CLA-2-7:S:N:N1:228
0710.80.9710; 0804.50.4000; 0804.50.6000; 2005.60.0000;
2005.90.9500;
Mr. Jorge Remy Padilla
Hurrefran Peruana S.A.
Salaverry No. 560
Aptdo 457
Chiclayo, Peru
RE: The tariff classification of fruits and vegetables from Peru
Dear Mr. Padilla:
In your letter dated July 31, 1991, you requested a tariff
classification ruling.
The letter indicates you plan to export fruits and vegetables
in a fresh, frozen, or preserved condition. Mangoes and
asparagus will be fresh, asparagus may be frozen. Products
described as exported in a "preserved" state, which, in the case
of the vegetables, will be canned, are asparagus, gherkins,
broccoli, mangoes, pineapples, and strawberries.
The applicable subheading for fresh, whole asparagus,
entered during the period from September 15 to November 15,
inclusive, in any year, and transported to the United States by
air, will be 0709.20.1000, Harmonized Tariff Schedule of the
United States (HTS). The rate of duty will be 5 percent ad
valorem. Fresh asparagus not conforming to the above
description will be classified in subheading 0709.20.9000, HTS,
which provides for other vegetables, fresh or
chilled...asparagus...other. The duty rate will be 25 percent ad
valorem.
The applicable subheading for frozen, whole asparagus will
be 0710.80.7060, HTS, which provides for vegetables (uncooked or
cooked by steaming or boiling in water), frozen...other
vegetables...other...not reduced in size...other...other. The
duty rate will be 25 percent ad valorem. Frozen asparagus that
has been cut, sliced, or otherwise reduced in size will be
classified in subheading 0710.80.9710, HTS. The rate of duty
will be 17.5 percent ad valorem.
Fresh mangoes, entered during the period from September 1, in
any year, to the following May 31, inclusive, will be classified
in subheading 0804.50.4000, HTS. If entered at any other time,
they will be classified in subheading 0804.50.6000, HTS. In
both cases, the rate of duty will be 8.27 cents per kilogram.
Canned asparagus will be classified in subheading
2005.60.0000, HTS, which provides for other vegetables prepared
or preserved otherwise than by vinegar or acetic acid, not
frozen...asparagus. The rate of duty will be 17.5 percent ad
valorem.
The applicable subheading for the canned gherkins and canned
broccoli will be 2005.90.9500, HTS, which provides for other
vegetables prepared or preserved otherwise than by vinegar or
acetic acid, not frozen...other...other...other. The rate of
duty will be 17.5 percent ad valorem.
Articles classifiable under subheadings 0709.20.1000,
0710.80.7060, 0804.50.4000, 0804.50.60, and 2005.90.9500, HTS,
which are products of Peru are entitled to duty free treatment
under the Generalized System of Preferences (GSP) upon compliance
with all applicable regulations.
Your inquiry does not provide enough information for us to
give a classification ruling on the "preserved fruits." Your
request for a classification ruling should include a full
description of the method of manufacture for the products. How
were the fruits prepared? What other ingredients are present
(sugar, salt, vinegar, etc.)? How are they packaged?
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
Sincerely,
Jean F. Maguire
Area Director
New York Seaport