0904.20.2000; 0910.10.2000; 0910.10.4000

Mr. Augusto C. Garron
Casilla 4857
Cochabamba, Bolivia

RE: The tariff classification of fruits, vegetables, and spices from Bolivia

Dear Mr. Garron:

In your letter dated December 19, 1991, you requested a tariff classification ruling.

The merchandise is identified as fresh endives, avocados, "tuna" (the fruit from the cactus plant), paprika, and fresh and ground ginger.

The applicable subheading for the fresh endives will be 0705.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for chicory (Chichorium spp.)...fresh or chilled...other. The duty rate will be .33 cents per kilogram. Fresh avocados are classified in subheading 0804.40.0000, HTS, which provides for avocados...fresh... The rate of duty will be 13.2 cents per kilogram.

The cactus fruit, "tuna," will be classified in subheading 0810.90.4000, HTS, which provides for other fruit, fresh...other...other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for paprika will be 0902.20.2000, HTS, which provides for dried or crushed or ground fruits of the genus Capsicum...paprika. The rate of duty will be 3 cents per kilogram.

The applicable subheading for fresh ginger root will be 0910.10.2000, HTS, which provides for ginger...not ground. The rate of duty will be free. Ground ginger is provided for in subheading 0910.10.4000, HTS. The rate of duty will be 2.2 cents per kilogram. Pursuant to subheading 9903.10.12, HTS, the rate of duty for ground ginger entered in 1992 will be 1.7 cents per kilogram.

Articles classifiable under subheadings 0705.29.0000, 0810.90.4000, 0904.20.2000, and 0910.10.4000, HTS, which are products of Bolivia, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. In addition, the avocados will be subject to examination and certification by the United States Department of Agriculture, Agricultural Marketing Service. It is suggested you contact these agencies directly for further information.

Your inquiry does not provide enough information for us to give a classification ruling on the citric, pineapple, and "tuna" concentrates. Your request for a classification ruling should include the name(s) of the citrus fruits that will be utilized and, for this and the pineapple and "tuna," a description of the manufacturing process.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).


Jean F. Maguire
Area Director
New York Seaport