CLA-2-08:OT:RR:NC:N2:228
Ms. Patty Tschaepe
J&K Fresh, LLC
2101 El Segundo Blvd. – Suite 203
El Segundo, CA 90732
RE: The tariff classification of horned melon fruit from New Zealand
Dear Ms. Tschaepe:
In your letter dated November 3, 2014, on behalf of Bouvet Exotics, CA, you requested a tariff classification ruling.
Your letter provided descriptive literature about a fruit called “horned melon” also known as “kiwano,” and by the scientific name “cucumis metuliferus.” The fruit has horn-like spines, yellow-orange skin, and lime green jelly-like flesh and seeds that tastes tart. The fruit will be sold to produce retailers.
The applicable subheading for the horned melon, if fresh, will be 0810.90.4600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other fruit, fresh…other…other. The general rate of duty will be 2.2 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/.
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