CLA-2-04:OT:RR:E:NC:2:231
Mr. Liberto Julianto
Cemara Wangi
16029 Meridian Ave. N
Seattle, WA 98133
RE: The tariff classification of edible birds’ nests from Indonesia.
Dear Mr. Julianto:
In your letter dated November 25, 2008, you requested a tariff classification ruling.
The ruling was requested on the edible nests of swiftlets (Aerodramus fuciphagus and Aerodramus maximus). You state that these birds’ nests are gathered from caverns and manmade houses, soaked in warm water, cleaned of feathers and other debris, dried (either by air or oven), and packed. They are intended for human consumption as an ingredient in soups and drinks. For the purposes of this ruling, it is assumed that the nests in question are those made by the swiflets from their own saliva, which hardens upon exposure to air, and which is known to be high in protein.
The applicable subheading for the above-described edible birds’ nests will be 0410.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for edible products of animal origin, not elsewhere specified or included. The duty rate will be 1.1 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 World Wide Web at http://www.usitc.gov/tata/hts/.
Articles classifiable under subheading 0410.00.0000, HTSUS, which are products of Indonesia may be entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. In the present case, the immediate containers must therefore be marked to indicate the origin of the imported birds’ nests packed within them, e.g., “Product of Indonesia.”
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.
These goods may also be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact that agency regarding possible applicable regulations at the following location:
U.S. Department of Agriculture
APHIS
VS, NCIE, Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1236
Telephone number: 301-734-3277
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 Nathan Rosenstein at (646) 733-3030.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division