CLA-2-08:OT:RR:NC:N2:228
Ms. Jami Kay
A & J Customs Brokers, Inc.
6725 S. Eastern Avenue Suite #11
Las Vegas, NV 89119
RE: The tariff classification of dried apricots, and apricot kernels from Turkey
Dear Ms. Kay:
In your letter dated November 18, 2013, you requested a tariff classification on behalf of BNC Group LLC dba Ottoman Royal Gourmet, NV.
Descriptive literature, processing steps, and a copy of product labels were submitted with your letter. Three ready-to-consume Ottoman Royal Gourmet brand fruit products are identified in your letter. Sun Dried Apricots are said to be yellow sun dried apricots treated with sulfur dioxide. Dried Apricots are dark dried apricots. Both products undergo washing, drying, eliminating and qualifying according to their physical features (colors and sizes), and packaging. They will be packed in containers for retail sale weighing 12.3 ounces (350 grams), net weight, and arrive in the United States without further processing, labeling or packaging.
The applicable subheading for the sun dried apricots and dried apricots will be 0813.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit, dried, other than that of headings 0801 to 0806 … apricots. The rate of duty will be 1.8 cents per kilogram.
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 ww.fda.gov/oc/bioterrorism/bioact.html.
Your inquiry does not provide enough information for us to give a classification ruling on the Sweet Raw Apricot Kernels. Your request for a classification ruling should state how the kernels are processed from start to finish. 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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division