CLA-2-07:OT:RR:NC:N2:228
Mr. Mo T. Al-Saffy
International Trading & Marketing (ITM), Inc.
1716 Sulphur Spring Rd.
Baltimore, MD 21227
RE: The tariff classification of frozen molokhia leaves from Egypt
Dear Mr. Al-Saffy:
In your letter dated June 22, 2020, you requested a tariff classification ruling.
Ingredients breakdowns, a narrative description of the manufacturing processes, and photocopies of the packagings were submitted with your letter.
The frozen whole molokhia leaves and the frozen minced molokhia leaves, of the Corchorus species (Saluyut Jute; Corohorus Olitrius), are said to be harvested from Egypt. Molokhia leaves are leafy green vegetables indigenous to Asian and African cuisine. Both products will be imported in retail bags, 14 ounces, net weight.
The applicable subheading for the frozen whole malachia leaves will be 0710.80.7060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables…frozen…other vegetables…other…not reduced in size…other. The general rate of duty will be 11.3 percent ad valorem.
The applicable subheading for the frozen minced malachia leaves will be 0710.80.9750, HTSUS, which provides for other vegetables…frozen…other vegetables…other…reduced in size…other. The general rate of duty will be 14.9 percent ad valorem.
In your letter, it has been suggested that these products may be eligible for duty free entry into the United States. Articles classifiable under subheading, 0710.80.7060, HTSUS, which are products of Egypt, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations and statutory requirements.
In general these requirements described under General Note 4(c), HTSUS, are that the eligible article be imported directly from a beneficiary developing country (BDC) into the customs territory of the United States, and that the sum of (1) the cost or value of the materials produced in the beneficiary developing country or any 2 or more countries which are members of the same association of countries which is treated as one country under section 507(2) of the Trade Act of 1974, plus (2) the direct costs of processing operations performed in such beneficiary developing country or such member countries is not less than 35 percent of the appraised value of such article at the time of its entry into the customs territory of the United States.
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 Josephine Heaning at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division