CLA-2-20:OT:RR:NC:N2:228
Ms. Gloria Chau
Trader Joe’s Company
P.O. Box 5049
Monrovia, CA 91017
RE: The tariff classification of frozen preserved apricots from Turkey
Dear Ms. Chau:
In your letter dated June 18, 2015, you requested a tariff classification ruling.
A production flow chart accompanied your letter. Additional information was provided via eMail messages dated July 7 and July 9, 2015. IQF semi-dried apricots are said to be prepared from whole, ripe fruits by washing, pitting, cutting, soaking in a water and ascorbic acid solution, partially dehydrating, and freezing. The final moisture content is 60 – 70 percent. The frozen apricots are packaged for retail in 10 oz. plastic bags.
In your letter, you asked whether the product may fall in subheading 0813.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), the provision for dried apricots. Based on the manufacturing process, it will be classified elsewhere.
The applicable subheading for the frozen apricots will be 2008.50.4000, HTSUS, which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included . . . apricots . . . other. The general rate of duty will be 29.8 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