CLA-2-20:OT:RR:NC:2:228
Mr. Jose Quintana
Quintana Hermanos Inc.
PO Box 364706
San Juan, PR 00936-4706
RE: The tariff classification of canned peppers from Spain
Dear Mr. Quintana:
In your letter dated April 7, 2011, you requested a tariff classification ruling.
Three samples and descriptive literature accompanied your letter. The samples were opened, examined and disposed of. Two of the samples are identified as El Navarrico brand “Pimientos del Piquillo de Lodosa Enteros Extra”, and are said to be roasted red peppers in a liquid medium of water, salt and citric acid. One sample is presented in a glass jar containing 220 grams (7.7 oz), net weight; the other is packed in a pull-top metal can holding 390 grams (13.6 oz), net weight. Examination of the “Pimientos del Piquillo de Lodosa Enteros Extra” samples found whole, red, conical-shaped, pimiento peppers, measuring 3-3.5 inches in length, with the tops and seeds removed.
The applicable subheading for the “Pimientos del Piquillo de Lodosa Enteros Extra” in the glass jar will be 2005.99.5020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…other vegetables and mixtures of vegetables… other… fruits of the genus Capsicum (peppers)…pimientos (Capsicum anuum)…in containers each holding not more than 227 g. The duty rate will be 8.1 percent ad valorem.
The applicable subheading for the “Pimientos del Piquillo de Lodosa Enteros Extra” in the pull-top metal can will be 2005.99.5040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…other vegetables and mixtures of vegetables… other… fruits of the genus Capsicum (peppers)…pimientos (Capsicum anuum)…other. The duty rate will be 8.1 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/.
Your inquiry does not provide enough information for us to give a classification ruling on the third sample, El Navarrico brand “Pimiento de Cristal”. Please provide two additional samples of this product for laboratory analysis. When this information is available, you may wish to consider resubmission of your request.
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.
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 sample of the “Pimientos del Piquillo de Lodosa Enteros Extra” in the glass jar does 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