CLA-2-08:OT:RR:NC:N2:228
Mr. Rashid Mujtaba
Nakent LLC
25755 Velvet Crk
San Antonio, TX 78255
RE: The tariff classification of fresh mangoes from Pakistan
Dear Mr. Mujtaba:
In your letter dated July 17, 2017, you requested a tariff classification ruling.
The product is said to contain fresh mangoes, exclusively. They are said to be dipped, cleaned and wrapped in poly covers. They will be imported in corrugated boxes containing 5 to 7 mangoes each.
The applicable subheading for the mangoes will be 0804.50.4055, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fresh . . . mangoes . . . other if entered during the period from September 1, in any year, to the following May 31, inclusive . . . If entered at any other time, the applicable subheading for the mangoes will be 0804.50.6055, which provides for . . . mangoes . . . other. The general rate of duty will be 6.6 cents/kg. for both classifications.
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 grown, harvested and imported directly from Pakistan, therefore, the country of origin for the mangoes is Pakistan. You state that upon importation into the United States, the products will be packed in corrugated boxes containing holes closed with netting. Accordingly, the boxes must be marked to indicate country of origin is Pakistan.
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,
Steven A. Mack
Director
National Commodity Specialist Division