Dried, Red Onions from Peru

HQ 955708 January 13, 1994 CLA-2 CO:R:C:F 955708 GFC CATEGORY: Classification TARIFF NO.: 0712.20.4000 Mr. Ralph H. Cundall Cundall & Associates 7480 Brigham Drive Dunwoody, Georgia 30350-5612 RE: Dried, Red Onions from Peru Dear Mr. Cundall: This is in response to your letter of January 7, 1994, requesting a binding ruling on the tariff classification of dried, red onions from Peru. FACTS: The commodity consists of, as you state, dried, red onions of the "Southport Red Globe" type to be imported from Peru. ISSUE: What is the tariff classification of such onions under the Harmonized Tariff Schedules of the United States (HTS)? LAW AND ANALYSIS: Dried onions, whole, cut, sliced, broken or in powder, but not further prepared, are provided for under item 0712.20.4000 of the HTS and are dutiable at 25 percent ad valorem for those countries that have "Most-Favored-Nation" status. However, under certain conditions (see enclosure), products from Peru may qualify for duty-free treatment under the Andean Trade Preference Act (ATPA). HOLDING: The dried, red onions as described are classifiable under the provision for "[d]ried vegetables, whole, cut, sliced, broken -2- or in powder, but not further prepared:. . .[o]nions:. . . [o]ther" in subheading 0712.20.4000 of the HTS at 25 percent ad valorem, or, if conditions are met, are duty free under the ATPA. Additional requirements may be imposed on this product by the Food and Drug Administration (FDA). You may contact the FDA at the following: Import Branch HFS-606 Food and Drug Administration 200 C Street, SW., Room 5404 Washington, D.C. 20204 Sincerely, John Durant, Director Commercial Rulings Division Enclosure