44030 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 

and personal information concerning 

individuals associated with the grant 

applications, the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy. 

Name of Committee: National Institute of 

Neurological Disorders and Stroke Special 

Emphasis Panel Clinical Trials & Biomarker 

Studies in Stroke. 

Date: August 18, 2021. 

Time: 11:00 a.m. to 4:30 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: National Institutes of Health, 

Neuroscience Center, 6001 Executive 

Boulevard, Rockville, MD 20852, (Virtual 

Meeting). 

Contact Person: Shanta Rajaram, Ph.D., 

Scientific Review Officer, Scientific Review 

Branch, Division of Extramural Activities, 

NINDS/NIH, NSC, 6001 Executive Blvd., 

Suite 3208, MSC 9529, Rockville, MD 20852, 

(301) 435–6033, rajarams@mail.nih.gov. 

This notice is being published less than 15 

days prior to the meeting due to the timing 

limitations imposed by the review and 

funding cycle. 

(Catalogue of Federal Domestic Assistance 

Program Nos. 93.853, Clinical Research 

Related to Neurological Disorders; 93.854, 

Biological Basis Research in the 

Neurosciences, National Institutes of Health, 

HHS) 

Dated: August 5, 2021. 

Tyeshia M. Roberson-Curtis, 

Program Analyst, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 2021–17102 Filed 8–10–21; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

[Docket No. USCBP–2021–0028] 

Receipt of Domestic Interested Party 

Petition Concerning the Tariff 

Classification of Dried Onion Products 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Notice of receipt of domestic 

interested party petition; solicitation of 

comments. 

SUMMARY: U.S. Customs and Border 

Protection (CBP) has received a petition 

submitted on behalf of a domestic 

interested party requesting the 

reclassification, under the Harmonized 

Tariff Schedule of the United States 

(HTSUS), of certain dried onion 

products. CBP currently classifies the 

subject dried onion products under 

subheading 2005.99.20, HTSUS, as 

onions prepared or preserved otherwise 

than by vinegar or acetic acid. Petitioner 

contends that the proper classification 

for the subject dried onion products is 

under subheading 0712.20.20, HTSUS, 

as dried onion powder not further 

prepared. This document invites 

comments with regard to the correctness 

of the current classification. 

DATES: Comments must be received on 

or before October 12, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number, by the first 

method listed below: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP–2021–0028. 

• Mail: Due to COVID–19-related 

restrictions, CBP has temporarily 

suspended its ability to receive public 

comments by mail. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice of 

domestic interested party petition 

concerning the tariff classification of 

dried onion products. All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Docket: For access to the docket to 

read background documents, exhibits, 

or comments received, go to http://

www.regulations.gov. Due to the 

relevant COVID–19-related restrictions, 

CBP has temporarily suspended on-site 

public inspection of public comments. 

FOR FURTHER INFORMATION CONTACT: 

Tanya Secor, Food, Textiles and 

Marking Branch, Regulations and 

Rulings, Office of Trade, U.S. Customs 

and Border Protection, at (202) 325– 

0062 or by email at tanya.j.secor@

cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

A petition has been filed under 

section 516 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1516), on behalf of 

Olam West Coast Inc. (Petitioner or 

Olam), which is an agri-business and 

supplier of food, ingredients, and raw 

materials, based in Fresno, California. 

Olam manages a wide range of 

production, processing, and supply of 

agricultural products in twelve states, 

with a majority of its operations in 

California. Olam’s largest onion and 

garlic plant is in Gilroy, California. 

Olam meets all of the requirements of a 

domestic interested party set forth in 19 

U.S.C. 1516(a)(2) and section 175.3(a) in 

title 19 of the Code of Federal 

Regulations (19 CFR 175.3(a)). 

In New York Ruling Letter (NY) 

N265994 (July 9, 2015), NY N261449 

(February 20, 2015), NY N257752 

(October 24, 2014), and NY M86441 

(October 13, 2006), CBP classified 

various mixtures of onion powder and 

salt or other ingredients as prepared or 

preserved onions in subheading 

2005.99.20 of the Harmonized Tariff 

Schedule of the United States (HTSUS), 

which provides for ‘‘Other vegetables 

prepared or preserved otherwise than by 

vinegar or acetic acid, not frozen, other 

than products of heading 2006: Other 

vegetables and mixtures of vegetables: 

Other: Onions.’’ Petitioner contends that 

the proper classification for the onion 

powder mixtures is dried onion powder 

in subheading 0712.20.20, HTSUS, 

which provides for ‘‘Dried vegetables, 

whole, cut, sliced, broken or in powder, 

but not further prepared: Onions: 

Powder or flour.’’ 

Applicable Legal Principles 

Classification under the HTSUS is 

determined in accordance with the 

General Rules of Interpretation (GRIs) 

and, in the absence of special language 

or context which otherwise requires, by 

the Additional U.S. Rules of 

Interpretation (ARIs). GRI 1 provides 

that the classification of goods shall be 

determined according to the terms of the 

headings and any relative section or 

chapter notes. In the event that the 

goods cannot be classified solely on the 

basis of GRI 1, and if the headings and 

legal notes do not otherwise require, 

GRIs 2 through 6 may be applied in 

order. GRI 3(b) applies to mixtures, 

which are prima facie, classifiable 

under two or more headings and which 

cannot be classified by reference to GRI 

3(a). Pursuant to GRI 3(b), mixtures 

shall be classified as if they consisted of 

the material or component which gives 

them their essential character. 

Note 3 to Chapter 7, HTSUS, provides 

that heading 0712 covers all dried 

vegetables of the kinds falling in 

headings 0701 to 0711, excluding 

certain vegetables but including onions. 

Note 1(a) to Chapter 20, HTSUS, 

provides that this chapter does not 

cover vegetables, fruit or nuts, prepared 

or preserved by the processes specified 

in Chapter 7, 8, or 11. Conversely, Note 

3 to Chapter 20, HTSUS, provides in 

pertinent part that heading 2005 covers, 

as the case may be, only those products 

of Chapter 7, which have been prepared 

or preserved by processes other than 

those referred to in Note 1(a). 

The Explanatory Notes (ENs) to the 

Harmonized Commodity Description 

and Coding System represent the official 

interpretation of the tariff at the 

international level. While neither legally 

binding nor dispositive, the ENs provide 

a commentary on the scope of each 

heading of the HTSUS and are generally 

indicative of the proper interpretation of 


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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 44031 

these headings. See Treasury Decision 

(T.D.) 89–80, 54 FR 35127, 35128 

(August 23, 1989). 

The General EN to Chapter 7, HTSUS, 

provides, in pertinent part, that this 

Chapter covers vegetables, including the 

products listed in Note 2 to the Chapter, 

whether fresh, chilled, frozen (uncooked 

or cooked by steaming or boiling in 

water), provisionally preserved or dried 

(including dehydrated, evaporated or 

freeze-dried), and that some of these 

products when dried and powdered are 

sometimes used as flavoring materials 

but nevertheless remain classified in 

heading 07.12. The EN further states 

that vegetables prepared or preserved by 

any process not provided for in Chapter 

7 fall in Chapter 20. The EN for heading 

07.12 states, in pertinent part, that the 

heading covers vegetables of headings 

07.01 to 07.11 which have been dried 

(including dehydrated, evaporated or 

freeze-dried) i.e., with their natural 

water content removed by various 

processes. The EN further provides that 

heading 0712, HTSUS, covers dried 

vegetables, broken or powdered, such as 

asparagus, cauliflower, parsley, chervil, 

onion, garlic, celery, generally used 

either as flavouring materials or in the 

preparation of soups. The EN for 

heading 20.05 states, in pertinent part, 

that the heading covers products (other 

than vegetables prepared or preserved 

by vinegar or acetic acid of heading 

20.01, frozen vegetables of heading 

20.04 and vegetables preserved by sugar 

of heading 20.06) that have been 

prepared or preserved by processes not 

provided for in Chapter 7 or 11. 

Elaboration of the Petitioner’s Views 

Petitioner contends that the proper 

classification for the subject dried onion 

products is subheading 0712.20.20, 

HTSUS, which provides for ‘‘Dried 

vegetables, whole, cut, sliced, broken or 

in powder, but not further prepared: 

Onions: Powder or flour.’’ Petitioner 

contends that the subject onion 

products are (1) preserved by drying 

and, therefore, excluded from Chapter 

20, HTSUS; (2) neither ‘‘preserved’’ nor 

‘‘prepared’’ in a manner covered by 

Chapter 20, HTSUS; and (3) not 

‘‘prepared’’ or ‘‘preserved’’ under the 

‘‘common and commercial meaning’’ of 

those terms. Specifically, Petitioner 

argues that the subject dried onion 

products are neither prepared nor 

preserved because the small quantities 

of salt or preservatives do not create a 

permanent change to the onion powder. 

In support of its argument, Petitioner 

relies on Headquarters Ruling Letter 

(HQ) H243645 (September 30, 2015) 

wherein CBP classified dried sliced and 

diced potatoes with added sodium 

bisulfate under subheading 0712.90.30, 

HTSUS, as dried potatoes not further 

prepared. In HQ H243645, CBP 

determined that sodium bisulfite simply 

preserved the potatoes’ freshness, color 

and flavor, and did not further prepare 

the product. 

Petitioner asserts that to the extent the 

products are mixtures of multiple 

ingredients, the essential character of 

these products remains onion powder 

and therefore they should be classified 

under 0712.20.20, HTSUS, pursuant to 

GRI 3(b). Petitioner also argues that 

classifying such products as ‘‘prepared’’ 

or ‘‘preserved’’ is contrary to the 

intention to protect domestic 

production of dried onion as indicated 

by the high tariff rate applicable to dried 

onion and dried onion powder. 

Analysis Used by CBP in Prior Rulings 

Subheading 2005.99.20, HTSUS, 

provides for ‘‘Other vegetables prepared 

or preserved otherwise than by vinegar 

or acetic acid, not frozen, other than 

products of heading 2006: Other 

vegetables and mixtures of vegetables: 

Other: Onions.’’ The EN for heading 

07.12 provides guidance that the 

heading covers dried vegetables in 

powder form, including onion, not 

otherwise prepared. If a dried vegetable 

product is prepared beyond the scope of 

heading 0712, HTSUS, it will be 

precluded from classification in that 

heading and classifiable in heading 

2005, HTSUS. 

In the rulings at issue, the dried onion 

products are comprised of dried onion 

powder and varying additional 

ingredients. Specifically, NY N265994 

classified agglomerated onion powder 

consisting of 94.5% dried onion 

powder, 5% water, and 0.5% of 

maltodextrin, silicon dioxide, and 

potassium sorbate combined. NY 

N261449 classified onion and salt 

powders blended in five different 

formulations: 91% onion powder and 

9% salt; 93% onion powder and 7% 

salt; 95% onion powder and 5% salt; 

97% onion powder and 3% salt; and 

99% onion powder and 1% salt. NY 

N257752 classified five products, two of 

which were comprised of onion powder 

and salt. The first consisted of 80% 

onion powder and 20% salt and the 

second consisted of 90% onion powder 

and 10% salt. Finally, NY M86441 

classified agglomerated onion powder 

consisting of 88.5% dehydrated onion 

powder, 5% water, 4% corn starch, 1% 

Arabic gum, 1% silicon dioxide, and 

0.5% citric acid. CBP determined that 

the addition of salt and other 

ingredients, regardless of the 

proportions, further prepared the onion 

powder beyond the scope of heading 

0712, HTSUS. Thus, these dried onion 

products were classified pursuant to 

GRI 1 in subheading 2005.99.20, 

HTSUS, as onions prepared or 

preserved otherwise than by vinegar or 

acetic acid. 

Comments 

Pursuant to section 175.21, CBP 

Regulations (19 CFR 175.21), before 

making a determination on this matter, 

CBP invites written comments on the 

petition from interested parties. 

The domestic interested party petition 

concerning the tariff classification of 

certain dried onion products, as well as 

all comments received in response to 

this notice, will be available for public 

inspection on the docket at 

www.regulations.gov. 

Authority 

This notice is published in 

accordance with 19 U.S.C. 1516 and 

section 175.21 of the CBP Regulations 

(19 CFR 175.21). 

Troy A. Miller, the Acting 

Commissioner, having reviewed and 

approved this document, is delegating 

the authority to electronically sign this 

document to Robert F. Altneu, who is 

the Director of the Regulations and 

Disclosure Law Division for CBP, for 

purposes of publication in the Federal 

Register. 

Dated: August 6, 2021. 

Robert F. Altneu, 

Director, Regulations & Disclosure Law 

Division, Regulations & Rulings, Office of 

Trade, U.S. Customs and Border Protection. 

[FR Doc. 2021–17142 Filed 8–10–21; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

[Docket No. USCBP–2021–0029] 

Receipt of Domestic Interested Party 

Petition Concerning the Tariff 

Classification of Steel Table Pans 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Notice of receipt of domestic 

interested party petition; solicitation of 

comments. 

SUMMARY: U.S. Customs and Border 

Protection (CBP) has received a petition 

submitted on behalf of a domestic 

interested party requesting the 

reclassification, under the Harmonized 

Tariff Schedule of the United States 

(HTSUS), of certain steel table pans. 

CBP currently classifies the subject steel 


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