N115299 N1 Ruling Active

The tariff classification of canned pumpkin from China

Issued July 29, 2010 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 2005.99.9700

Headings: 2005

Product description

A product description and details of the manufacturing process accompanied your letter. Canned Pumpkin Puree is composed of 100 percent pumpkin which has been processed by washing, stemming and cutting. The pumpkin is then steamed, extracted, and hermetically sealed before being sterilized with heat. The product will be imported in 425 gram, 850 gram, and 3 kilogram cans for retail sale.

CBP rationale

The applicable subheading for the canned pumpkin will be 2005.99.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006…other vegetables and mixtures of vegetables…other…other.

Full text

N115299 July 29, 2010 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2005.99.9700 Mr. Philip Robinson FedEx Trade Networks 2820 B Street NW, Suite 101 Auburn, WA 98001 RE: The tariff classification of canned pumpkin from China Dear Mr. Robinson: In your letter dated July 14, 2010, on behalf of Seville Imports, Federal Way, WA, you requested a tariff classification ruling. A product description and details of the manufacturing process accompanied your letter. Canned Pumpkin Puree is composed of 100 percent pumpkin which has been processed by washing, stemming and cutting. The pumpkin is then steamed, extracted, and hermetically sealed before being sterilized with heat. The product will be imported in 425 gram, 850 gram, and 3 kilogram cans for retail sale. The applicable subheading for the canned pumpkin will be 2005.99.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006…other vegetables and mixtures of vegetables…other…other. The 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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 Stanley Hopard at (646) 733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division

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