CLA-2-16:OT:RR:NC:2:228
Ms. Gloria Chau
Trader Joe’s Company
P.O. Box 5049
Monrovia, CA 91016-6346
RE: The tariff classification of prepared meals from Spain.
Dear Ms. Chau:
In your letters dated May 7, 2008, and June 17, 2008, you requested a tariff classification ruling.
Samples and production flow charts for five products were submitted with your May letter. Ingredients breakdowns accompanied your June letter. The samples were examined and disposed of. The products are ready to heat and serve food preparations put up in individual servings for retail sale. Ensalada Ligera con Soja (Light Salad with Bean Sprouts) contains 24-26 percent tuna, 19-21 percent cooked multi-colored pasta, 12-14 percent sweet corn, 10-12 percent grilled red pepper, 9-11 percent, each, of carrot and string bean, 6-8 percent soya shoots, 2 percent vinegar, 1.7 percent olive oil, and less than one percent, each, of sugar, salt, autolyzed yeast extract, and ascorbic acid. Ensalada Rustica (Rustic Salad) contains 35-37 percent cooked multi-colored pasta, 24-26 percent grilled red pepper, 11-13 percent shredded tuna, 9-11 percent onion, 5 percent olive oil, 4-6 percent potato cubes, 3-5 percent sliced black olives, 3 percent vinegar, and less than one percent, each, of salt, autolyzed yeast extract, and ascorbic acid. Ensalada de Pasta con Atun (Pasta Salad with Tuna) contains 35-37 percent cooked pasta, 15-17 percent sweet corn, 10-12 percent carrot, 7-9 percent onion, 6-8 percent each of green pepper, sliced black olive, and tuna, 5 percent sunflower oil, 3 percent vinegar, and less than one percent, each, of olive oil, salt, sugar, and ascorbic acid. Menestra Carretilla (Vegetable Medley) is a mixture of vegetables containing 20-22 percent, each, of carrots, peas, and string beans, 12-14 percent artichoke, 8-10 percent mushroom, 5-7 percent potato, 7 percent olive oil, 1 percent salt, and 1 percent, or less, of garlic. Judia Verde con Patata Carretilla (Green Beans with Potatoes) contains 59-61 percent string beans, 30-32 percent potato, 7 percent olive oil, 1 percent salt and one percent, or less, of garlic. The products are put up in vacuum sealed, heat treated plastic containers weighing 200 or 240 grams, net weight, packaged with a film-wrapped plastic utensil in a cardboard sleeve.
The applicable subheading for the Ensalada Ligera con Soja (Light Salad with Bean Sprouts) will be 1604.20.0510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other prepared or preserved fish…products containing meat of crustaceans, mollusks or other aquatic invertebrates…prepared meals. The rate of duty will be 10 percent ad valorem.
The applicable subheading for the Ensalada Rustica (Rustic Salad) and the Ensalada de Pasta con Atun (Pasta Salad with Tuna) will be 1902.30.0020, HTSUS, which provides for pasta, whether or not cooked or stuffed or otherwise prepared, …other pasta…canned. The rate of duty will be 6.4 percent ad valorem.
The applicable subheading for the Menestra Carretilla (Vegetable Medley) and the Judia Verde con Patata Carretilla (Green Beans with Potatoes) will be 2005.99.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006…other vegetables and mixtures of vegetables…other. The rate of duty will be 11.2 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 646-733-3029.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division