The tariff classification of dates from Tunisia

N042078 November 13, 2008 CLA-2-08:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 0804.10.6000 Mr. Greg Raumin The Jewel Date Company, Inc. 48-440 Prairie Drive Palm Desert, CA 92260 RE: The tariff classification of dates from Tunisia Dear Mr. Raumin: In your letter dated October 13, 2008 you requested a tariff classification ruling. The product is described as whole, Deglet Noor dates, sun dried and hand pitted, packed in 10-kilogram or 8.6-kilogram cartons. The dates will be shipped in refrigerated containers, at a temperature of 15 degrees Fahrenheit. At that temperature, owing to fruit’s sugar content, you assert the dates will not be frozen throughout. The applicable subheading for the dates, chilled to 15 degrees Fahrenheit and not frozen throughout, will be 0804.10.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for dates…fresh or dried…whole, with or without pits…other…with pits removed. The rate of duty will be 2.8 cents per kilogram. 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/. Articles classifiable under subheading 0804.10.6000, HTSUS, which are products of Tunisia, may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”. These goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture and/or the U.S. Food and Drug Administration. You may wish to contact these agencies directly for further information. 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