Tariff Schedule Rulings D-Memoranda Trade Remedies PGA Requirements Sanctions Regimes

Ruling C-2017-000626

active

&&The Fruit and Nut Quinoa Medley (5 lb/2.27 kg bulk) is a ready to eat cold salad served as a side-dish or main course. Product composition includes white quinoa (cooked) 59%, red bell pepper (blanched) 6.0%, extra virgin olive oil 4.3%, distilled vinegar 3.45%, lemon juice 3.45%, almonds (blanched) 3.45%, pumpkin seeds (blanched) 3.45%, cranberries (blanched) 3.45%, maple syrup 3.45%, black raisins (blanched) 3.4%, parsley 1.7%, scallion 1.7%, dried blueberries (blanched) 1.5%, and various seasonings 1%. The quinoa is cooked in boiling water to swell until they are al dente and chilled below 40°F (4.4°C) in an ice bath. The product handling requires refrigeration below 40° and it has a 32 day shelf life.

HS Classification

1904.10.90.90

CBSA Reasoning

&&Heading 19.04 of the Customs Tariff provides for “Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included”.&&&&The cooked quinoa accounts for 59% of the product providing its essential character. There is no wheat in this product excluding it from tariff classification 1904.10.10.90 as suggested by your agent. The good is a prepared food made from the cereals of Chapter 10 by swelling and meets the terms of heading 19.04, and tariff item 1904.10.90.90 as it contains no wheat.&&

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