The tariff classification of a frozen prepared vegetable product from France
Issued December 31, 2012 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 2004.90.8580
Headings: 2004
Product description
The sample was examined and disposed of. Trader Joe’s Grilled Eggplant & Zucchini Mélange is a frozen, prepared vegetable product, composed of 17 percent grilled eggplant, 17 percent grilled zucchini, 13 percent water, 12 percent grilled red and yellow bell peppers, 8 percent tomato puree, 7 percent crushed tomatoes, 7 percent diced tomato, 6 percent mozzarella cheese, 3 percent parmesan cheese, 2 percent onion, and unstated amount of celery, basil, sugar, extra virgin olive oil, tomato concentrate, salt, modified rice, corn or tapioca starch, coriander, and pepper extract, packed in a plastic bag for retail sale containing 16 ounces (454 grams), net weight. The product can be consumed after heating on a stove top, in a microwave, or conventional oven.
CBP rationale
The applicable subheading for the product will be 2004.90.8580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006…other vegetables and mixtures of vegetables…other… other, including mixtures.
Full text
N236232 December 31, 2012 CLA-2-20:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2004.90.8580 Mr. Emmanuel Rain Frial, Inc. 659 Oak Grove Avenue Suite 505 Menlo Park, CA 94025 RE: The tariff classification of a frozen prepared vegetable product from France Dear Mr. Rain: In your letters dated October 11 and November 26, 2012, you requested a tariff classification ruling. Ingredients information accompanied your October inquiry. A sample and additional information were provided with your November letter. The sample was examined and disposed of. Trader Joe’s Grilled Eggplant & Zucchini Mélange is a frozen, prepared vegetable product, composed of 17 percent grilled eggplant, 17 percent grilled zucchini, 13 percent water, 12 percent grilled red and yellow bell peppers, 8 percent tomato puree, 7 percent crushed tomatoes, 7 percent diced tomato, 6 percent mozzarella cheese, 3 percent parmesan cheese, 2 percent onion, and unstated amount of celery, basil, sugar, extra virgin olive oil, tomato concentrate, salt, modified rice, corn or tapioca starch, coriander, and pepper extract, packed in a plastic bag for retail sale containing 16 ounces (454 grams), net weight. The product can be consumed after heating on a stove top, in a microwave, or conventional oven. The applicable subheading for the product will be 2004.90.8580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006…other vegetables and mixtures of vegetables…other… other, including mixtures. 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 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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