CLA-2-20:OT:RR:NC:N4:228
Mr. Kurt Paine
Abbott Blackstone Co.
411 Cleveland Street – Suite 198
Clearwater, FL 33755
RE: The tariff classification of prepared mushrooms from China
Dear Mr. Paine:
In your letter dated May 23, 2017 you requested a tariff classification ruling.
Ingredients breakdowns, a description of the manufacturing process, and a manufacturing flow chart for three items accompanied your letter. Item A is said to contain 70 percent king oyster mushrooms, and 30 percent agaricus bisporus mushrooms. Item B is said to contain 60 percent king oyster mushrooms, and 40 percent agaricus bisporus mushrooms. Item C is said to contain 50 percent king oyster mushrooms, and 50 percent agaricus bisporus mushrooms. All three items contain trace amounts of salt, and citric acid. The mushrooms are blanched, cooled in flowing water, sliced into pieces and stems, or kept whole, and packed in thermally processed, hermetically sealed cans containing 68 ounces, net weight.
The applicable subheading for the prepared mushrooms will be 2003.90.8090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid . . . other . . . other. The general 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 https://hts.usitc.gov/current.
You have also asked for additional information on the applicability of anti-dumping and countervailing duty on these articles. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by U. S. Customs and Border Protection. You can contact the Import Administration at http://www.trade.gov/ia/ (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 investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.addcvd.cbp.gov/.
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 http://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