CLA-2-12:OT:RR:NC:N2:228
Nico Larimer
Upfront Industries Inc.
4809 W. 41st St, Ste 202 #173 Sioux Falls, SD 57106
RE: The tariff classification of dried moringa leaf powder from India or Indonesia
Dear Mr. Larimer:
In your letter dated June 6, 2023, you requested a tariff classification ruling.
The subject merchandise is described as a dried moringa leaf that is grown in either India or Indonesia. The leaf will be processed into a powder in the country where it is grown and harvested which in this case is India or Indonesia. According to the information provided, you plan to import the product primarily for retail sale in 1-pound, 2-pound and 5-pound bags.
The applicable subheading for the dried moringa leaf powder will be 1212.99.9200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included: Other: Other: Other. The general rate of duty will be free.
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.
Your inquiry does not provide enough information for us to rule on the dried leaves that will be imported encapsulated and sold as a dietary supplement. Your request for a classification ruling on this product should include: (1) A complete ingredients breakdown by weight in percentage format; (2) Provide the function of each ingredient; (3) Provide a narrative description of the manufacturing process and the manufacturing flowchart; (4) Provide marketing information and literature; (5) Are the products imported in bulk or for retail? Provide the container types and sizes. 6) To whom is the product sold? When this information is available, you may wish to resubmit your request for a ruling electronically via https://erulings.cbp.gov/s/.
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 Timothy Petrulonis at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division