May 15 CBP Bulletin Proposes to Modify Rulings on AGOA Fruit Products
In the May 15 Customs Bulletin (Vol. 53, No. 15), CBP published notices that propose to modify rulings and similar treatment for fruit products.
Comments on Proposals Due June 14
CBP said consideration will be given to any written comments received by June 14 before taking this action. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations subsequent to the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Fruit Products
| Item: Fruit products containing pineapple and mango with lime juice, and pineapple and banana with lime juice |
| Current: 2008.97.9094, 14.9% “Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: Other, including mixtures other than those of subheading 2008.19: Mixtures: Other." |
| Proposed: 0813.50.00, 14%, “Fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this chapter: Mixtures of nuts or dried fruits of this chapter." |
| Reason: "Upon review, we noted that the pineapple/mango and pineapple/banana fruit products at issue are dried in a drying tunnel," CBP said. Therefore, the goods are dried fruit products. "The pineapple/mango and pineapple/banana fruit products at issue" are considered to be products of Ghana and eligible for duty-free treatment under the African Growth and Opportunity Act," CBP said. |
| Proposed for revocation: NY N293259 (2018) and NY N296311 (2018) |
| Proposed new ruling: HQ H298338 |