The tariff classification of prepared vegetables from Colombia

N138264 December 21, 2010 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2005.40.0000; 2005.99.9700 Mr. Ernesto Jocson Richard G. Fleischer, CHB 132 West 132nd Street Los Angeles, CA 90061 RE: The tariff classification of prepared vegetables from Colombia Dear Mr. Jocson: In your letter dated December 7, 2010, on behalf of Cordialsa USA, Inc., you requested a tariff classification ruling. Technical information and samples of four products were submitted with your letter. Except as noted below, the samples were examined and disposed of. The articles are vegetable products in a liquid medium, put up for retail sale in pull-top metal cans containing from 200 grams to 580 grams, net weight. Zenu brand “Arvejas al Natural” (natural peas) consists of green peas in a medium of water, sugar and salt. “Ensalada con Maiz y Champinones” (peas and carrots salad with corn and mushrooms) is composed of peas, carrots, sweet corn, mushrooms, water, sugar and salt. “Arvejas con Zanahoria” (peas with carrots) contains peas, carrots, water, sugar and salt. The applicable subheading for “Arvejas al Natural” will be 2005.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…peas. The duty rate will be free. The applicable subheading for “Ensalada con Maiz y Champinones” and “Arvejas con Zanahoria” will be 2005.99.9700, HTSUS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen…other vegetables and mixtures of vegetables… other…other. The duty rate 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/. Articles classifiable under subheading 2005.99.9700, HTSUS, which are products of Colombia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) or the Andean Trade Preference Act (APTA) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”. Your inquiry does not provide enough information for us to give a classification ruling on “Frijoles del Rancho” (red beans with corn and sausage in BBQ sauce). Your request for a classification ruling should include the botanical identity (genus and species) of the “beans” and a complete ingredients breakdown, by weight. When this information is available, you may wish to consider resubmission of your request. The samples of this product will be retained with the National Import Specialist for thirty (30) days, pending receipt of the above information. 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