CLA-2-7:OT:RR:NC:2:228
Mr. Aaron Olin
SunOpta Fruit Group
6571 Altrua Blvd.
Buena Park, CA 90620
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) and the United States-Chile Free Trade Agreement (UCFTA) of frozen chickpeas from Mexico and Chile
Dear Mr. Olin:
In your letter dated October 19, 2009 you requested a ruling on the status of frozen chickpeas from Mexico and Chile under the NAFTA and UCFTA.
The product is described as whole chickpeas (garbanzo beans), grown in Mexico or Chile, picked while green in color, and individually quick frozen. The frozen chickpeas will be packaged for retail sale in plastic bags or in bulk “bag-in-box” 30-pound cases for food service use.
The applicable tariff provision for the frozen chickpeas will be 0710.29.0500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetables (uncooked or cooked by steaming or boiling in water), frozen…leguminous vegetables, shelled or unshelled…other… chickpeas (garbanzos). The general rate of duty will be one cent per kilogram.
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/.
General Note 12(b), HTSUS, sets forth the criteria for determining whether a good is originating under the NAFTA. General Note 12(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that
For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as “goods originating in the territory of a NAFTA party” only if--
(i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States…
Based on the facts provided, the goods described above qualify for NAFTA preferential treatment, because they will meet the requirements of HTSUS General Note 12(b)(i). The goods will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.
General Note 26(b), HTSUS, sets forth the criteria for determining whether a good is originating under the UCFTA. General Note 26(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that
For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, goods imported into the customs territory of the United States are eligible for treatment as originating goods of a UCFTA country under the terms of this note only if they–
(i) were wholly obtained or produced entirely in the territory of Chile or of the United States, or both…
Based on the facts provided, the goods described above qualify for UCFTA preferential treatment, because they will meet the requirements of HTSUS General Note 26(b)(i). The goods will therefore be entitled to a free rate of duty under the UCFTA upon compliance with all applicable laws, regulations, and agreements.
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 181 of the Customs Regulations (19 C.F.R. 181), for the chickpeas grown and frozen in Mexico, and under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177), for the chickpeas grown and frozen in Chile.
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