HQ 955708: Dried, Red Onions from Peru

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            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
                              -2-


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
                              Commercial Rulings Division

Enclosure