CLA-2-7:OT:RR:NC:232
Mr. Odizie Ukoha Ajike
Kingsody Inter-Continental
7203 Chestnut West
Randolph, MA 02368
RE: The tariff classification of various food products from Nigeria
Dear Mr. Ajike:
In your letter dated November 6, 2009 you requested a tariff classification ruling. You submitted descriptive literature and product samples with your request. The samples were examined and destroyed. Your query concerns the classification of several food products from Nigeria as follows:
1) Palm oil – this liquid is produced from the ripened fruits of the oil palm tree with the scientific name “Elaeis Guinensis”. After the palm oil is extracted and separated from the palm fruit juice, it is clarified and moisture is reduced through a vacuum pump. The oil is then separated by decantation into consumption palm oil. The oil will be imported in plastic containers packed in cartons containing approximately 25 liters.
2) Pumpkin leaf (Ugu) – the leaves from the tropical vine “Telfairia occidentalis” which have been cut from the stems and sun dried. They will be imported in cellophane bags containing 25 to 50 kilograms each.
3) Cassava flour (Garri) – this is an off-white, dry, granular powder prepared by drying and grinding the tuberous roots of the cassava plant and then roasting the dried powder.
4) Melon seeds (Egusi) – these are harvested from the melon fruit, washed and dried and packaged in cellophane bags and boxes weighing approximately 50 kilograms.
5) Oil bean seeds (Ogbono) – this seed comes from the oil bean fruit of the family “Irvingiaceae” also known by the common names wild mango, African mango or bush mango. They have been sun dried for preservation and will be imported packaged in cellophane bags and boxes weighing approximately 50 kilograms.
The applicable subheading for the Palm oil will be 1511.90.0000, HTSUS, which provides for palm oil and its fractions, whether or not refined, but not chemically modified...other. The rate of duty will be free.
The applicable subheading for the Pumpkin leaf (Ugu) will be 0712.90.8580, HTSUS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared…other vegetables…other. The rate of duty will be 8.3 percent ad valorem.
The applicable subheading for the Cassava flour (Garri) will be 2008.99.6500, HTSUS, which provides for other edible parts of plants, otherwise prepared or preserved…not elsewhere specified or included…other…cassava (manioc). The rate of duty will be 7.9 percent ad valorem.
The applicable subheading for the Melon seeds (Egusi) will be 1209.99.4075, HTSUS, which provides for seeds, fruits and spores, of a kind used for sowing...other...other...other...other… melon. The rate of duty will be 0.83 cents per kilogram.
The applicable subheading for the Ogbono nuts will be 1207.99.0291, HTSUS, which provides for other oil seeds and oleaginous fruits, whether or not broken: other…other…other.. The rate of duty will be free.
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/.
Articles classifiable under subheadings 0712.90.8580, 1207.99.0291, 1209.99.4075, and 2008.99.6500, HTSUS, which are products of Nigeria are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".
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.
The importation these products may be subject to restrictions imposed by the United States Department of Agriculture (USDA) and/or Food and Drug Administration (FDA). It is suggested you contact those agencies directly for further information.
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 (chapters 7 and 20) at 646-733-3029 and National Import Specialist Frank Troise (chapters 12 and 15) at 646-733-3031.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division