CLA-2-04:OT:RR:NC:2:231
Mr. Robert A. McIntosh
Apple Restaurant Consultants
1588 Lincoln Place
Brooklyn, NY 11233
RE: The tariff classification of edible birds’ nests from Malaysia.
Dear Mr. McIntosh:
In your letter dated August 31, 2010, you requested a tariff classification ruling.
The ruling was requested on the edible nests of swiftlets (Aerodramus fuciphagus and Aerodramus maximus). The nests in question are those made by the swiftlets from their own saliva, which is said to contain a water-soluble glycoprotein. The nests, which will be gathered, cleaned and dried prior to shipment, are intended for human consumption as an ingredient in drinks and soups.
The applicable subheading for the above-described edible birds’ nests will be 0410.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for edible products of animal origin, not elsewhere specified or included. The rate of duty will be 1.1 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 http://www.usitc.gov/tata/hts/.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. In the present case, the immediate containers must therefore be marked to indicate the origin of the imported birds’ nests packed within them, e.g., “Product of Malaysia.”
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.
These goods may also be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact that agency regarding possible applicable regulations at the following location:
U.S. Department of Agriculture
APHIS
VS, NCIE, Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1236
Telephone number: 301-734-3277
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 Nathan Rosenstein at (646) 733-3030.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division