CLA-2-8:S:N:N1:228
0804.40.0000; 0804.50.4000; 0804.50.5000
Mr. Norman W. Kennedy
A & N Kennedy Industries, Inc.
125 Sherwood Lane
Mt. Holly, NJ 08060
RE: The tariff classification of fresh fruits from Trinidad
Dear Mr. Kennedy:
In your letter dated September 8, 1992 you requested a
tariff classification ruling.
The fruits you plan to import are bananas, pineapples,
avocados, mangoes, and citrus fruits.
The applicable subheading for the fresh bananas will be
0803.00.2020, Harmonized Tariff Schedule of the United States
(HTS), which provides for bananas and plantains, fresh or
dried...bananas...fresh. The duty rate will be free.
The applicable subheading for fresh pineapples, not cut,
sliced or otherwise reduced in size, imported in bulk, will be
0804.30.2000, HTS, which provides for pineapples...fresh...not
reduced in size...in bulk. The rate of duty will be 0.64 cents
per kilogram. Fresh pineapples, not reduced in size, imported in
crates or other packages, will be classified in subheading
0803.30.4000, HTS. The rate of duty for these pineapples will be
1.31 cents per kilogram.
The applicable subheading for fresh avocados will be
0804.40.0000, HTS, which provides for avocados...fresh or dried.
The rate of duty will be 13.2 cents per kilogram.
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 either case, the rate of duty will be 8.27 cents per
kilogram.
Articles classifiable under subheadings 0804.50.4000 and
0804.50.6000, HTS, which are products of Trinidad are entitled to
duty free treatment under the Generalized System of Preferences
(GSP) or the Caribbean Basin Economic Recovery Act (CBERA) upon
compliance with all applicable regulations.
Articles classified under subheadings 0804.30.2000,
0804.30.4000, and 0804.40.0000, HTS, which are products of
Trinidad are entitled to duty free treatment under the Caribbean
Basin Economic Recovery Act (CBERA) 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. In addition,
avocados are subject to inspection and certification requirements
of the U.S. Department of Agriculture, Agricultural Marketing
Service. It is suggetsted you contact these agencies directly
for further information.
Your inquiry does not provide enough information for us to
give a classification ruling on the citrus fruits. Your request
for a classification ruling should include the names of the
citrus fruits you plan to import. Identify the fruits by their
common and botanical name.
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