CLA-2-08:OT:RR:NC:N2:231
Mr. Mark Johnson
McClary, Swift & Co.—Blaine, Inc.
8105 Birch Bay Square St. (Suite 201)
Blaine, WA 98230
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a snack mix from Canada; Article 509
Dear Mr. Johnson:
In your letter dated April 29, 2014, on behalf of Golden Boy Foods Ltd. (Burnaby, BC, Canada), you requested a ruling on the status of “Summit Seeker Trail Mix” from Canada under the NAFTA.
A sample and ingredients breakdown accompanied your request. The product is a loose blend of nut kernels, seeds and candy. It will be imported into the United States in bulk or in retail packages of various sizes. The submitted breakdown provides the following information regarding the nature of the constituents, their individual shares (percentages by weight of the overall mixture) and countries of origin:
Almonds, raw 26.4% USA
Cashews, raw 22% Vietnam, India or Brazil
Pumpkin seeds, raw 17.6% China
Walnut halves, raw 10% USA
Milk chocolate gems (candy- 15% USA
coated milk chocolate pieces)
Sunflower seeds, raw 9% USA
All of the above ingredients, in the condition as described, will be imported into Canada, where they will merely be mixed together in the indicated proportion and packaged for export to the United States. No other processing will be done in Canada.
You have suggested that the product may be classifiable in subheading 2008.97, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mixtures of prepared or preserved fruit, nuts and other edible parts of plants. However, we find that none of the constituents of the trail mix are goods of chapter 20, HTSUS, and that the combined product likewise fails to fall in that chapter. The product will be regarded as a mixture whose essential character is imparted by the raw-nut combination (almonds/cashews/walnuts), which comprises the majority (58.4%) of the blend.
The applicable tariff provision for the “Summit Seeker Trail Mix” will be 0813.50.0060, HTSUS, which provides for …mixtures of nuts or dried fruits of chapter 8: other. The general rate of duty will be 14% 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/.
General Note 12(b), HTSUS, sets forth the criteria for determining whether a good is originating under the NAFTA. General Note 12(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that
For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as “goods originating in the territory of a NAFTA party” only if--
(i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or
(ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that--
(A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s) and (t) of this note or the rules set forth therein, or
(B) the goods otherwise satisfy the applicable requirements of subdivisions (r), (s) and (t) where no change in tariff classification is required, and the goods satisfy all other requirements of this note; or
(iii) they are goods produced entirely in the territory of Canada, Mexico and/or the United States exclusively from originating materials; or …
Based on the facts provided, the “Summit Seeker Trail Mix” does not qualify for preferential treatment under the NAFTA because none of the above requirements are met. (The cashews do not undergo the change in tariff classification required by General Note 12(t)/Chapter 8.)
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 be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact this 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 or (301) 851-2046
FAX: (301) 734-5786
Email: [email protected]
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).
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 the email address [email protected].
Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs and Border Protection, Regulations & Rulings, 90 K Street, N.E. – 10th floor, Washington, DC 20229-1177.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division