The tariff classification of food products from Nigeria

N079657 October 30, 2009 CLA-2-3:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 0305.49.4040; 0306.29.0000; 0712.90.8580, 0713.39.1090, 2008.99.6500 Mr. Odizie Ajike Kingsody Inter-Continental 7203 Chestnut West Randolph, MA 02368 RE: The tariff classification of food products from Nigeria Dear Mr. Ajike: In your letter dated September 16, 2009 and undated letter, received on October 9, 2009, you requested a tariff classification ruling. Samples were submitted with your September letter and additional information was provided with your October correspondence. The samples were examined and disposed of. Dried Fish consists of brown-colored, dry, irregular-shaped pieces, said to be wood-fire dried/smoked tilapia. The sample of Cray Fish consists of the whole fish, dry, brittle, and brown in color. The product identified as Bitter Leaf (Nigerian name olougbu) is said to be the sun-dried leaves of the plant Veronia amygdalina. The sample is in the form of brittle, irregular-shaped, purple/black-colored pieces. African White Beans (Phaseolus vulgaris) are dried, whole, black-eye white beans, approximately 5/16 to 3/8-inch in length. Cassava Chips (Nigerian name abachaa) are in the form of dry strands prepared from the root of the plant Manihot esculenta. The root is peeled, cooked, sliced and dried. All products will be packed in cartons or sacks containing up to 50 kilograms. The applicable subheading for the Dried Fish will be 0305.49.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for smoked fish, whether or not cooked before or during the smoking process…smoked fish, including fillets…other…other…other. The rate of duty will be free. The applicable subheading for the Cray Fish will be 0306.29.0000, HTSUS, which provides for crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine…not frozen…other. The rate of duty will be free. The applicable subheading for the Bitter Leaf will be 0712.90.8580, HTSUS, which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared…other vegetables…other. The rate of duty will be 8.3 percent ad valorem. The applicable subheading for the African Beans will be 0713.39.1090, HTSUS, which provides for dried leguminous vegetables, shelled, whether or not skinned or split…beans (Vigna spp., Phaseolus spp.) …other…seeds of a kind used for sowing…other. The rate of duty will be 1.5 cents per kilogram. The applicable subheading for the Cassava Chips will be 2008.99.6500, HTSUS, which provides for other edible parts of plants, otherwise prepared0 or preserved…not elsewhere specified or included…other…cassava (manioc). The rate of duty will be 7.9 percent ad valorem. 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 subheadings 0712.90.8580, 0713.39.1000, and 2008.99.6500, HTSUS, which are products of Nigeria are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, 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”. 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. The importation these products may be subject to restrictions imposed by the United States Department of Agriculture (USDA) and/or Food and Drug Administration (FDA). It is suggested you contact those agencies directly for further information. 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