CLA-2-21:OT:RR:NC:N4:228

Mr. Adrian Persaud
Advance Shipping Co., Inc.
7 Dey Street, Suite 1100
New York, NY 10007

RE: The tariff classification of Safflower Oil Powder 73% WDP from China

Dear Mr. Persaud:

In your letter dated August 9, 2016, you requested a tariff classification ruling on behalf of Shanghai Freemen Americas LLC, NJ.

An ingredients breakdown, manufacturing flow chart, and production data sheet accompanied your inquiry. The product INNOBIO® Safflower Oil Powder 73% WDP is described as a free flowing and water dispersible powder. The product is said to contain approximately 73 percent safflower oil, 2 to 8 percent corn syrup solids, 5 to 15 percent sodium caseinate, 0.3 to 4 percent sunflower lecithin, 0.2 to 2 percent silicon dioxide, and 0.1 to 2 percent sodium tripolyphosphate. You indicated that the active ingredient is safflower oil, and the product is used as an ingredient in making dietary supplements. The product will be imported in 10kg heat sealed aluminum foil bags with two bags packed in corrugated paper cartons.

The applicable subheading for the INNOBIO® Safflower Oil Powder 73% WDP will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included . . . other . . . other . . . other . . . other . . . other . . . other. The general rate of duty will be 6.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 Bruce N. Hadley Jr. at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division