CLA-2-7:OT:RR:NC:2:228
Mr. Giancarlo Di Stefano
T.A.F. Enterprises, Inc.
435 Newbury Street
Danvers, MA 01923
RE: The tariff classification of frozen vegetables from Italy
Dear Mr. Di Stefano:
In your letter dated January 19, 2011 you requested a tariff classification ruling.
Additional information was provided in email correspondence dated January 21, 2011. The products are described as individually quick frozen (IQF) peas, chickpeas, string beans, artichokes, and kalamata olives, imported in bulk. All will be blanched in water prior to freezing. The peas and chickpeas will be whole, the string beans and artichokes will be sliced, and the kalamata olives will be pitted and sliced.
The applicable subheading for the frozen peas, if entered during the period from July 1 to September 30, inclusive, in any year, will be 0710.21.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetables (uncooked or cooked by steaming or boiling in water), frozen…leguminous vegetables, shelled or unshelled…peas (Pisum sativum). The rate of duty will be one cent per kilogram. If entered at any other time the applicable subheading will be 0710.21.4000, HTSUS. The rate of duty will be 2 cents per kilogram.
The applicable subheading for the frozen, sliced string beans will be 0710.22.4010, HTSUS, which provides for vegetables (uncooked or cooked by steaming or boiling in water), frozen…leguminous vegetables, shelled or unshelled…beans (Vigna spp., Phaseolus spp.)…reduced in size…green and wax. The rate of duty will be 11.2 percent ad valorem.
The applicable subheading for the frozen chickpeas will be 0710.29.0500, HTSUS, which provides for vegetables (uncooked or cooked by steaming or boiling in water), frozen…leguminous vegetables, shelled or unshelled…other…chickpeas (garbanzos). The rate of duty will be one cent per kilogram.
The applicable subheading for the frozen, sliced artichokes will be 0710.80.9750, HTSUS, which provides for vegetables (uncooked or cooked by steaming or boiling in water), frozen…other vegetables…other…reduced in size…other…other. The rate of duty will be 14.9 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 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). It is suggested you contact this agency for further information.
Your inquiry does not provide enough information for us to give a classification ruling on the kalamata olives. Your request for a classification ruling should include a complete description of the manufacturing process, and a sample (6 to 8 ounces, drained weight) for laboratory analysis. When this information is available, you may wish to consider resubmission of your request.
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