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HQ 086011

October 31, 1990

CLA-2:CO:R:C:G 086011 SR


TARIFF NO.: 0704.90.20

Mr. David O. Elliott
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016

RE: Ruling request for Chinese Cabbage

Dear Mr. Elliott:

This is in reference to your letter dated November 17, 1989, requesting the tariff classification of Chinese cabbage under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The merchandise is imported from Canada.


The merchandise at issue is Chinese or Napa cabbage. This is the vegetable Brassica pekinensis. The inquirer previously requested a ruling on this merchandise, however, because of an action filed with the Court of International Trade no ruling was issued according to Title 19 CFR Section 177.7. Because the inquirer has withdrawn the summonses and the action was dismissed, a ruling can now be issued.


What is the classification of Chinese cabbage?


Subheading 0704.90.20, HTSUSA, provides for cabbages, cauliflower, kohlrabi, kale and similar edible brassicas, fresh or chilled, other (including sprouting broccoli (Brassica oleracea var. Italica), cabbage. The Explanatory Notes provide
the official interpretation of the tariff at the international level. The Explanatory Notes to heading 0704 state that the fresh or chilled products of this heading include other headed brassicas, (e.g., white cabbage, Savoy cabbage, red cabbage, Chinese cabbage), collards, kale and other leafy brassicas, sprouting broccoli and other sprouting brassicas, and kohlrabi.

It has been argued that Chinese cabbage is not classifiable under subheading 0704.90.20, HTSUSA, because it is a different type of vegetable than regular cabbage. Regular cabbage is the vegetable Brassica oleracea capitata, which has a round compact head with tightly clustered leaves. Chinese cabbage is the vegetable Brassica pekinensis, which has a cylindrical head of crisp leaves. It has been argued that Chinese cabbage is classifiable under subheading 0704.90.40, HTSUSA, as cabbages and similar edible brassicas, fresh or chilled, other, other.

The Summaries of Trade and Tariff Information, (1968), Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, provided such headings or notes do not otherwise require, according to the remaining GRI's taken in order.

Cabbage is specifically listed in the heading and a subheading. It is argued that Chinese cabbage is not the kind of cabbage intended in this subheading; however, Chinese cabbage is listed as an exemplar in the Explanatory Notes with other types of cabbage that are round with tightly clustered leaves. Therefore, it must be intended that Chinese cabbage is classified as cabbage in the HTSUSA.


The Chinese cabbage at issue is classifiable under subheading 0704.90.20, HTSUSA, which provides for cabbages and similar edible brassicas, fresh or chilled, other, cabbage. The rate of duty, if this merchandise is considered "goods originating in the territory of Canada", is 0.9 cents per kilogram under the special duty rate column. Otherwise the
merchandise is dutiable at the rate of 1.2 cents per kilogram under the General duty rate column.


John Durant, Director

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