CLA-2-07:OT:RR:NC:N5:228
Kameliya Petkova
KamiOn Brokerage Services
262 Hornet Lane
Laredo, TX 78045
RE: The tariff classification of organic mini peppers from Mexico
Dear Ms. Petkova:
In your letter dated May 29, 2025, you requested a tariff classification ruling on behalf of your client,
Comercializadora Agreste.
A description of the product and pictures accompanied your inquiry.
The subject merchandise is described as organic mini peppers (Capsicum annuum). Pictures provided depict
the organic mini peppers grown in a variety of colors (red, yellow and orange). The mini peppers are planted
from seeds in organic soil within high-tech greenhouses, harvested, and packaged for retail sale in 12 and
16-ounce plastic bags. The organic mini peppers will be imported in a chilled condition for resale at grocery
stores.
The applicable subheading for the red organic mini peppers will be 0709.60.4007, Harmonized Tariff
Schedule of the United States (HTS), which provides for other vegetables, fresh or chilled… fruits of the
genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)… other…greenhouse…. sweet bell-type
peppers (Capsicum annum) …certified organic…red. The general rate of duty will be 4.7 cents per kilogram.
The applicable subheading for the yellow organic mini peppers will be 0709.60.4009, Harmonized Tariff
Schedule of the United States (HTS), which provides for other vegetables, fresh or chilled… fruits of the
genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)… other…greenhouse…. sweet bell-type
peppers (Capsicum annum) …certified organic…yellow. The general rate of duty will be 4.7 cents per
kilogram.
The applicable subheading for the orange organic mini peppers will be 0709.60.4011, Harmonized Tariff
Schedule of the United States (HTS), which provides for other vegetables, fresh or chilled… fruits of the
genus Capsicum (peppers) or of the genus Pimenta (e.g., allspice)… other…greenhouse…. sweet bell-type
peppers (Capsicum annum) …certified organic…orange. The general rate of duty will be 4.7 cents per
kilogram.
Products of Mexico as provided by heading 9903.01.01 in Section XXII, Chapter 99, Subchapter III, U.S.
Note 2(a), HTSUS, other than products classifiable under headings 9903.01.02, 9903.01.03, 9903.01.04, and
9903.01.05, HTSUS, will be subject to an additional 25 percent ad valorem rate of duty. At the time of entry,
you must report the applicable Chapter 99 heading, i.e. 9903.01.01, in addition to subheadings 0709.60.4007,
0709.60.4009, 0709.60.4011, HTSUS, listed above. Articles that are entered free of duty under the terms of
general note 11 to the HTSUS (U.S.-Mexico-Canada Agreement (USMCA)), including any treatment set
forth in subchapter XXIII of Chapter 98 and subchapter XXII of chapter 99 of the HTSUS, will not be
subject to the additional ad valorem duties provided for in heading 9903.01.01. If your product is entered
duty free as originating under the USMCA, you must report heading 9903.01.04, HTSUS, in addition to
subheadings 0709.60.4007, 0709.60.4009, 0709.60.4011, HTSUS.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must
be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries
will be subject to an additional 10 percent ad valorem rate of duty. Your product falls within an excepted
subheading. At the time of entry, you must report the Chapter 99 heading applicable to your product
classification, i.e. [9903.01.27 or exclusion subheading], in addition to subheadings 0709.60.4007,
0709.60.4009, 0709.60.4011, HTSUS, listed above.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
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, please contact
National Import Specialist Timothy Petrulonis at [email protected].
Sincerely,
(for)
Steven A. Mack
Director
National Commodity Specialist Division