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NY 874712

June 2, 1992



TARIFF NO.: 0701.90.5040; 0706.10.2000

Mr. Michael J. Wolzen
J. Wolzen Trucking Inc.
6243-64 Street
Delta, B.C. Canada V4K 4E2

RE: The tariff classification of cull vegetables from Canada

Dear Mr. Wolzen:

In your letter dated October 30, 1991, which was received on May 21, 1992, you requested a tariff classification ruling.

The merchandise is described as cull potatoes and cull carrots, i.e., whole, fresh vegetables found not to meet either the Canadian or U.S. Department of Agriculture standards for vegetables for human consumption. These vegetables will be imported in large bins, and used as cattle feed by the dairy industry.

The applicable subheading for the cull potatoes will be 0701.90.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for potatoes, fresh or chilled...other...other...other. The duty rate will be .77 cents per kilogram.

The applicable subheading for the cull carrots will be 0706.10.2000, HTS, which provides for carrots...other...other. The rate of duty will be 1.1 cents per kilogram.

Goods classifiable under subheadings 0701.90.5040 and 0706.10.2000, HTS, which have originated in the territory of Canada, will be entitled to a .4 cents per kilogram, and .6 cents per kilogram rate of duty, respectively, under the United States- Canada Free Trade Agreement (FTA) 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. It is suggested you contact these agencies directly for further information.

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


Jean F. Maguire
Area Director

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