CLA-2-08:OT:RR:NC:N2:228
Mr. Fahri Abduhalikov
UzBites LLC
3026 Mission Square Drive
Fairfax, VA 22031
RE: The tariff classification of almonds, walnuts, black and golden raisins, and apricots from Uzbekistan
Dear Mr. Abduhalikov:
In your letter dated February 5, 2019, you requested a tariff classification, country of origin and marking ruling. You also requested whether there was an applicable trade program or trade agreement.
An ingredients breakdown, manufacturing flowchart, narrative description of the manufacturing process, and samples accompanied your inquiry. The samples were examined and discarded. The products are said to be dried apricots, black and golden raisins, almonds in shell and shelled, and shelled walnuts. The products will be imported in bulk in 500 kilogram cartons containing separately packed fruit and nuts in plastic bags, 10 kilograms each, net weight.
The applicable subheading for the almonds in-shell will be 0802.11.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other nuts, fresh or dried, whether or not shelled or peeled . . . almonds . . . in shell. The general rate of duty will be 7.7 cents per kilogram.
The applicable subheading for the shelled almonds will be 0802.12.0015, HTSUS, which provides for other nuts, fresh or dried, whether or not shelled or peeled . . . almonds . . . shelled. The general rate of duty will be 24 cents per kilogram.
The applicable subheading for shelled walnuts will be 0802.32.0000, HTSUS, which provides for other nuts, fresh or dried, whether or not shelled or peeled . . . walnuts . . . shelled. The general rate of duty will be 26.5 cents per kilogram.
The applicable subheading for the black, and golden raisins will be 0806.20.1090, HTSUS, which provides for grapes, fresh or dried . . . dried . . . raisins . . . made from seedless grapes . . . other. The general rate of duty will be 1.8 cents per kilogram.
The applicable subheading for the dried apricots will be 0813.10.0000, HTSUS, which provides for fruit, dried, other than that of headings 0801 to 0806 . . . apricots. The general rate of duty will be 1.8 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 https://hts.usitc.gov/current.
The marking statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, U.S. Customs and Border Protection Regulations (19 C.F.R. §134) implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304.
Section 134.1(b) of the regulations (19 C.F.R. § 134.1(b)), defines "country of origin" as, “The country of manufacture, production, or growth of any article of foreign origin entering the United States.”
In this case, we find that the products are imported directly from Uzbekistan, therefore, the country of origin for the fruit, and nuts is Uzbekistan. Accordingly, the cartons must be marked to indicate country of origin Uzbekistan.
You state that upon importation into the United States, the products will be packed in 5-compartment plastic trays/containers with high dividers to avoid product mixing, and offered for retail sale. The packaging, and all the necessary labeling will be done in a commercial shared kitchen in Virginia or Maryland. Consequently, the country of origin marking rules apply to repackaged goods for retail sale. Therefore, adding “Product of Uzbekistan” to the retail label would satisfy the requirements for marking
Lastly, Uzbekistan is not party to a trade program or a trade agreement with the United States, therefore, the general rates of duty apply to importations from Uzbekistan.
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