CLA-2-20:OT:RR:NC:2:228

Ms. Warunee Sarasas
Eastland Food Corporation
9475 Gerwig Lane
Columbia, MD 21046

RE: The tariff classification of prepared mustard greens from Thailand

Dear Ms. Sarasas:

In your letter dated May 31, 2011, you requested a tariff classification ruling.

Ingredients breakdowns, manufacturing flowcharts and images of two products accompanied your letter. Canned Fermented Rich-Tasting Mustard Green is a pickled mustard green product, packed in a sealed metal can containing 140 grams, net weight. The stated ingredients are 65 percent mustard green, 20 percent sugar, 9.35 percent soy sauce, 4.5 percent chili, 1 percent salt and 0.15 percent monosodium glutamate.

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/.

Your inquiry does not provide enough information for us to give a classification ruling on Soured Pickled Mustard in Vacuum Bag. Your request for a classification ruling should include a sample of this product for laboratory analysis. When this information is available, you may wish to consider resubmission of your request.

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