L80208 L8 Ruling Active

The tariff classification of a vegetable preparation from Germany. Correction to Customs Ruling No. NY K87305. Dear Ms. Eckert:

Issued October 29, 2004 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 2005.20.0070

Headings: 2005

Product description

Potato Eintopf consists of 56.13 percent potatoes, 34.17 percent water, 3.53 percent carrots, 2 percent smoked bacon, 1.33 percent lard, 1.19 percent leek, and less than one percent each of salt, starch, monosodium glutamate, flavoring, guar gum, ascorbic acid, seasoning, and color. The product is put up in a can containing approximately 28 ounces, net weight. Examination of the sample found the product had the consistency of mashed potatoes.

CBP rationale

The applicable subheading for the Potato Eintopf will be 2005.20.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006…potatoes…other.

Full text

NY L80208 October 29, 2004 CLA-2-20:RR:NC:2:228 L80208 CATEGORY: Classification TARIFF NO.: 2005.20.0070 Ms. Margaret Eckert CMA-German Agricultural Marketing Board 42 Lehigh Lane Hicksville, NY 11801 RE: The tariff classification of a vegetable preparation from Germany. Correction to Customs Ruling No. NY K87305. Dear Ms. Eckert: This ruling is being issued to correct Customs Ruling No. NY K87305, dated August 5, 2004. A typographical error appears in the body of the letter. A complete corrected ruling follows. In your letter dated June 22, 2004, you requested a tariff classification ruling. The sample submitted with your letter was examined and disposed of. Potato Eintopf consists of 56.13 percent potatoes, 34.17 percent water, 3.53 percent carrots, 2 percent smoked bacon, 1.33 percent lard, 1.19 percent leek, and less than one percent each of salt, starch, monosodium glutamate, flavoring, guar gum, ascorbic acid, seasoning, and color. The product is put up in a can containing approximately 28 ounces, net weight. Examination of the sample found the product had the consistency of mashed potatoes. The applicable subheading for the Potato Eintopf will be 2005.20.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006…potatoes…other. The rate of duty will be 6.4 percent ad valorem. 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 Stanley Hopard at 646-733-3029. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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