Fresh Guava Fruit from Venezuela

HQ 087615 November 29, 1990 CLA-2 CO:R:C:G 087615 ALS CATEGORY: Classification TARIFF NO.: 0804.50.4000;0804.50.6000 Ms. Marla L. Ruth Administrator Rober Agro, Inc. P.O. Box 262438 Tampa, Florida 33685-2438 RE: Fresh Guava Fruit from Venezuela Dear Ms. Ruth: This is in reference to your letter of July 27, 1990, requesting the rates of duty that apply to fresh guava fruit from Venezuela as well as information as to restrictive orders in effect for this fruit. FACTS: You wish to import the fresh unprocessed edible fruit of the guava shrub or tree from Venezuela. ISSUE: What is the tariff classification of fresh unprocessed guava fruit from Venezuela? LAW AND ANALYSIS: Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's). GRI 1 requires that classification be determined first according to the terms of the headings of the tariff and any relative section or chapter notes and, unless otherwise required, then according to the remaining GRI's, taken in order. Heading 0804 of Chapter 8, HTSUSA, covers the tariff classification of various edible fruits. Subheading 0804.50 thereunder specifically covers guavas, mangoes and mangosteens. These fruits, if entered during the period from September 1 of any year, to the following May 31, inclusive, are classifiable under subheading 0804.50.4000, HTSUSA. These fruits, if entered at any other time of the year are classifiable under subheading 0804.50.6000, HTSUSA. HOLDING: Guava fruit entered during the period September 1 of any year, to the following May 31, inclusive, are classifiable under subheading 0804.50.4000, HTSUSA, and are dutiable at the general rate of 8.27 cents per kilogram. Guava fruit entered at any other time of the year is classifiable under subheading 0804.50.6000, HTSUSA, and is dutiable at the same general rate of 8.27 cents per kilogram. Guava fruit which is the product of Venezuela is entitled to duty free entry under the Generalized System of Preferences upon compliance with applicable regulations. Additional information regarding the Generalized System of Preferences is enclosed. Since the importation of fresh fruit is subject to the control of the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture and the Food and Drug Administration of the U.S. Department of Health and Human Services, we have referred your inquiry to them. They will respond to you directly regarding restrictions on the importation of guava fruit. Sincerely, John Durant, Director Commercial Rulings Division