CLA-2-30:RR:NC:2:238 K89236

Ms. Kathy Lin
ProFood International, Inc.
40 Shuman Blvd., Suite 160
Naperville, IL 60563

RE: The tariff classification of Nisin, a formulated (prepared) microbicide containing nisin (CAS-1414-45-5) as the active ingredient, from China

Dear Ms. Lin:

In your letter dated August 27, 2004, you requested a tariff classification ruling.

The subject product, Nisin, consists of a formulated (prepared) microbicide containing nisin [a naturally occurring polypeptide antibiotic produced by Streptococcus lactis (reclassified as Lactococcus lactis subsp. lactis)] as the active ingredient. According to your letter, the production of Nisin commences with the inoculation of a plant-protein-based fermentation medium. The resulting nisin is concentrated, separated, and spray-dried, before milling into fine particles. After milling, the fine particles are standardized by the addition of sodium chloride (salt). The resulting typical composition is nisin (2.5%), sodium chloride (~77%), “other protein and carbohydrate” (~18%), and moisture (less than 3%). Nisin is used in food processing as a preservative in products such as processed cheese, cooked meat and poultry, and canned fruits and vegetables.

The applicable subheading for the subject product will be 3808.90.9500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Other: Other: Other.” The rate of duty will be 5 percent ad valorem.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-443-6332.

This merchandise may also be subject to the requirements of the U.S. Department of Agriculture, Food Safety and Inspection Service (FSIS). You may contact them at 300 12th Street, SW, Washington DC 20250.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Harvey Kuperstein at 646-733-3033.


Robert B. Swierupski
National Commodity
Specialist Division