CLA-2-20:OT:RR:NC:N4:228
Ms. Erica Fritz
GHY USA, Inc.
572 South Fifth Street
Pembina, North Dakota 58271
RE: The tariff classification of frozen fruit and vegetable mixtures from Canada
Dear Ms. Fritz:
In your letter dated May 11, 2017 you requested a tariff classification ruling on behalf of Snowcrest Foods Ltd., Canada.
Ingredients breakdowns, a description of the manufacturing process, manufacturing flow charts, and samples for two products accompanied your letter. The samples were examined and discarded. The Snowcrest Farms Brand first mixture is said to contain 35 percent blueberries, 21 percent raspberries, 18 percent bananas, 17 percent green chickpeas, and 9 percent spinach. The product is packaged for retail sale in a plastic bag containing 6 pouches each 227 grams, net weight. The Snowcrest Farms Brand second mixture is said to contain 28 percent mangos, 28 percent pineapples, 17 percent bananas, 17 percent green chickpeas, and 10 percent spinach. The product is packaged for retail sale in a plastic bag containing 227 grams, net weight. Consumer instructions advise to combine either product with ¾ cup each of apple juice, and water in a blender, and blend until smooth.
In your letter, you suggested the frozen fruit and vegetable mixtures would be classified under subheading 2008.97.1040, 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… mixtures… In airtight containers and not containing apricots, citrus fruits, peaches or pears… other. Based on the mixtures, they will be classified elsewhere.
The applicable subheading for the first mixture will be 0811.90.2028, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter… other… blueberries… cultivated. The general rate of duty will be free.
The applicable subheading for the second mixture will be 0811.90.5200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter… other… mangoes. The general rate of duty will be 10.9 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 https://hts.usitc.gov/current.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division