CLA-2-8:S:N:N1:228
0805.40.6000; 0805.40.8000; 0807.20.0000
Mr. Norman W. Kennedy
A & N Kennedy Industries, Inc.
125 Sherwood Lane
Mount Holly, NJ 08060
RE: The tariff classification of fresh fruits from Jamaica
Dear Mr. Kennedy:
In your letter dated October 12, 1992, you requested a
tariff classification ruling.
Your letter identifies four different fruits that you plan
to import: oranges, lemons, grapefruits, and papayas. The fruit
will be imported in units ranging from 20 to 100 pounds.
The applicable subheading for the oranges will be
0805.10.0040, Harmonized Tariff Schedule of the United States
(HTS), which provides for citrus fruit, fresh...oranges...other.
The duty rate will be 2.2 cents per kilogram.
The applicable subheading for the lemons will be
0805.30.2000, HTS, which provides for citrus fruit,
fresh...lemons (Citrus limon, Citrus limonum)...lemons. The rate
of duty will be 2.75 cents per kilogram.
The applicable subheading for the grapefruit, if entered
during the period from August 1 to September 30, inclusive, in
any year, will be 0805.40.4000, HTS. The rate of duty will be
2.2 cents per kilogram. Grapefruit entered during the month of
October will be classified in subheading 0805.40.6000, HTS,
dutiable at the rate of 1.8 cents per kilogram. Grapefruit
entered at any other time will be classified in subheading
0805.40.8000, HTS, and will be dutiable at the rate of 2.9 cents
per kilogram.
The applicable subheading for the papayas will be
0807.20.0000, HTS, which provides for papayas (papaws), fresh.
The rate of duty will be 8.5 percent ad valorem.
Articles classifiable under subheading 0807.20.0000, HTS,
which are products of Jamaica are entitled to duty free treatment
under the Generalized System of Preferences (GSP) and/or the
Caribbean Basin Economic Recovery Act (CBERA), upon compliance
with all applicable regulations.
Articles classifiable under subheadings
0805.10.0040,0805.30.2000, 0805.40.4000, 0805.40.6000, and
0805.40.8000, HTS, are entitled to duty free treatment under the
Caribbean Basin Economic Recovery Act (CBERA), 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,
oranges and grapefruit are subject to the examination and
certification requirements of the U.S. Department of Agriculture,
Agricultural Marketing Service. It is suggested you contact
these agencies directly for further information.
This ruling is being issued under the provisions of
Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the
entry documents filed at the time this merchandise is imported.
If the documents have been filed without a copy, this ruling
should be brought to the attention of the Customs officer
handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport