CLA-2-07:OT:RR:NC:N2:228

Mr. Martin Marin
American Shipping Co., Inc.
400 Oceangate, Ste. 1106
Long Beach, CA 90802

RE: The tariff classification of sun dried tomatoes from Turkey

Dear Mr. Marin:

In your letter dated March 14, 2013 you requested a tariff classification ruling on behalf of Mooney Star LLC, CA.

A description of the product’s process was included in your inquiry. The sun dried tomatoes are made from fresh tomatoes that are sprayed with sodium metabisulfate dissolved in water, and then left in the sun to dry. The sodium metabisulfate solution is sprayed on the tomatoes to maintain the color. The product will be packed in cartons.

The applicable subheading for the sun dried tomatoes will be 0712.90.7800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared … other vegetables … tomatoes … other. The rate of duty will be 8.7 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 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 (646) 733-3029.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division