In the Aug. 11, 2021, Customs Bulletin and Decisions, U.S. Customs and Border Protection is proposing to reclassify frozen soybeans or edamame as soybeans under HTSUS 2008.99.6100 (3.8 percent duty) rather than as other beans under HTSUS 0710.22.3700 (4.9 cents/kg). Comments on this proposed change, which would include the revocation of ruling NY N296408, are due by Sept. 10.

The product at issue is 100 percent young soybeans in the pods to be consumed as microwaveable snacks. They are picked, washed, boiled, and flash frozen within hours of being picked.

CBP explains that the Explanatory Notes to heading 0710 include leguminous vegetables as among those classified in that heading when frozen. Leguminous vegetables, when not frozen, and provided for within heading 0708, except that the ENs explicitly exclude soya beans.

For more information on how to seek or utilize classification and other rulings, please contact attorney Deb Stern at (305) 894-1007 or via email.

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