CLA-2-08:OT:RR:NC:N2:228

Mr. Scott Davidson
Davidson Law Group, PA
7950 NW 53rd Street
Miami, FL 33166

RE: The tariff classification of Harper melons from Mexico

Dear Mr. Davidson:

In your letter dated August 6, 2020, you requested a tariff classification ruling on behalf of your client, Joe Arevalo & Associates, Ltd., TX.

Photocopies of the product were provided with your inquiry. The product is described as Harper melons harvested in Mexico that will be imported in their fresh state.

In your letter, you suggest tariff classification under 0807.19.8000, Harmonized Tariff Schedule of the United States (HTSUS) at a free duty rate. We partially agree.

The applicable subheading for the Harper melons if entered during the period from December 1, in any year, to the following May 31, inclusive, will be 0807.19.7000, HTSUS, which provides for melons (including watermelons) and papayas (papaws), fresh . . . melons . . . other. The general rate of duty will be 5.4 percent ad valorem. If entered at any other time, the applicable subheading will be 0807.19.8000, HTSUS. The general rate of duty will be 28 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