CLA-2-23:OT:RR:NC:N2:231
Ms. Julie Dreke
Toshoku America, Inc.
15407 McGinty Road West
Wayzata, MN 55391
RE: The tariff classification of Chia Instant Powder from Peru.
Dear Ms. Dreke:
In your letter dated January 23, 2020, you requested a tariff classification ruling.
The subject merchandise is 100 percent Chia Instant Powder (Salvia hispanica). The product is derived from chia seed presscake. According to the submitted flowchart you provided, the chia seeds are selected and cold-pressed to expel the oil. The resultant chia presscake is sieved, extruded, dried, milled, sifted and packed in a high-density polyethylene bag with a net weight of 10 kilograms. The Chia Instant Powder will be sold to the food industry upon importation into the United States.
The applicable subheading for the chia instant powder will be 2306.90.0150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetable fats or oils, other than those of heading 2304 or 2305: Other: Other.” The rate of duty will be 0.32 cents per kilogram.
Articles classifiable under subheading 2306.90.0150, HTSUS, which are products of Peru, may be entitled to duty-free treatment under the United States - Peru Trade Promotion Agreement Implementation Act (PETPA) upon compliance with all applicable regulations. The PETPA 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 PETPA, check our Web site at www.cbp.gov and search for the term " PETPA ".
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/.
Importations of this merchandise may be subject to regulations administered by administered by the United States Department of Agriculture (USDA). Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that agency at the following location:
U.S. Department of Agriculture
Animal and Plant Health Inspection Service (APHIS)
Plant Protection and Quarantine Permit Unit
4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone: (877) 770-5990
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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division