CLA-2-7:S:N:N1:228
Mr. Nelson Navas Almeida
Jefe de Sistemas e Informacion Comercial
FEDEXPOR
Casilla 17-15-00187-8
Quito, Ecuador South America
RE: The tariff classification of fresh asparagus from Ecuador
Dear Mr. Almeida:
In your letter dated October 9, 1991, you requested a tariff
classification ruling.
The merchandise is described as fresh asparagus. You have
not indicated whether the vegetable will be cut, sliced, or
otherwise reduced in size, or how it will be transported to the
United States.
The applicable subheading for fresh asparagus, not reduced
in size, 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 duty rate will be 5 percent ad valorem.
Fresh asparagus not meeting these requirements will be classified
in subheading 0709.20.9000, HTS, and dutiable at the rate of 25
percent ad valorem.
Articles classifiable under subheading 0709.20.1000, HTS,
which are products of Ecuador are entitled to duty free treatment
under the Generalized System of Preferences (GSP) upon compliance
with all applicable regulations.
The importation of this merchandise may be subject to
restrictions imposed by the United States Department of
Agriculture and/or Food and Drug Administration. It is suggested
you contact these agencies directly for further information.
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