The tariff classification of roasted garlic from China

NY R02828 November 17, 2005 CLA-2-20:RR:NC:N2:228 R02828 CATEGORY: Classification TARIFF NO.: 2004.90.8580; 2005.90.9700 Mr. Dale Brunton FoodTeam International 55 River Drive South Jersey City, NJ 07310 RE: The tariff classification of roasted garlic from China Dear Mr. Brunton: In your letter dated November 10, 2005 you requested a tariff classification ruling. Photographs and a description of the manufacturing process accompanied your letter. The product is described as roasted peeled garlic cloves, imported frozen or at ambient temperatures. Fresh garlic cloves are cooked in a continuous roaster for about 30 minutes at approximately 350 degrees Fahrenheit and Individually Quick Frozen (IQF). The roasted cloves sold at ambient temperature would be roasted for a longer period of time. The applicable subheading for the frozen, roasted garlic cloves will be 2004.90.8580, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006…other vegetables…other… other, including mixtures. The rate of duty will be 11.2 percent ad valorem. The applicable subheading for the roasted garlic cloves at ambient temperature will be 2005.90.9700, HTS, which provides for other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006…other vegetables and mixtures of vegetables…other. The rate of duty will be 11.2 percent ad valorem. 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