CLA-2-11:OT:RR:NC:N2:228
Mr. Troy Clarke
CBT International, Inc.
249 East Ocean Boulevard Suite 650
Long Beach, CA 90802
RE: The tariff classification of Baobab fruit powder from South Africa
Dear Mr. Clarke:
In your letters dated October 24, 2011 and February 17, 2012, on behalf of BI Nutraceuticals, Inc., you requested a tariff classification ruling. The February letter was received by this office on April 10, 2012.
A description of the product was provided in your October letter. A process flow chart and sample were submitted with your second letter. The sample was examined and disposed of. Baobab fruit powder is a free flowing, cream-colored, fine powder, processed from naturally dehydrated powdery fruit pulp inside the fruit by cracking open the hard shell of the Baobab fruit, removing the inner contents, mechanically separating the seeds and the fibrous material from the fruit pulp, milling, running through three sieves to separate from the unwanted material (e.g. Baobab fibers). The powder will be packaged in 50-kilogram air-tight bags and transported to the United Kingdom. In the United Kingdom, the powder was further passed through a sieve with an aperture of 135 microns, and packaged in sealed bags in bulk for exportation to the United States.
The applicable subheading for the Baobab fruit powder will be 1106.30.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for flour, meal and powder … of the products of chapter 8… other. The rate of duty will be 9.6 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 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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division