CLA-2-28:OT:RR:NC:2:236
Mr. Juan Carlos Fernandez
The Janel Group of NY-NJ
1319 N Broad Street
Hillside, NJ 07205
RE: The tariff classification and status under the United States-Israel Free Trade Agreement (IFTA), of Sodium Tripolyphosphate Food Grade M 212 Granular from Israel.
Dear Mr. Juan Carlos Fernandez:
In your letter dated August 9, 2011, on behalf of Haifa Chemicals Ltd., you requested a ruling on the status of Sodium Tripolyphosphate Food Grade M 212 Granular from Israel under the IFTA.
You state that the merchandise you describe as Sodium Tripolyphosphate Food Grade M 212 Granular is wholly produced in Mishor Rotem, Israel.
The applicable tariff provision for the Sodium Tripolyphosphate will be 2835.31.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Phosphinates (hypophosphites), phosphonates (phosphites) and phosphates; polyphosphates, whether or not chemically defined: Polyphosphates: Sodium triphosphate (Sodium tripolyphosphate). The general rate of duty will be 1.4 percent ad valorem.
General Note 8(b), HTSUS, sets forth the criteria for determining whether goods are eligible for treatment as “products of Israel” under the IFTA. General Note 8(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that
For purposes of this note, goods imported into the customs territory of the United States are eligible for treatment as “products of Israel” only if--
(i) each article is the growth, product or manufacture of Israel or is a new or different article of commerce that has been grown, produced or manufactured in Israel;
(ii) each article is imported directly from Israel (or directly from the West Bank, the Gaza Strip or a qualifying industrial zone as defined in general note 3(a)(v)(G) to the tariff schedule) into the customs territory of the United States; and
(iii) the sum of--
(A) the cost or value of the materials produced in Israel, and including the cost or value of materials produced in the West Bank, the Gaza Strip or a qualifying industrial zone pursuant to general note 3(a)(v) to the tariff schedule, plus
(B) the direct costs of processing operations performed in Israel, and including the direct costs of processing operations performed in the West Bank, the Gaza Strip or a qualifying industrial zone pursuant to general note 3(a)(v) to the tariff schedule, is not less than 35 percent of the appraised value of each article at the time it is entered.
If the cost or value of materials produced in the customs territory of the United States is included with respect to an article to which this note applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributable to such United States cost or value may be applied toward determining the percentage referred to in subdivision (b)(iii) of this note.
Based on the facts provided, the goods may meet the requirements of HTSUS General Note 8(b)(i) and (ii). The goods may be eligible for the “special” duty rate if, upon importation, information is provided to indicate that the goods meet the requirements of HTSUS General Note 8(b)(iii).
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/.
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 Nuccio Fera at (646) 733-3034.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division