CLA-2:11:OT:RR:NC:N5:231
Yunming Gu
Wismettac Asian Foods, Inc.
13409 Orden Dr Santa Fe Springs, CA 90604-6336 United States
RE: The tariff classification of Tempura Flour from Japan. Correction to Ruling Number N334209
Dear Mr. Gu:
This replaces Ruling Number, N334209, dated November 21, 2023, which contains a clerical error in the ten-digit tariff number. Also, this office was informed that the incorrect title was used to address the Requester. A complete corrected ruling follows:
In your letter dated July 25, 2023, you requested a tariff classification ruling. A sample was submitted with your ruling request and was forwarded to the Customs and Border Protection Laboratory for analysis. This analysis has been completed. The stated ingredients are wheat flour (98 percent) and baking powder (2 percent). The product which will be imported in 20-kilogram paper bags, will be for sale to the food service industry.
The applicable subheading for Tempura Flour will be 1101.00.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Wheat or meslin flour...Other.” The general rate of duty will be 0.7 cents per kilogram.
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.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
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 above, please contact National Import Specialist Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division