CLA-2-7:OT:RR:NC:2:228
Mr. Yoon An
Ephphatha Produce & Aba Farms, LLC
8420 ½ South Tacoma Way
No. 5
Lakewood, WA 98499
RE: The tariff classification of fresh produce from Canada.
Dear Mr. An:
In your letter dated January 15, 2010, you requested a tariff classification ruling for several produce items. In an e-mail transmission dated January 20, 2010, you provided a more specific list of goods for which you would like a ruling. The products were identified as chives, cucumbers, mint, basil, and chive flowers. All products will be in fresh condition, neither processed nor preserved, packed in waxed cardboard boxes.
The applicable subheading for chives will be 0703.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled…leeks and other alliaceous vegetables. The rate of duty will be 20 percent ad valorem.
The applicable heading for the cucumbers will be 0707, HTSUS, which provides for cucumbers, including gherkins, fresh or chilled. If entered during the period from December 1 in any year to the last day of the following February, inclusive, the applicable subheading will be 0707.00.2000, HTSUS. The rate of duty will be 4.2 cents per kilogram. If entered during the period from March 1 to April 30, inclusive, in any year, the applicable subheading will be 0707.00.4000, HTSUS. The rate of duty will be 5.6 cents per kilogram.
If the cucumbers are entered during the period from May 1 to June 30, inclusive, or the period from September 1 to November 30, inclusive, any year, and greenhouse grown, the applicable subheading will be 0707.00.5010, HTSUS. If not greenhouse grown, the applicable subheading will be 0707.00.5090, HTSUS. In both cases, the rate of duty will be 5.6 cents per kilogram.
If the cucumbers are entered during the period from July 1 to August 31, inclusive, in any year, and greenhouse grown, the applicable subheading will be 0707.00.6010, HTSUS. If not greenhouse grown, and if the cucumbers do not exceed 15 cm (6 inches) in length and are presented in bulk quantities of 453.6 kilograms (1,000 pounds) or more, the applicable subheading will be 0707.00.6030, HTSUS. If not greenhouse grown and not meeting the preceding size and presentation requirements, the applicable subheading will be 0707.00.6050, HTSUS. In all cases, the rate of duty will be 1.5 cents per kilogram.
The applicable subheading for the mint will be 1211.90.2000, HTSUS, which provides for plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: other…mint leaves: crude or not manufactured. The rate of duty will be free.
The applicable subheading for the basil will be 1211.90.9140, HTSUS, which provides for plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: other…basil. The rate of duty will be free.
The applicable subheading for chive flowers will be 1404.90.9090, HTSUS, which provides for vegetable products not elsewhere specified or included: 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/.
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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
These goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact this agency directly for additional 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 (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division