CLA-2-20:OT:RR:NC:N2:228
Mr. Emmanuel Rain
Frial, Inc.
659 Oak Grove Avenue, Suite 505
Menlo Park, CA 94025
RE: The tariff classification of a frozen prepared vegetable product from France
Dear Mr. Rain:
In your letters dated October 11 and November 26, 2012, you requested a tariff classification ruling.
Ingredients information accompanied your October inquiry. A sample and additional information were provided with your November letter. The sample was examined and disposed of. Trader Joe’s Cauliflower Romanesco Basilic with a bit of Garlic Butter is a frozen, prepared vegetable product, composed of 42 percent cauliflower, 42 percent romanesco, 16 percent sauce (water, olive oil, butter, basil, sweetened lemon puree, garlic, salt, modified corn, rice or tapioca starch, wheat flour, and pepper extract), packed in a plastic bag for retail sale containing 16 ounces (454 grams), net weight. The product can be consumed after heating in a microwave or on a stove top.
The applicable subheading for the product will be 2004.90.8580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006…other vegetables and mixtures of vegetables…other… other, including mixtures. The rate of duty 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 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