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

Ms. Tina Kuehne
Mittelstaedt, Galaviz & Mylin Inc.
341 Broadway Street
San Francisco, CA 94133

RE: The tariff classification of Chinese water chestnuts from China

Dear Ms. Kuehne:

In your letter dated October 30, 2015, you requested a tariff classification ruling on behalf of Purcell Int, CA.

An ingredients list, and the product label accompanied your letter. Fareway Diced Water Chestnuts is said to be composed of Chinese water chestnuts (species Eleocharis dulcis or Eleocharis tuberosa), water and citric acid. The product will be shipped in cans containing 8 oz. (227 grams), net weight.

The applicable subheading for the diced Chinese water chestnuts will be 2008.99.7110, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included . . . other, including mixtures other than those of subheading 2008.19 . . . other . . . Chinese water chestnuts . . . other . . . sliced. The general rate of duty will be Free.

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 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