Ms. Claudia Uribe
goVida Healthy Foods, LLC
162 Brewster Road
Scarsdale, NY 10583
RE: The tariff classification of snack mixes from Colombia
Dear Ms. Uribe:
In your letter dated January 9, 2012, you requested a tariff classification ruling.
Ingredients lists and a description of the processing for three freeze-dried snack mixes were provided with your letter. Mango & Kiwi is a mixture of slices of mango and kiwi. Dragon Fruit & Cape Gooseberry consists of sliced dragon fruit and halved cape gooseberry. All fruits are grown, picked, cut, freeze-dried, and packaged in Colombia. The snack mixes will be exported into the United States under your brand goVida Healthy Foods, LLC.
The applicable subheading for the Mango & Kiwi mix and Dragon Fruit & Cape Gooseberry mix will be 0813.50.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this chapter … mixtures of nuts or dried fruits of this chapter … containing only fruit. The rate of duty will be 14 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/.
Your inquiry does not provide enough information for us to issue a classification ruling on the Strawberry & Dulce de Leche mix. Your request for a classification ruling should include a complete ingredients breakdown of dulce de leche (caramel type), by weight, and provide a sample of the mix. When this information is available, you may wish to consider resubmission of your request.
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.
Articles classifiable under subheading 0813.50.0020, HTSUS, which are products of Colombia may be entitled to duty free treatment under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations.
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 Bruce N. Hadley, Jr. at (646) 733-3029.
Thomas J. Russo
National Commodity Specialist Division