CLA-2-09:OT:RR:NC:N2:231
Mr. James Sawyer
Drinker Biddle & Reath LLP
191 North Wacker Drive (Suite 3700)
Chicago, IL 60606-1698
RE: The tariff classification of green peppercorns from Indonesia.
Dear Mr. Sawyer:
In your letter dated November 2, 2012, you requested a tariff classification ruling on behalf of Mitsui Foods, Inc.
The goods in question are identified as “green peppercorns,” which are the immature fruits of the flowering vine plant Piper nigrum. (Goods commonly known as “black peppercorns” are the fermented, sun-dried, shriveled versions of the same green fruits; “white peppercorns” are the hulled, dried versions of the ripened (red) fruits.) In the manufacturing process, the green peppercorns will be boiled and then canned in a brine solution consisting of water, salt and citric acid. The brine is said to preserve the peppercorns and maintain/enhance their flavor. The green peppercorns can be employed by the end user, directly from the can, “as a flavoring to spice meats and generally in cooking to add spice to sauces, vegetables or other foods.”
The applicable subheading for the above-described canned “green peppercorns” in brine will be 0904.11.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pepper of the genus Piper: neither crushed nor ground: black. The rate of duty will be free.
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 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 Nathan Rosenstein at (646) 733-3030.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division