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NY 867734


October 21, 1991

CLA-2-7:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 0709.20.1000; 0709.20.9000

Mr. Nelson Navas Almeida
Jefe de Sistemas e Informacion Comercial
FEDEXPOR
Casilla 17-15-00187-8
Quito, Ecuador South America

RE: The tariff classification of fresh asparagus from Ecuador

Dear Mr. Almeida:

In your letter dated October 9, 1991, you requested a tariff classification ruling.

The merchandise is described as fresh asparagus. You have not indicated whether the vegetable will be cut, sliced, or otherwise reduced in size, or how it will be transported to the United States.

The applicable subheading for fresh asparagus, not reduced in size, entered during the period from September 15 to November 15, inclusive, in any year, and transported to the United States by air, will be 0709.20.1000, Harmonized Tariff Schedule of the United States (HTS). The duty rate will be 5 percent ad valorem. Fresh asparagus not meeting these requirements will be classified in subheading 0709.20.9000, HTS, and dutiable at the rate of 25 percent ad valorem.

Articles classifiable under subheading 0709.20.1000, HTS, which are products of Ecuador are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact these agencies directly for further information.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

Sincerely,

Jean F. Maguire
Area Director

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