CLA-2-7:S:N:N1:228
Mr. Michael J. Wolzen
J. Wolzen Trucking Inc.
6243-64 Street
Delta, B.C. Canada V4K 4E2
RE: The tariff classification of cull vegetables from Canada
Dear Mr. Wolzen:
In your letter dated October 30, 1991, which was received
on May 21, 1992, you requested a tariff classification ruling.
The merchandise is described as cull potatoes and cull
carrots, i.e., whole, fresh vegetables found not to meet either
the Canadian or U.S. Department of Agriculture standards for
vegetables for human consumption. These vegetables will be
imported in large bins, and used as cattle feed by the dairy
industry.
The applicable subheading for the cull potatoes will be
0701.90.5040, Harmonized Tariff Schedule of the United States
(HTS), which provides for potatoes, fresh or
chilled...other...other...other. The duty rate will be .77 cents
per kilogram.
The applicable subheading for the cull carrots will be
0706.10.2000, HTS, which provides for carrots...other...other.
The rate of duty will be 1.1 cents per kilogram.
Goods classifiable under subheadings 0701.90.5040 and
0706.10.2000, HTS, which have originated in the territory of
Canada, will be entitled to a .4 cents per kilogram, and .6 cents
per kilogram rate of duty, respectively, under the United States-
Canada Free Trade Agreement (FTA) 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