The tariff classification of canned pigeon peas from Ecuador

N142257 January 21, 2011 CLA-2-20:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2005.99.9700 Mr. Pedro L. Sitiriche Pedro L. Sitiriche - Torres CHB Calle 2 C-15 Diamond Village Caguas, PR 00725 RE: The tariff classification of canned pigeon peas from Ecuador Dear Mr. Sitiriche: In your letter dated January 7, 2011, on behalf of Malgor & Co., you requested a tariff classification ruling. The product is described as green pigeon peas boiled in water with salt, packed in a can holding 15 ounces. The applicable subheading for this product will be 2005.99.9700, 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…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 Ecuador may be entitled to duty free treatment under the Generalized System of Preferences (GSP) or the Andean Trade Preference Act (ATPA) 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”. 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