CLA-2-08:OT:RR:NC:N2:228
Ms. Cheryl Spears
USG Logistics Inc.
70 East Sunrise Highway, suite 412
Valley Stream, NY 11581
RE: The tariff classification of frozen whole Miracle Fruit from Ghana
Dear Ms. Spears:
In your letter dated November 4, 2014, you requested a tariff classification on behalf of Miraburst / MB Group USA.
You stated that Miracle Fruit (Synsepalum dulcificum), also known as Miraculous Berry, will be imported in three forms. One of the forms will be whole fruit in frozen condition.
The applicable subheading for the frozen whole Miracle Fruit will be 0811.90.8080, Harmonized Tariff Schedule of the United States, HTSUS, which provides for fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter ... other ... other. The general rate of duty will be 14.5 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/.
Your inquiry does not provide enough information for us to give a classification ruling on the Miracle Fruit imported in the other two forms – (1) de-pitted/de-pulped puree/slurry/emulsion, and (2) dry powder formulation. Your request for a classification ruling should provide a detailed description of the manufacturing process for both forms and indicate whether any additives are added to the products. For the dry powder product, you will also need to provide a particle size analysis, or provide a sample for laboratory testing. When this information is available, you may wish to consider resubmission of your request.
Importations of this merchandise are subject to regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture (USDA) may be addressed to that agency at telephone: (877) 770- 5990 or email: [email protected]
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 ww.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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division