CLA-2-20:OT:RR:NC:N4:228
Ms. Myriam D. Rosa
Pedro L. Carmona, Inc.
3 Acacia Street – Suite 205
San Juan, PR 00920
RE: The tariff classification of whole red peeled peppers from Spain
Dear Ms. Rosa:
In your letter dated February 24, 2017, you requested a tariff classification ruling on behalf of Sun Sales Inc., PR.
Ingredients breakdowns, product technical sheets, and two samples accompanied your inquiry. The samples were examined and discarded. The products are said to be approximately 67 percent whole red peeled peppers, 33 percent water, 0.35 percent salt, and 0.05 percent citric acid. The products are packed for retail sale in airtight tin cans, two peppers 0.50 kg., and one pepper 0.25 kg., net drained weight.
The applicable subheading for the whole red peeled peppers will be 2005.99.5020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…other vegetables and mixtures of vegetables… other… fruits of the genus Capsicum (peppers)…pimientos (Capsicum anuum)…in containers each holding not more than 227 grams. The general duty rate will be 8.1 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 https://hts.usitc.gov/current.
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 www.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,
Steven A. Mack
Director
National Commodity Specialist Division