CLA-2-28:OT:RR:NC:2:236
Ms. Patricia S. Camero
JC International
8200 San Lorenzo Dr.
Laredo, TX 78045
RE: The tariff classification of Nutrifos B-90
Dear Ms. Camero:
In your letter dated November 1, 2011, you requested a tariff classification ruling. You also submitted a sample of the subject merchandise, which was consumed during testing. We regret the delay in responding, which was due to the laboratory analysis.
Nutrifos B-90 is marketed as one of a line of polyphosphate food additives used in reformed and restructured food products to help improve yield and final product characteristics. Nutrifos B-90 is stated to be useful when increased solubility or water softening are desired. It is advantageous in highly concentrated ham pickling solutions where the higher solubility allows a processor to retain more phosphate in solution. Due to its sequestering characteristics, it will also delay oxidation in processed meat, poultry and fish products. Generally, in food processing, sequestering agents aid in stabilizing color, flavor and texture.
The manufacturer’s information states that Nutrifos B-90 contains 85 percent sodium tripolyphosphate, 10 percent hexametaphosphate, and 5 percent tetrasodium pyrophosphate. Laboratory analysis conducted by the New York Customs and Border Protection (CBP) Laboratory determined that the sample product was principally sodium tripolyphosphate, but could not confirm the presence or absence of the other two phosphates.
Based on technical literature such as Hawley’s Condensed Chemical Dictionary, Fourteenth Edition, p. 1028, CBP has maintained that sodium tripolyphosphate may contain up to 10% pyrophosphate and up to 5% tri-metaphosphate. We therefore believe that Nutrifos B-90 may contain up to 15 percent of manufacturing impurities as a stated by the manufacturer. We note also
that, in Heading 2835, Harmonized Tariff Schedule of the United States (HTSUS), phosphinates (hypophosphites), phosphonates (phosphites) and phosphates, and polyphosphates may be classified therein whether or not they are chemically defined.
The applicable subheading for the Nutrifos B-90 will be 2835.31.0000, HTSUS, which provides for “Phosphinates (hypophosphites), phosphonates (phosphites) and phosphates; polyphosphates, whether or not chemically defined: Polyphosphates: Sodium triphosphate (Sodium tripolyphosphate).” The rate of duty will be 1.4 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 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.
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 this merchandise at (646) 733-3034.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division