CLA-2-20:OT:RR:NC:N2:228
Ms. Kieran McNamara
Hoffman’s Trade Group, LLC.
637 New Loudon Road
Latham, NY 12110
RE: The tariff classification of canned products from China.
Dear Ms. McNamara:
In your letter dated June 19, 2012, you requested a tariff classification ruling.
An ingredients breakdown and two processing flow charts accompanied your letter. Another ingredients breakdown was provided via an email transmission dated June 21, 2012. Canned Mixed Vegetables is said to be composed of 60 percent diced carrots, 25 percent green peas, 8-10 percent diced potato, and 5-8 percent sweet corn kernels, packed in 425-gram cans. Canned Pear Halves In Light Syrup is said to be consisting of peeled, pear halves in a liquid solution of water, sugar and citric acid, packed in 410-gram cans. Both products undergo canning and sterilizing processes.
The applicable subheading for the canned mixed vegetables 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 rate of duty will be 11.2 percent ad valorem.
The applicable subheading for the canned mixed vegetables will be 2008.40.0020, HTSUS, which provides for fruit … otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included … pears … in containers each holding less than 1.4 kg. The rate of duty will be 15.3 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 the World Wide Web at http://www.usitc.gov/tata/hts/.
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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division