The tariff classification of fresh coconuts from Costa Rica.

N060420 May 28, 2009 CLA-2-08:OT:RR:E:NC:2:231 CATEGORY: Classification TARIFF NO.: 0801.19.0020 Mr. Michael Russell Allpointz, Inc. 115 Pine Ave. 410 Long Beach, CA 90802 RE: The tariff classification of fresh coconuts from Costa Rica. Dear Mr. Russell: In your letter dated May 11, 2009, you requested a tariff classification ruling on behalf of Vadesa (Lahaina, HI). In an email message dated May 15, 2009, Angel C. Wang of your office provided additional information. The items in question are fresh coconuts whose green outer husks have been removed. The hard brown shells (under the husks) will still be present and intact. The coconuts, which will not be processed in any way beyond husk removal, will be imported at ambient temperatures. Although your refer to these goods as “shelled,” we find that they fall in the tariff provision for “in shell,” since, as noted, the shells will not have been removed from the imported coconuts. The applicable subheading for the de-husked fresh coconuts in their shells will be 0801.19.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not shelled or peeled: coconuts: other: in shell. The rate of duty will be free. 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/. You have expressed concern that the admissibility of these goods may be affected by requirements administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). We advise you to contact that agency directly, at the following location, with regard to applicable regulations and possible restrictions: U.S. Department of Agriculture APHIS Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136 Riverdale, MD 20737-1236 Telephone number: 877-770-5990 This merchandise is also 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. Although you did not set forth a specific packaging/marking scenario, you also asked about country of origin marking requirements. Accordingly, we are providing the following as general information: The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.Natural products, such as vegetables, fruits, nuts, berries, and live or dead animals, fish and birds, in their natural state or not advanced in any manner further than is necessary for their safe transportation, are excepted from the requirements of country of origin marking pursuant to section 134.33, Customs Regulations (19 CFR 134.33). However, when imported in a container, the outermost container in which the article ordinarily reaches the ultimate purchaser is required to be marked to indicate the origin of its contents. 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 Nathan Rosenstein at (646) 733-3030. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division