CLA-2-23:OT:RR:NC:SP:231
Ms. Julie Genova
Serra International, Inc.
149-09 183rd St.
Springfield Gardens, N.Y. 11413
RE: The tariff classification of grape residue (pomace or marc) from France.
Dear Ms. Genova:
In your letter dated March 18, 2009, you requested a tariff classification ruling on behalf of Youthforia Inc., DBA ReserveAge (Gainesville, FL).
The goods in question are dried, residual skins and seeds from red grapes that have been crushed or pressed in winemaking operations. A bagged sample submitted for our examination consists of a mixture of numerous purplish seeds and irregularly shaped granules and flakes. You indicate that after importation this material will be used as an ingredient in a nutritional dietary supplement.
The applicable subheading for the dried grape residue will be 2308.00.9890, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetable materials and vegetable waste, vegetable residues and byproducts, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included: other: other. The rate of duty will be 1.4%.
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/.
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
Plant Protection and Quarantine Permit Unit
4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990
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