Background

U.S. Customs and Border Protection is accepting comments through Oct. 12 on separate petitions requesting the reclassification of dried onion products and mixtures of dried garlic and dried onion.

CBP currently classifies the dried onion products as prepared or preserved onions under HTSUS 2005.99.20 but the petitioner contends they are properly classified as dried onion powder under HTSUS 0712.20.20. The petitioner asserts that these products are (1) preserved by drying and therefore excluded from HTSUS Chapter 20, (2) neither preserved nor prepared in a manner covered by Chapter 20, and (3) not prepared or preserved under the common and commercial meaning of those terms (because the small quantities of salt or preservatives do not create a permanent change to the onion powder). The petitioner further contends that to the extent these products are mixtures of multiple ingredients their essential character remains onion powder.

CBP currently classifies the mixtures of dried garlic and dried onion as mixtures of dried vegetables under HTSUS 0712.90.85 but the petitioner contends they are properly classified as dried garlic under HTSUS 0712.90.40. The petitioner argues that whether a given product is considered to be a mixture of vegetables depends on the specific vegetables included, the relative quantities of each, and the impact that the non-predominant vegetables have on the product’s essential character. As a result, because these mixtures are overwhelmingly composed of dried garlic, the petitioner states that they are appropriately classified as such.

For more information on classification issues, please contact attorney Deb Stern at (305) 894-1007 or via email.

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