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HQ 955708


January 13, 1994

CLA-2 CO:R:C:F 955708 GFC

CATEGORY: CLASSIFICATION

TARIFF NO.: 0712.20.4000

Mr. Ralph H. Cundall
Cundall & Associates
7480 Brigham Drive
Dunwoody, Georgia 30350-5612

RE: Dried, Red Onions from Peru

Dear Mr. Cundall:

This is in response to your letter of January 7, 1994, requesting a binding ruling on the tariff classification of dried, red onions from Peru.

FACTS:

The commodity consists of, as you state, dried, red onions of the "Southport Red Globe" type to be imported from Peru.

ISSUE:

What is the tariff classification of such onions under the Harmonized Tariff Schedules of the United States (HTS)?

LAW AND ANALYSIS:

Dried onions, whole, cut, sliced, broken or in powder, but not further prepared, are provided for under item 0712.20.4000 of the HTS and are dutiable at 25 percent ad valorem for those countries that have "Most-Favored-Nation" status. However, under certain conditions (see enclosure), products from Peru may qualify for duty-free treatment under the Andean Trade Preference Act (ATPA).

HOLDING:

The dried, red onions as described are classifiable under the provision for "[d]ried vegetables, whole, cut, sliced, broken
or in powder, but not further prepared:. . .[o]nions:. . . [o]ther" in subheading 0712.20.4000 of the HTS at 25 percent ad valorem, or, if conditions are met, are duty free under the ATPA.

Additional requirements may be imposed on this product by the Food and Drug Administration (FDA). You may contact the FDA at the following:

Import Branch HFS-606
Food and Drug Administration
200 C Street, SW., Room 5404
Washington, D.C. 20204

Sincerely,

John Durant, Director

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