CLA-2-20:OT:RR:NC:N2:228

Mr. Manuel Ramos Gandía
Manuel Ramos Gandía, Inc.
P.O. Box 13816
San Juan, PR 00908

RE: The tariff classification of canned pigeon peas from Ecuador

Dear Mr. Gandía:

In your letter dated October 2, 2014, you requested a tariff classification on behalf of Ecuavegetal S.A., Ecuador.

An ingredients breakdown, product specification sheet, and production process were submitted with your letter. The merchandise is described as canned Green Pigeon Peas suitable for immediate consumption. It is composed of 57 percent blanched whole green pigeon peas, 41.5 percent water, and 1.5 percent salt, packed in metal cans holding 425 grams (15 oz.), 800 grams (28.22 oz.), and 3 kilograms (6.34 lb.).

The applicable subheading for the canned green pigeon peas 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 … other. The general 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/.

Articles classifiable under subheading 2005.99.9700, HTSUS, which are products of Ecuador may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.

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.

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 [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division