CLA-2-20:OT:RR:NC:N2:228
Mr. John Sherman
John A. Steer Co.
2100 Coral Way, Suite 501
Miami, FL 33133
RE: The tariff classification of plantain chips from Peru
Dear Mr. Sherman:
In your letter dated December 8, 2014, you requested a tariff classification on behalf of Transnational Foods, Inc., FL.
Descriptive literature and a product label accompanied your inquiry. Pampa brand Plantain Chips is said to have been processed by baking and lightly salting for public consumption, packed in a 3-oz. plastic bag for retail sale, 24 bags per carton. The ingredients shown on the label are plantains, vegetable oil, and salt.
The applicable subheading for the Plantain Chips will be 2008.99.9090, Harmonized Tariff Schedule of the United States, HTSUS, which provides for fruit … otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter … not elsewhere specified or included … other … other … other. The rate of duty will be 6 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 http://www.usitc.gov/tata/hts/.
Your inquiry does not provide enough information for us to give a ruling on the status of the Plantain Chips from Peru under the United States-Peru Trade Promotion Agreement Implementation Act (Peru TPAIA). A request for a ruling on the status of a product under the Peru TPAIA must provide sufficient detail to permit proper application of the relevant Peru TPAIA provisions. In this case, we will require the country of origin of each ingredient and where the production occurs. When this information is available, you may wish to consider resubmission of your request.
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 ww.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,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division