CLA-2-20:OT:RR:NC:N2:228
Mr. Joseph Delahanty
Panalpina, Inc.
1000B Castle Road
Secaucus, NJ 07904
RE: The tariff classification of prepared garlic from China
Dear Mr. Delahanty:
In your letter dated February 18, 2009 on behalf of Medallion Foods, Inc., Montreal, Quebec, Canada, you requested a tariff classification ruling.
Three samples were submitted with your letter. One sample was forwarded to the Customs and Border Protection laboratory for analysis, the other two were examined and disposed of. Medallion brand Marinated Garlic Cloves consists of whole, peeled garlic cloves in a solution of water, sugar, vinegar, salt, and sodium pyrophosphate, packed for retail sale in a glass jar containing 6 ounces, net weight. Analysis of this sample determined the acetic acid content to be 0.53 percent. Medallion brand Minced Garlic consists of finely chopped garlic pieces put up for retail sale in a glass jar containing 6.9 ounces, net weight. This product is said to be composed of water, dehydrated garlic, citric acid, sugar, salt, and sodium pyrosulfite.
The applicable subheading for the Marinated Garlic Cloves will be 2001.90.3800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetables…prepared or preserved by vinegar or acetic acid…other…other…vegetables…other. The rate of duty will be 9.6 percent ad valorem.
The applicable subheading for the Minced Garlic will be 2005.99.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…other vegetables…other…other…other. The rate of duty will be 11.2 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 World Wide Web at http://www.usitc.gov/tata/hts/.
This office is precluded from ruling on the third product, Medallion brand Instant Egg Noodles, which is the subject of a current or completed Customs transaction. If the transaction is current and you want to have your arguments considered and ruled upon, you should ask the Port Director having jurisdiction over the entry of your merchandise to seek advice from Customs Headquarters through the Internal Advice procedure. A copy of this notice should be included. If the transaction is completed and the entry has been liquidated, you should file a protest and seek further review of that protest by our Headquarters office.
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 Stanley Hopard at (646) 733-3029.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division