CLA-2-04:OT:RR:NC:2:231

Mr. Michael Gee
Mass Network International, LLC
15 Maybury Ct.
Staten Island, NY 10306

RE: The tariff classification of edible birds’ nests from Malaysia.

Dear Mr. Gee:

In your letter dated September 10, 2010, you requested a tariff classification ruling.

The ruling was requested on the edible nests of Swift birds. The nests in question are those made by the Swifts from their own saliva, which is said to contain a water-soluble glycoprotein. The nests, which will be gathered and dried prior to shipment, are intended for human consumption as an ingredient in soups and drinks.

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 rate of duty 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/.

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