CLA-2-09:OT:RR:NC:232

Mr. Aaron Bier
Brauner International Corporation
66 York Street, Suite 100
Jersey City, NJ 07302

RE: The tariff classification of Coffee products from Nicaragua

Dear Mr. Bier:

In your letter dated August 19, 2014, you requested a tariff classification ruling on behalf of your client, CF Global Holdings Inc. You provided descriptive literature and product samples of two coffee products. Samples were reviewed and disposed of. The products are to be sold to and directly used as an ingredient in the production of gluten and gluten-free products.

The subject merchandise sold under the trade name “Coffee Flour”, is a product containing 100 percent coffee husks and skins with no additives. The product comes in two varieties, Whole and Milled. Whole is described as having the husks and skins separated from the green coffee bean and washed, dried and packaged. Milled is described as having the husks and skins separated from the green coffee bean washed, and dried. Once the husks and skins are dried, they are ground into various levels of fineness before it is sifted, sorted and packaged.

The applicable subheading for the Coffee Flour in both varieties, whole and milled will be 0901.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion: Other: Coffee husks and skins. The rate of duty will be free. 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 telephone number (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 Frank Troise at [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division