The tariff classification of "dried Acai pits" from Brazil

N052960 March 10, 2009 CLA-2-14:OT:RR:E:NC:N2:235 CATEGORY: Classification TARIFF NO.: 1404.90.9090 Mr. Andrew Bean Liberty Woods 1903 Wright Place, Suite 360 Carlsbad, CA 92008 RE: The tariff classification of “dried Acai pits” from Brazil Dear Mr. Bean: In your letter dated February 25, 2009, you requested a tariff classification ruling. The subject product is the dried pits from Acai berries. You indicate that the pits will have all fruit removed and will be in a dried state when imported. The pits, which are approximately ten millimeters in diameter, will be imported in forty pound bags. The pits will be used in furnaces and heaters as an alternative fuel to wood pellets. The applicable subheading for the “dried Acai pits” will be 1404.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Vegetable products not elsewhere specified or included: Other: Other". The rate of duty will be Free. This merchandise may be subject to requirements or restrictions imposed by the United States Department of Agriculture (USDA) and/or the United States Food and Drug Administration (FDA). It is suggested you contact those agencies for further information. 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/. 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division