CLA-2-07:OT:RR:NC:N2:228

Ms. Dolores Hunt
FedEx Trade Networks
50 Cypress Lane
Brisbane, CA 94501

RE: The tariff classification of “frozen broccoli puree” from Ecuador

Dear Ms. Hunt:

In your letter dated May 15, 2014 you requested a tariff classification ruling on behalf of Tradin Organics U.S.A., Santa Cruz, CA.

A description of the broccoli puree, manufacturer’s overview in making broccoli puree, and manufacturer’s flow chart for processing accompanied your inquiry. You state that fresh raw broccoli is chopped, washed, and blanched. The broccoli is then cooled, sieved, and then diluted with water. There are no sugars, salt, or other additives during processing. The product is not further homogenized or heat treated other than blanching. The “puree” is then packed in pails weighing 16.33 kg (36 lbs.), net weight. The product is shipped frozen in refrigerated ocean containers.

The applicable subheading for the frozen broccoli puree will be 0710.80.9724, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetables (uncooked or cooked by steaming or boiling in water), frozen . . . other vegetables . . . other . . . reduced in size . . . other . . . broccoli . . . other . . . in containers each holding more than 1.4 kg. The rate of duty will be 14.9 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 ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 ww.fda.gov/oc/bioterrorism/bioact.html.

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 [email protected].

Sincerely,

Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division