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The tariff classification of Aged Black Garlic Cloves from China
Issued July 5, 2012 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN2 N222716 (July 5, 2012)
Tariff classification
HTS codes: 0712.90.4040
Headings: 0712
Product description
Descriptive literature, a production flowchart and images of the product accompanied your letter. Aged Black Garlic Cloves are peeled, black garlic cloves, produced by exposing raw garlic to heat at 40-60 Celsius in heat kilns for up to 60 days after spraying salt water on the outer skin of the garlic, then cooling at room temperature for up to three days after it has finished aging and has turned black, peeling and packaging in airtight plastic bags containing 4 kilograms each. The product will be used directly for human consumption or as a food ingredient.
CBP rationale
The applicable subheading for the aged black garlic cloves will be 0712.90.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared … other vegetables … garlic … other.
Full text
N222716 July 5, 2012 CLA-2-07:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 0712.90.4040 Ms. Vanda Evans-Young Republic of Edibles P.O. Box 76 Berkeley, CA 94701 RE: The tariff classification of Aged Black Garlic Cloves from China Dear Ms. Evans-Young: In your letter dated June 21, 2012, you requested a tariff classification ruling. Descriptive literature, a production flowchart and images of the product accompanied your letter. Aged Black Garlic Cloves are peeled, black garlic cloves, produced by exposing raw garlic to heat at 40-60 Celsius in heat kilns for up to 60 days after spraying salt water on the outer skin of the garlic, then cooling at room temperature for up to three days after it has finished aging and has turned black, peeling and packaging in airtight plastic bags containing 4 kilograms each. The product will be used directly for human consumption or as a food ingredient. The applicable subheading for the aged black garlic cloves will be 0712.90.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared … other vegetables … garlic … other. The rate of duty will be 29.8 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 the 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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Thomas J. Russo Director National Commodity Specialist Division
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