettuce, and 10
percent red cabbage. "Royal" salad consists of 45 percent
romaine lettuce, 45 percent escarole, and 10 percent radiccio.
The applicable subheading for the "Flora" mixed salad, if
entered in the period from June 1 to October 31, inclusive, in
any year, will be 0705.11.2000, Harmonized Tariff Schedule of the
United States (HTS), which provides for lettuce (Lactuca
sativa)... fresh or chilled... head lettuce (cabbage lettuce).
The rate of duty will be .88 cents per kilogram. When entered at
any other time, this salad will be classified in subheading
0705.11.4000, HTS, and dutiable at the rate of 4.4 cents per
kilogram.
"Delice" salad, if entered in the period from June 1 to
October 31, inclusive, in any year, will be classified in
subheading 0705.19.2000, HTS, which provides for lettuce... fresh
or chilled...
other. The rate of duty will be .88 cents per kilogram. When
entered at any other time, it will be classified in subheading
0705.19.4000, HTS, and dutiable at the rate of 4.4 cents per
kilogram.
"Royal" salad is classifiable in subheading 0705.29.0000,
HTS, which provides for chicory (Cichorium spp.)... fresh or
chilled...
other. The rate of duty will be .33 cents per kilogram.
The above classifications will apply whether the salads are
made from vegetables grown in Canada, or from vegetables of
United States origin cut, washed, and packaged in Canada.
Goods classifiable under subheadings 0705.11.2000,
0705.11.4000, 0705.19.2000, 0705.19.4000, and 0705.29.0000, HTS,
which have originated in the territory of Canada, will be
entitled to a .7, 3.5, .7, 3.5, and .2 cents per kilogram rate of
duty , respectively, under the United States-Canada Free Trade
Agreement (FTA) upon compliance with all applicable regulations.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport