CLA-2-20:OT:RR:NC:N2:228

Ms. Maya Kessler
Costco Wholesale
999 Lake Drive
Issaquah, WA 98027

RE: The tariff classification of a seaweed snack from South Korea

Dear Ms. Kessler:

In your letter dated September 30, 2021, you requested a tariff classification.

An ingredients breakdown, a manufacturing flowchart, and a picture of the product packaging accompanied your inquiry. The product, “Organic Seaweed Bugak Chips,” is said to contain organic glutinous rice, organic seaweed, organic high oleic sunflower oil, organic cane sugar, organic sesame seeds, sea salt, organic onion with tamari powder, organic shiitake mushroom powder and organic ginger powder. The product is prepared by first boiling the rice to create a glutinous rice paste, which is applied to seaweed that has been flattened to a sheet. Subsequently, the product is placed in a dehydrator to allow the wet glutinous rice paste to dry. It is then cut, fried in organic high oleic sunflower oil, and seasoned. Organic Seaweed Bugak Chips are said to have a crispy, crunchy texture, and are packaged for retail sale in an aluminum pouch, with a net weight of 150-grams.

In your letter, you suggested that the product may be classified under subheading 1905.90.9030, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for bread, pastry, cakes, biscuits and other bakers’ wares…other…other…corn chips and similar crisp savory snack foods. Based on the he composition of the ingredients and the manufacturing information provided, the product will be classified elsewhere. The applicable subheading for the product, “Organic Seaweed Bugak Chips,” will be 2008.99.9190, HTSUS, which provides for other edible parts of plants, otherwise prepared or preserved . . . 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 http://www.usitc.gov/tata/hts/.

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 ww.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