The tariff classification of fresh chives, tarragon and rosemary from Colombia

N159075 April 15, 2011 CLA-2-07:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 0703.90.0000; 0709.90.9100; 1211.90.9190 Mr. Alejandro Valencia World Logistics (MIA) 1224 N.W. 72nd Ave. Miami, Florida 33126 RE: The tariff classification of fresh chives, tarragon and rosemary from Colombia Dear Mr. Valencia: In your letter dated March 28, 2011, on behalf of Herbs By The Pound LLC, Colombia, you requested a tariff classification ruling. Images of fresh produce accompanied your letter. Fresh chives, tarragon and rosemary will be imported in refrigerated condition, packed in 1-lb bags individually, and boxed in 12-lb cartons for transportation. The applicable subheading for the fresh chives will be 0703.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled…leeks and other alliaceous vegetables. The rate of duty will be 20 percent ad valorem. The applicable subheading for the fresh tarragon will be 0709.90.9100, HTSUS, which provides for other vegetables, fresh or chilled…other…other. The rate of duty will be 20 percent ad valorem. The applicable subheading for the fresh rosemary will be 1211.90.9190, HTSUS, which provides plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered…other…other…other…other. The duty rate will be free. 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