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

Mr. Gerald J. Wilk
Freudenberg North America Limited Partnership
47774 West Anchor Court
Plymouth, MI 48170-2455

RE: The tariff classification of a confectionary anti-sticking agent from Germany

Dear Mr. Wilk:

In your letter dated March 22, 2021, you requested a tariff classification ruling on behalf of your client, Capol LLC, IL.

An ingredients breakdown and product specification sheet accompanied your inquiry. Capolan® 73-1279 is said to be composed of tartaric acid, malic acid, citric acid and vegetable fat. It is said to be an almost white solution with a typical odor that functions as a protective coating used in confectionery production. The product will be packaged for sale to customers in kraft paper plastic lined bags, 25 kg., net packed.

The applicable subheading for Capolan® 73-1279 will be 2106.90.9898, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other…other. The general rate of duty will be 6.4 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 Timothy Petrulonis at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division