CLA-2-07:OT:RR:NC:N2:228
Mr. Paul Rath
Brighton International Products Corp.
36 Tanglewood Drive West
Orchard Park, NY 14127
RE: The tariff classification of garlic and peeled garlic cloves from Vietnam
Dear Mr. Rath:
In your letter dated April 8, 2015, you requested a tariff classification.
The products are identified as fresh or chilled (38 degree Fahrenheit) garlic bulbs, and peeled garlic cloves in 5-lb plastic jugs. For the purpose of this ruling, we presume they all are imported in whole form.
The applicable subheading for fresh whole garlic bulbs will be 0703.20.0015, Harmonized Tariff Schedules of the United States (HTSUS), which provides for onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled ... garlic ... fresh whole bulbs ... other. The general rate of duty will be 0.43 cents per kilogram.
The applicable subheading for fresh peeled whole garlic cloves will be 0703.20.0020, HTSUS, which provides for onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled ... garlic ... fresh whole peeled cloves. The general rate of duty will be 0.43 cents per kilogram.
The applicable subheading for the chilled whole garlic bulbs and the chilled, peeled whole garlic cloves will be 0703.20.0090, HTSUS, which provides for onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled ... garlic ... other. The general rate of duty will be 0.43 cents per kilogram.
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/.
You have asked whether these products are subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at http://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and Countervailing Duty” under “Popular Topics” at the top of the screen), and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at http://addcvd.cbp.gov/.
In your letter, you also requested the eligibility of any trade programs or agreements. At this time, the U.S. does not have any free trade agreements or special trade programs in force with Vietnam. The products will not be eligible for preferential duty treatment.
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