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NY 878124




September 22, 1992

CLA-2-8:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 0803.00.2020; 0804.30.2000; 0804.30.4000; 0804.40.0000; 0804.50.4000; 0804.50.5000

Mr. Norman W. Kennedy
A & N Kennedy Industries, Inc.
125 Sherwood Lane
Mt. Holly, NJ 08060

RE: The tariff classification of fresh fruits from Trinidad

Dear Mr. Kennedy:

In your letter dated September 8, 1992 you requested a tariff classification ruling.

The fruits you plan to import are bananas, pineapples, avocados, mangoes, and citrus fruits.

The applicable subheading for the fresh bananas will be 0803.00.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for bananas and plantains, fresh or dried...bananas...fresh. The duty rate will be free.

The applicable subheading for fresh pineapples, not cut, sliced or otherwise reduced in size, imported in bulk, will be 0804.30.2000, HTS, which provides for pineapples...fresh...not reduced in size...in bulk. The rate of duty will be 0.64 cents per kilogram. Fresh pineapples, not reduced in size, imported in crates or other packages, will be classified in subheading 0803.30.4000, HTS. The rate of duty for these pineapples will be 1.31 cents per kilogram.

The applicable subheading for fresh avocados will be 0804.40.0000, HTS, which provides for avocados...fresh or dried. The rate of duty will be 13.2 cents per kilogram.

Fresh mangoes, entered during the period from September 1, in any year, to the following May 31, inclusive, will be classified in subheading 0804.50.4000, HTS. If entered at any other time, they will be classified in subheading 0804.50.6000, HTS. In either case, the rate of duty will be 8.27 cents per kilogram.

Articles classifiable under subheadings 0804.50.4000 and 0804.50.6000, HTS, which are products of Trinidad are entitled to duty free treatment under the Generalized System of Preferences (GSP) or the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

Articles classified under subheadings 0804.30.2000, 0804.30.4000, and 0804.40.0000, HTS, which are products of Trinidad are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) 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. In addition, avocados are subject to inspection and certification requirements of the U.S. Department of Agriculture, Agricultural Marketing Service. It is suggetsted you contact these agencies directly for further information.

Your inquiry does not provide enough information for us to give a classification ruling on the citrus fruits. Your request for a classification ruling should include the names of the citrus fruits you plan to import. Identify the fruits by their common and botanical name.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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