CLA-2-20:OT:RR:NC:2:228
Mr. Vincent Arguimbau
Arguimbau & Co.
P.O. Box 632
Greenwich, CT 06836-0632
RE: The tariff classification of canned peppers from Spain and Peru
Dear Mr. Arguimbau:
In your letter dated April 14, 2009 you requested a tariff classification ruling.
The merchandise is described as roasted, peeled bell peppers, in a solution composed of water, salt, and citric acid. The peppers will be imported in cans holding 105 ounces, net weight.
The applicable subheading for the canned bell peppers will be 2005.99.5510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…other vegetables...other…fruits of the genus Capsicum (peppers)…other…sweet bell-type peppers. The duty rate will be 14.9 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 World Wide Web at http://www.usitc.gov/tata/hts/.
Articles classifiable under subheading 2005.99.5510, HTSUS, which are products of Peru may be entitled to duty free treatment under the United States-Peru Trade Promotion Agreement upon compliance with all applicable regulations.
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 Stanley Hopard at (646) 733-3029.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division