CLA-2-20:OT:RR:NC:2:228

Mr. Bob Chen
Ming Hong International
14730 Don Julian Road
City of Industry, CA 91746

RE: The tariff classification of sushi ginger from China

Dear Mr. Chen:

In your letter dated December 28, 2017 you requested a tariff classification ruling.

An ingredients breakdown, description of the manufacturing process, a manufacturing flowchart, and samples for five products of sushi ginger accompanied your letter. The samples were examined and discarded.

All five items are prepared food products consisting of thin slivers of ginger in natural color, pink, and white varieties. Item number 70288, sushi ginger pink, is said to be approximately 67 percent ginger, 28 percent water, 3 percent salt, 0.46 percent acetic acid, and trace amounts of citric acid, aspartame, potassium sorbate, and FD&C red #40. Item number 70688, sushi ginger white, is said to be approximately 56 percent ginger, 39 percent water, 4 percent salt, 0.46 percent acetic acid, and trace amounts of citric acid, aspartame, and potassium sorbate. Item number 77777, sushi ginger pink, is said to be approximately 67 percent ginger, 28 percent water, 3 percent salt, 0.46 percent acetic acid, and trace amounts of citric acid, aspartame, potassium sorbate, and FD&C red #40. Item number 77778, sushi ginger natural color, is said to be approximately 67 percent ginger, 28 percent water, 3 percent salt, 0.46 percent acetic acid, and trace amounts of citric acid, aspartame, and potassium sorbate. The products will be imported in plastic tubs weighing approximately 20 pounds, net weight, and will be served in sushi bars and Japanese restaurants.

The applicable subheading for sushi ginger item numbers 70288, 70688, 77777, and 77778 will be will be 2008.99.9190, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit … otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter … not elsewhere specified or included … other … other … other. The general rate of duty will be 6 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 https://hts.usitc.gov/current.

Your inquiry does not provide enough information for us to give a classification ruling on item number 70788, sushi ginger white. Your request for a classification ruling should include the source of the sugar, a detailed description of the function of the sugar and fructose, a narrative description of the manufacturing process, and the manufacturing flowchart. When this information is available, you may wish to consider resubmission of your request.

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.

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,

Steven A. Mack
Director
National Commodity Specialist Division