CLA-2-07:OT:RR:NC:N2:228
Mr. Anthony Schollen
Natures Classics
26190 124 Ave
Maple Ridge V2w1c4
Canada
RE: The tariff classification of frozen vegetables from Canada
Dear Mr. Schollen:
In your letter dated April 16, 2018, you requested the tariff classification, and applicable trade program or agreement pertaining to the frozen vegetables, called “Edamame,” from Canada.
An ingredients breakdown, manufacturing flowchart, description of the manufacturing process, product label, and sample were provided with your inquiry. The sample was examined and discarded. You describe “ Edamame” as 100% young soybeans in the pods to be consumed as microwaveable snacks. You state that the beans are picked, washed, boilbed for three to four minutes, and flash frozen within hours of being picked. The beans will be packaged in a box containing eight bags each 2.4 kg (5.25 lbs.), net weight. You state in your inquiry that the product is imported into Canada as described and no manufacturing takes place in Canada prior to its importation into the United States. As you state, the country of origin of the “Edamame” is China, therefore, there is no trade program or agreement that applies to this merchandise coming from Canada.
The applicable subheading for the frozen Edamame beans will be 0710.22.3700, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetables (uncooked or cooked by steaming or boiling in water), frozen . . . leguminous vegetables, shelled or unshelled . . . beans (Vigna spp., Phaselus spp.) . . . not reduced in size . . . other. The general rate of duty is 4.9 cents/kg.
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 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,
Steven A. Mack
Director
National Commodity Specialist Division