CLA-2-21:OT:RR:NC:N2:228

Ms. Ashley Hong
Nissin International Transport USA Inc.
1540 W. 190th Street
Torrance, CA 90501

RE: The tariff classification of spirulina from Japan

Dear Ms. Wong:

In your letter dated August 18, 2020, you requested a tariff classification ruling on behalf of your client, Wismettac Asian Foods Inc., CA.

An ingredients breakdown, a manufacturing flowchart, a narrative description of the manufacturing process and a photocopy of the packaging were provided with your inquiry.

Taberumo Spirulina is said to contain aprroximately 95 percent water and 5 percent spirulina. The spirulina is a filamentous and multicellular blue-green algae of the arthrospira genus and platensis species. It may be added to juice, yogurt and ice cream. The product will be imported frozen in pouches, 50 grams, net weight.

The applicable subheading for product will be 2102.20.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for yeasts (active or inactive); other single-cell microorganisms, dead (but not including vaccines of heading 3002); prepared baking powders: Inactive yeasts; other single-cell microorganisms, dead: other. The general rate of duty is 3.2 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.

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 Josephine Heaning at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division