CLA-2-07:OT:RR:NC:N2:228

Mr. Dan Mabee
BCFoods, Inc.
1330 N. Dutton Ave. – Ste. 100
Santa Rosa, CA 95401

RE: The tariff classification of garlic powder from China

Dear Mr. Mabee:

In your letter dated November 13, 2015 you requested a tariff classification ruling.

Ingredients breakdowns for two blends accompanied your inquiry. Both products will be imported in bulk in powder form. One blend is said to contain 98 percent garlic powder, and 2 percent calcium stearate. The second blend is said to contain 98 percent garlic powder, and 2 percent silicon dioxide. Both products will be packaged in cartons for wholesale to companies using them as food ingredients.

The applicable subheading for the garlic powder will be 0712.90.4020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared . . . other vegetables . . . garlic . . . powder or flour. The general rate of duty will be 29.8 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 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