CLA-2-19:OT:RR:NC:N2:231

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

RE: The tariff classification of Healthy Noodles from Japan

Dear Ms. Hong:

In your letter dated April 4, 2023, you requested a tariff classification ruling on behalf of your client, Kibun Foods (U.S.A.), Inc. (Seattle, WA).

The subject merchandise is called Healthy Noodle. The fully cooked, ready-to-eat product is composed of water, soybean fiber powder, cellulose, sodium alginate, and yam konjack powder. The noodles are said to be intended for individuals with diabetes or celiac disease and those on certain weight loss regimes. The product will be imported and sold in packages with a net weight of 5.29 ounces.

The applicable subheading for the Healthy Noodle product will be 1901.90.9195, HTSUS, which provides for: “Food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 percent by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: Other: Other: Other: Other.” The 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 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 and Border Protection 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, please contact National Import Specialist Ekeng Manczuk at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division