Answer 2. D HTS II, Chp 7; GRI 1; GN 19(a)
2001 HTSUS based answer
0704.00 Cabbages, cauliflower, kohlrabi, kale and similar edible brassicas, fresh or chilled:
0704.10 Cauliflower and headed broccoli (Brassica oleracea var. botrytis):
0704.10.2000 If entered during the period from June 5 to October 15, inclusive, in any year kg 2.5% Free (A,CA,E,IL,J,MX) 50%
1. The table of contents, alphabetical index, and titles of sections, chapters and sub-chapters are provided for ease of reference only; for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to the following provisions:
GN 19(a)--This reference (provided by Customs) is difficult to relate to the problem.
19. Commingling of Goods.
(a) Whenever goods subject to different rates of duty are so packed together or mingled that the quantity or value of each class of goods cannot be readily ascertained by customs officers (without physical segregation of the shipment or the contents of any entire package thereof,) by one or more of the following means:
(i) sampling,
(ii) verification of packing lists or other documents filed at the time of entry, or
(iii) evidence showing performance of commercial settlement tests generally accepted in the trade and filed in such time and manner as may be prescribed by regulations of the Secretary of the Treasury, the commingled goods shall be subject to the highest rate of duty applicable to any part thereof unless the consignee or his agent segregates the goods pursuant to subparagraph (b) hereof.
Solution: Look up califlower, refered to vegetables under fresh to 0704.
The key is the entry date which is June 6, language of heading subheading.
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