CLA-2-20:OT:RR:NC:N2:228
Ms. Elena Aisa
Conservas El Raal
Calle Los Simones, 14
El Raal Murcia, PR 30139
RE: The tariff classifications of pimentos and sweet bell-type peppers from Spain
Dear Ms. Aisa:
In your letter dated June 23, 2020, you requested a tariff classification ruling.
Ingredients breakdowns, and a manufacturing flowchart were submitted with your letter.
The two products are pimentos and sweet bell-type peppers of the species Capsicum Anuum harvested in Spain. Depending on the size of the package, each product is said to contain approximately 64 to 75 percent pimentos or sweet bell-type peppers, 25 to 35 percent water, and trace amounts of salt and citric acid. Each product will be imported packaged in cans, ranging in weight from 4 ounces to 7 pounds, net weight.
In your letter, it has been suggested that these products may be eligible for a Free Trade Agreement or Trade Program. The products are found to be ineligible for a trade program or trade agreement. The products are subject to the column one general rate of duty of the Harmonized Tariff Schedule of the United States (HTSUS).
The applicable subheading for the sweet bell-type peppers will be 2005.99.5510, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…other vegetables and mixtures of vegetables… other… fruits of the genus Capsicum (peppers)…other…sweet bell-type peppers. The general duty rate will be 14.9 percent ad valorem.
The applicable subheading for the pimentos will be 2005.99.5040, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…other vegetables and mixtures of vegetables… other… fruits of the genus Capsicum (peppers)…pimientos (Capsicum anuum)…other. The general duty rate will be 8.1 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 Josephine Heaning at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division