CLA-2-07:RR:NC:N2:228 R03368

Mr. Hugo Jimenez
Allied Customs Broker & Forwarders, Inc.
4100 N.W. 72nd Avenue
Miami, FL 33166

RE: The tariff classification of shallots from Colombia

Dear Mr. Jimenez:

In your letter dated March 2, 2006, on behalf of Distributors Ramirez, Miami, Florida, you requested a tariff classification ruling.

The merchandise is described as shallots, in fresh or chilled condition.

The applicable subheading for the shallots will be 0703.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled…onions and shallots…other…other. The duty rate will be 3.1 cents per kilogram.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

Articles classifiable under subheading 0703.10.4000, HTSUS, which are products of Colombia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) and/or the Andean Trade Preference Act (APTA) 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 www.fda.gov/oc/bioterrorism/bioact.html.

These goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact this agency regarding possible applicable regulations at the following location: U.S. Department of Agriculture APHIS Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136 Riverdale, MD 20737-1236 Telephone number: 877-770-5990

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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division