Ms. Elizabeth Weinzierl-Gutmann
Savino Del Bene U.S.A., Inc.
149-10 183rd Street
Jamaica, NY 11413

RE: The tariff classification of food ingredients from Spain

Dear Ms. Weinzierl-Gutmann:

In your letter dated April 30, 2009, on behalf of Vitatene S.A., you requested a tariff classification ruling.

Samples and technical information were submitted with your letter. The samples were examined and disposed of. Betanat® 30% OS (oil suspension) and Betanat® 20% CWD (cold water dispersible) are human food ingredients containing beta-carotene obtained by fermentation of the fungus Blakeslea trispora. Betanat® 30% OS is composed of 68 percent sunflower oil, 30 percent crystalline beta-carotene, and 2 percent dl-alpha-tocopherol. Betanat® 20% CWD consists of 73 percent modified starch, 20 percent crystalline beta-carotene, 5 percent water, and 2 percent dl-alpha-tocopherol.

In your letter, you suggest the Betanat® products may be classified in subheading 2936.90.01, Harmonized Tariff Schedule of the United States (HTSUS), the provision for other natural provitamins. We do not agree. Based on the products’ ingredient composition and use, they will be classified elsewhere.

The applicable subheading for the Betanat® 30% OS and Betanat® 20% CWD will be 2106.90.9998, HTSUS, which provides for food preparations not elsewhere specified or included…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 on World Wide Web at

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

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 Stanley Hopard at (646) 733-3029.


Robert B. Swierupski
National Commodity Specialist Division