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NY F81272




January 20, 2000

CLA-2-7:RR:NC:2:228 F81272

CATEGORY: CLASSIFICATION

TARIFF NO.: 0705.19.2000; 0705.19.4000; 1602.32.0040; 2106.90.9998

Ms. Carol Hagyard
A.N. Deringer, Inc.
1010 Niagara Street
Buffalo, NY 14213

RE: The tariff classification of salads from Canada

Dear Ms. Hagyard:

In your letter dated December 7, 1999, on behalf of Fresh Mix Ltd., Barrie, Ontario, Canada, you requested a tariff classification ruling. Your letter was received by this office on December 21, 1999.

Ingredients breakdowns and samples of the package labels were submitted with your letter. Additional information was provided in a facsimile transmission dated January 19, 2000. Your letter describes eight different “Meals Express” brand prepared salads, imported in refrigerated condition, packed in containers ranging from 6 ounces to 36 ounces. Depending on the salad, the product consists of a mixture of fresh cut vegetables, vegetables and cheese, vegetables and meat, or vegetables and cheese and meat. In addition, depending on the salad, included in the imported package is a sealed packet or packets of dressing, bacon bits or bacon flakes, croutons, cheese, or bread sticks.

Caesar Salad consists of romaine lettuce, a packet of salad dressing, and either three additional packets containing bacon bits, croutons, and parmesan cheese, or a single packet containing a mixture of the latter three ingredients. Greek Salad is a mixture of romaine lettuce, onions, cherry tomatoes, black olives, and feta cheese, and a packet of dressing. Mediterranean Salad is a mixture of romaine lettuce, cherry tomatoes, celery, carrots, and red and green peppers, and a packet of dressing. Italian Salad with Prosciutto is a mixture of romaine lettuce, radicchio, cherry tomatoes, mozzarella cheese, and prosciutto (less than 20 percent), and a packet of dressing. BLT Salad is a mixture of romaine lettuce, cherry tomatoes, and onions, and separate packets of dressing, bacon flakes, and bread sticks. Chef Salad with Ham is a mixture of romaine lettuce, cabbage, carrots, cherry tomatoes, ham, (less than 20 percent), eggs, and cheddar cheese, and a packet of dressing. Mixed Green Vegetable with Turkey is a mixture of iceberg lettuce, endive, radicchio, carrots, parsley, cherry tomatoes, and turkey breast (less than 20 percent), and a packet of dressing. Chicken Breast Caesar Salad is a mixture of romaine lettuce and chicken breast (31 percent), and separate packets of dressing and croutons.

The applicable subheading for the Caesar Salad, Mediterranean Salad, and BLT Salad, if entered in the period from June 1 to October 31, will be 0705.19.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Lettuce (Lactuca sativa)fresh or chilledother. The rate of duty will be 0.4 cents per kilogram. If entered at any other time the salads will be classified in subheading 0705.19.4000, HTS, and dutiable at the rate of 3.7 cents per kilogram.

The applicable subheading for the Chicken Breast Caesar Salad will be 1602.32.0040, HTS, which provides for other prepared or preserved meatof poultry of heading 0105of chickensother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the Greek Salad, Italian Salad with Prosciutto, Chef Salad with Ham, and Mixed Green Vegetable with Turkey will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or includedother otherother. The rate of duty will be 6.4 percent ad valorem.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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