CLA-2-20:OT:RR:NC:2:228
Mr. Ernesto Jocson
Richard G. Fleischer, CHB
132 West 132nd Street
Los Angeles, CA 90061
RE: The tariff classification of prepared vegetables from Colombia
Dear Mr. Jocson:
In your letter dated March 17, 2010, on behalf of Cordialsa USA, Inc., Houston, TX, you requested a tariff classification ruling.
A sample, submitted with your letter, was opened, examined, and disposed of. Zenu brand Ensalada is a mixture of vegetables in a liquid medium, put up for retail sale in a pull-top metal can containing 220 grams (7.7 ounces) net weight. The product consists of whole peas, whole kernels of sweet corn, sliced mushrooms, and chopped carrots, in a medium of water, salt, and sugar.
The applicable subheading for this product will be 2005.99.9700, 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 and mixtures of vegetables… other…other. The duty rate will be 11.2 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 2005.99.9700, HTSUS, which are products of Colombia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) or the Andean Trade Preference Act (APTA) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.
Your inquiry does not provide enough information for us to give a classification ruling on a second product, Frijoles, red beans with bacon. Your request for a classification ruling should include the botanical identity (genus and species) of the “beans” and a complete ingredients breakdown, by weight. When this information is available, you may wish to consider resubmission of your request. The sample will be retained with the National Import Specialist for thirty (30) days, pending receipt of the above information.
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