CLA-2-20:OT:RR:NC:N2:228
Mr. Carl Cammarata
Law Offices of George R. Tuttle, A. P.C.
One Embarcadero Center, Suite 730
San Francisco, CA 94111
RE: The tariff classification of preserved garlic cloves from China
Dear Mr. Cammarata:
In your letter dated February 24, 2015, you requested a tariff classification on behalf of Dongsheng Foods USA, Inc., CA.
The product is described to be peeled, blanched, and individually quick frozen (IQF) garlic cloves coated with citric acid. The product is said to be produced by peeling garlic cloves, washing, blanching, cooling, removing extra water, adding citric acid (0.1 percent) to the garlic cloves evenly and completely to preserve the cloves and their color, freezing, and packaging in staple-free corrugated cartons lined with blue polybags in bulk cases weighing 35 pounds to 40 pounds and/or 50 pounds. The product will be imported as a food ingredient and thawed in the food manufacturers’ frozen food manufacturing facilities.
The applicable subheading for the product will be 2004.90.8580, Harmonized Tariff Schedules of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006 ... other vegetables and mixtures of vegetables ... other, including mixtures. The general 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 the World Wide Web at http://www.usitc.gov/tata/hts/.
You have asked whether this product is subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at http://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and Countervailing Duty” under “Popular Topics” at the top of the screen), and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at http://addcvd.cbp.gov/.
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