CLA-2-20:OT:RR:NC:N2:228
Mr. Charles Gabbert
Atalanta Corporation
Atalanta Plaza
Elizabeth, NJ 07206
RE: The tariff classification of a mushroom pate from Italy
Dear Mr. Gabbert:
In your letter dated July 23, 2014 you requested a tariff classification ruling.
An ingredients breakdown accompanied your letter. A sample of the product was provided with your June letter. The sample was examined and disposed of. The product, “Pate Di Funghi Porcini,” is a gray coarsely chopped mixture that is said to contain 67 percent mushrooms (Agaricus Bisporus), 25 percent sun flower oil, 3 percent dried porcini mushrooms (Boletus Edulis), 1 percent each walnuts, marsala wine, onions, spices and flavor. The product will be packaged in metal screw cap glass jars 180 gr. (6.35 oz.), net weight.
The applicable subheading for the mushroom pate will be 2003.90.8090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mushrooms … other … other … other. The rate of duty will be 6 cents per kilogram on drained weight plus 8.5 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 the World Wide Web at http://www.usitc.gov/tata/hts/.
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, indelibly, 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 (19 CFR Part 134). The sample you submitted 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 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.
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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division