CLA-2-7:S:N:N1:228 851021

TARIFF NOS.: 0705.11.2000; 0705.11.4000; 0705.19.2000;
0705.19.4000; 0705.29.0000

Mr. Claude Brosseau
A.N. Deringer, Inc.
30 West Service Road
Champlain, NY 12919

RE: The tariff classification of salads from Canada.

Dear Mr. Brosseau:

In your undated letter, on behalf of Socadia Inc., you requested a tariff classification ruling.

Descriptive literature and ingredients breakdowns for three items accompanied your letter. The products are prepared, mixed salads, composed of chilled, cut vegetables, put up in sealed plastic pouches containing 200 grams, net weight. The salads contain no dressings, preservatives, or other additives. "Flora" salad contains 85 percent iceberg lettuce, 7.5 percent red cabbage, and 7.5 percent carrots. "Delice" salad is composed of 45 percent iceberg lettuce, 45 percent romaine lettuce, and 10 percent red cabbage. "Royal" salad consists of 45 percent romaine lettuce, 45 percent escarole, and 10 percent radiccio.

The applicable subheading for the "Flora" mixed salad, if entered in the period from June 1 to October 31, inclusive, in any year, will be 0705.11.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for lettuce (Lactuca sativa)... fresh or chilled... head lettuce (cabbage lettuce). The rate of duty will be .88 cents per kilogram. When entered at any other time, this salad will be classified in subheading 0705.11.4000, HTS, and dutiable at the rate of 4.4 cents per kilogram.

"Delice" salad, if entered in the period from June 1 to October 31, inclusive, in any year, will be classified in subheading 0705.19.2000, HTS, which provides for lettuce... fresh or chilled... other. The rate of duty will be .88 cents per kilogram. When entered at any other time, it will be classified in subheading 0705.19.4000, HTS, and dutiable at the rate of 4.4 cents per kilogram.

"Royal" salad is classifiable in subheading 0705.29.0000, HTS, which provides for chicory (Cichorium spp.)... fresh or chilled... other. The rate of duty will be .33 cents per kilogram.

The above classifications will apply whether the salads are made from vegetables grown in Canada, or from vegetables of United States origin cut, washed, and packaged in Canada.

Goods classifiable under subheadings 0705.11.2000, 0705.11.4000, 0705.19.2000, 0705.19.4000, and 0705.29.0000, HTS, which have originated in the territory of Canada, will be entitled to a .7, 3.5, .7, 3.5, and .2 cents per kilogram rate of duty , respectively, under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport