CLA-2-08:OT:RR:NC:N4:228

Mr. Alex Salamanca
Tocoro Imports Co.
14271 SW 38th Street
Miami, FL 33175

RE: The tariff classification of dragon fruit from Vietnam

Dear Mr. Salamanca:

In your letter dated October 31, 2016 you requested a tariff classification ruling.

The product is fresh dragon fruit that is stated to be imported in commercial quantities in cartons. You inquire as to whether there is an agreement between the plant protection organizations of Vietnam and the United States (U.S.) regarding irradiation of goods in the U.S.

The applicable subheading for the Fresh Dragon Fruit will be 0810.90.4600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other fruit, fresh ... other ... other. The general rate of duty will be 2.2 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 may be subject to regulations administered by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (APHIS). You may contact that agency regarding possible applicable requirements at the following location:

U.S. Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136 Riverdale, MD 20737-1236 Tel.: (301) 851-2046 or (877) 770-5990 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,

Steven A. Mack
Director
National Commodity Specialist Division