CLA-2-10:OT:RR:NC:N2:231

Mr. Jacob Wheeler
PacMoore
1844 Summer Street
Hammond, IN 46320

RE: The tariff classification of Teff Seed from Ethiopia

Dear Mr. Wheeler:

In your letter dated October 13, 2017 you requested a tariff classification ruling.

The subject merchandise is Teff (Eragrostis tef) in whole seed form. The product will be imported in the brown and white seed variety in 20 foot containers holding 44,000 pounds. The product which will be sold to mills will be processed into flour, health food snacks or cooked in its seed form akin to the preparation method of quinoa.

The applicable subheading for the Teff Seed will be 1008.21.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Buckwheat, millet and canary weeds; other cereals (including wild rice): Millet: Seed. The rate of duty will be 0.32 cents per kilogram.

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 https://hts.usitc.gov/current.

Articles classifiable under subheading 1008.21.0000, Harmonized Tariff Schedule of the United States (HTSUS), which are products of Ethiopia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP.”

You did not submit sufficient information for this office to issue a ruling on the country of origin and marking of the product. If you wish to pursue a ruling on the aforementioned issues, please submit a new request and respond to the following:

How will the product be packed for importation, i.e. retail or bulk quantity? What is the container type, i.e. gunny sacks or polyethylene bags etc? If in retail size, provide a sample and/or label prototype. If in bulk quantity, provide pictorial representations of the item as will be shipped into the United States.

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 website 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 Ekeng Manczuk at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division