CLA-2-20:OT:RR:NC:N2:228
Ms. Kelly Krause
RT Foods, Inc.
11333 N. Scottsdale Road
Scottsdale, AZ 85260
RE: The tariff classification of a frozen vegetable product from Thailand
Dear Ms. Krause:
In your letter dated July 8, 2020, you requested a tariff classification ruling.
A manufacturing flowchart, an ingredients breakdown and a photocopy of the packaging were provided with your inquiry.
The product described as a Frozen Vegetable Bird’s Nest is packaged as a kit with two soy packets, and is also packaged without the sauce.
The Frozen Vegetable Bird’s Nest with and without the soy packets is said to contain approximately 48 percent onion, 20 percent mixed vegetable tempura batter, 17 percent water, 12 percent carrots, and 3 percent kale. The soy dipping sauce packets are 100 percent soy sauce. The Frozen Vegetable Bird’s Nest with and without the soy packets will be imported in bags containing five 10.5 ounce retail boxes, 3.14 pounds, net weight.
In your letter, you suggest classification under 2004.90.8580, Harmonized Tariff Schedule of the United States (HTSUS). We agree.
The applicable subheading for the Frozen Vegetable Bird’s Nest with and without soy dipping sauce will be 2004.90.8580, 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 . . . 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 https://hts.usitc.gov/current.
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 Bruce N. Hadley, Jr. at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division